DOCSLIB.ORG

Selecting Scrutiny in Compelled-Speech Cases Involving Non-Commercial Expression

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Selecting Scrutiny in Compelled-Speech Cases Involving Non-Commercial Expression Fordham Intellectual Property, Media and Entertainment Law Journal Volume 31 XXXI Number 1 Article 1 2020 Selecting Scrutiny in Compelled-Speech Cases Involving Non- Commercial Expression: The Formulaic Landscape of a Strict Scrutiny World After Becerra and Janus, and a First Amendment Interests-and-Values Alternative Clay Calvert University of Florida, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Constitutional Law Commons Recommended Citation Clay Calvert, Selecting Scrutiny in Compelled-Speech Cases Involving Non-Commercial Expression: The Formulaic Landscape of a Strict Scrutiny World After Becerra and Janus, and a First Amendment Interests-and-Values Alternative, 31 Fordham Intell. Prop. Media & Ent. L.J. 1 (2020). Available at: https://ir.lawnet.fordham.edu/iplj/vol31/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Selecting Scrutiny in Compelled-Speech Cases Involving Non-Commercial Expression: The Formulaic Landscape of a Strict Scrutiny World After Becerra and Janus, and a First Amendment Interests- and-Values Alternative Clay Calvert* This Article examines how courts select the standard of scrutiny—strict, intermediate, or something akin to rational basis— in compelled-speech disputes following the United States Supreme Court’s 2018 rulings in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. The compelled-speech doctrine provides individuals and entities with a qualified First Amend- ment right not to be forced by the government to convey messages under certain circumstances. This principle sometimes is referred to as an unenumerated First Amendment right not to speak. The Article concentrates on compelled-speech mandates involv- ing non-commercial expression in a factually eclectic collection of 2019 cases. Specifically, it focuses on the methodologies for * Professor of Law, Brechner Eminent Scholar in Mass Communication and Director of the Marion B. Brechner First Amendment Project at the University of Florida in Gainesville, Fla. B.A., 1987, Communication, Stanford University; J.D. (Order of the Coif), 1991, McGeorge School of Law, University of the Pacific; Ph.D., 1996, Communication, Stanford University. The author thanks University of Florida students Olivia Baruch, Jackson McMillan and Gabriella Solomon for their helpful reviews of early drafts of this Article. Additionally, the author thanks the faculty of the University of Florida Levin College of Law for their feedback and input at a workshop for a draft of this Article in January 2020. 1 2 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. [Vol. XXXI:1 determining scrutiny and how, in turn, Becerra and Janus influ- ence those tacks. The right-not-to-speak cases addressed here concern the government requiring: (1) building owners to post small warning notices about a structure’s construction; (2) real-estate de- velopers to either display or fund public-facing art; (3) newspapers to disclose facts online about buyers of political advertisements; (4) groups registering voters to give disclaimers to those with whom they interact; (5) registered sex offenders to display warning signs in front of their residences proximate to Halloween; and (6) busi- ness operators to create expressive products (wedding invitations and videos) celebrating same-sex marital unions. Courts selected strict scrutiny in all but one of these diverse circumstances and often were influenced by Becerra and/or Janus in doing so, but was that rigorous standard appropriate? Does its application, in other words, amount to judicial overkill against the handiwork of law- makers? The Article argues that if courts in some of these settings used a First Amendment interests-and-values approach for deter- mining scrutiny—a path favored by Justice Stephen Breyer—instead of a simplistic, long-standing formula pivoting on whether a law is content-based or content-neutral, then they might have deploy- ed a less stringent test that better balanced competing interests. The Article identifies five First Amendment interests and values for resolving scrutiny in a more nuanced fashion in future compelled- speech disputes. INTRODUCTION ................................................................... 3 I. FROM PUBLIC ART, POLITICAL ADS, AND VOTER- REGISTRATION DRIVES TO SEX OFFENDER SIGNS AND SPEECH CELEBRATING SAME-SEX WEDDINGS: THE STATUS OF SCRUTINY IN 2019 IN SELECTED COMPELLED-SPEECH CASES................................. 25 A. Compelled Public-Facing Art .......................... 27 B. Compelling Disclosure About the Buyers of Political Advertisements .............................. 36 C. Compelling Disclosure of Information in Voter Registration Drives .......................................... 49 D. Compelling Sex Offenders to Express Self- Stigmatizing Messages ..................................... 52 2020] SELECTING SCRUTINY IN COMPELLED-SPEECH CASES 3 E. Anti-Discrimination Laws and Compelling the Creation of Speech-Based Products ................ 59 1. Resolving Scrutiny in Telescope Media Group ............................................. 66 2. Resolving Scrutiny in Brush & Nib Studios ....................................................... 76 3. Exposing a Fundamental Problem with the Usual Methodology for Choosing Scrutiny Beyond Selecting a Too Stringent Standard ..................................... 79 II. BEYOND BECERRA, JANUS, AND CONTENT- BASED CLASSIFICATIONS: CONSIDERING FIRST AMENDMENT INTERESTS AND BENCHMARKING AGAINST PRECEDENTS IN COMPELLED- SPEECH CASES ...................................................... 82 A. The First Amendment Anti-Orthodoxy Interest in Not Speaking ................................................ 85 B. The First Amendment Interest in Self-Realization Through the Receipt of Speech ......................... 90 C. The First Amendment Interest in the Discovery of Factual Knowledge ...................................... 94 D. The First Amendment Interest in Facilitating Democratic Self-Governance ........................... 98 E. The First Amendment Interest in Protecting an Autonomous Press ..................................... 106 CONCLUSION ................................................................... 108 INTRODUCTION Striving to foster awareness of earthquake risks, the City of Portland, Oregon, adopted laws in 2018 and 2019 affecting owners of unreinforced masonry buildings.1 The city has approximately 1,600 of such structures.2 Unfortunately, Portland also “has about a 1 Masonry Bldg. Owners of Or. v. Wheeler, 394 F. Supp. 3d 1279, 1292 (D. Or. 2019); see also id. at 1306 (noting “Defendants’ stated interests in ‘building awareness of seismic risk’ and promoting public safety”). The 2019 ordinance replaced a prior one adopted in 2018 that affected the owners of such structures. Id. at 1287–88. 2 Elliot Njus, Portland Delays Earthquake Warning Sign Ordinance, OREGONIAN (Portland), Mar. 1, 2019, at A4. 4 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. [Vol. XXXI:1 one-in-four chance of suffering a major 8.0-or-greater earthquake in the next fifty years.”3 These edifices are unlikely to withstand such powerful seismic activity.4 Portland’s Bureau of Emergency Management warns that unreinforced masonry buildings create “a great risk for human injury, property damage, and loss of economic use after an earthquake.”5 The 2019 ordinance, like its 2018 predecessor, required owners of these buildings to conspicuously post placards measuring eight- by-ten inches on their exteriors near main entrances.6 The signs had to convey the following government-mandated message in at least fifty-point bold type: THIS IS AN UNREINFORCED MASONRY BUILDING. UNREINFORCED MASONRY BUILDINGS MAY BE UNSAFE IN THE EVENT OF A MAJOR EARTHQUAKE. P.C.C. [Portland City Code] 24.85.065.7 Portland established definitions of both reinforced and unreinforced masonry.8 Buildings satisfying specific retrofitting 3 Elliot Njus, Building Owners Seek to Block Warning Sign Ordinance Permanently, OREGONIAN (Portland), May 15, 2019, at A9 [hereinafter Building Owners]. For purposes of comparison, the Loma Prieta earthquake, which struck the San Francisco Bay Area in October 1989, killed sixty-seven people and caused more than $5 billion in damages, measured 6.9 on the Richter scale. See San Francisco Earthquake of 1989, HISTORY (Dec. 18, 2009), https://www.history.com/topics/natural-disasters-and-environment/1989-san- francisco-earthquake [https://perma.cc/RH9P-4PX2]. 4 Elliot Njus, Earthquake Warning Ordinance Spurs Lawsuit, OREGONIAN (Portland), Dec. 21, 2018, at A10. 5 Why Are We Focusing on URMs?, PORTLAND BUREAU OF EMERGENCY MGMT., https://www.portlandoregon.gov/pbem/77827 [https://perma.cc/RH9P-4PX2]. 6 Wheeler, 394 F. Supp. 3d at 1288. 7 Id. 8 Specifically, Portland defined unreinforced masonry as: [A]dobe, burned clay, concrete or sand-lime brick, hollow clay or concrete block, hollow clay tile, rubble and cut stone and unburned clay masonry that does not satisfy the definition of reinforced masonry as defined herein. Plain unreinforced concrete shall not be considered unreinforced masonry for the purpose of this Chapter. PORTLAND
Load more

Recommended publications
  • National Cultural Differences and Multinational Business
    Globalization Note Series Pankaj Ghemawat and Sebastian Reiche National Cultural Differences and Multinational Business The eminent Dutch psychologist, management researcher, and culture expert Geert Hofstede, early in his career, interviewed unsuccessfully for an engineering job with an American company. Later, he wrote of typical cross-cultural misunderstandings that crop up when American managers interview Dutch recruits and vice versa: “American applicants, to Dutch eyes, oversell themselves. Their CVs are worded in superlatives…during the interview they try to behave assertively, promising things they are very unlikely to realize…Dutch applicants in American eyes undersell themselves. They write modest and usually short CVs, counting on the interviewer to find out by asking how good they really are…they are very careful not to be seen as braggarts and not to make promises they are not absolutely sure they can fulfill. American interviewers know how to interpret American CVs and interviews and they tend to discount the information provided. Dutch interviewers, accustomed to Dutch applicants, tend to upgrade the information. To an uninitiated American interviewer an uninitiated Dutch applicant comes across as a sucker. To an uninitiated Dutch interviewer an uninitiated American applicant comes across as a braggart.”1 Cultural differences, while difficult to observe and measure, are obviously very important. Failure to appreciate and account for them can lead to embarrassing blunders, strain relationships, and drag down business performance. And the effects of culture persist even in life-and-death situations. Consider the example of Korean Air’s high incidence of plane crashes between 1970 and 2000. As an analysis of conversations recorded in the black boxes of the crashed planes revealed, the co-pilots and flight engineers in all-Korean cockpits were too deferential to their captains.
    [Show full text]
  • Reopening the Public Forum--From Sidewalks to Cyberspace
    01O STATE LAW JOURNAL Volume 58, Number 5, 1998 Reopening the Public Forum-From Sidewalks to Cyberspace STEVEN G. GEY* The publicforum doctrine has been afxture offree speech law since the beginning of the modem era of First Amendment jurisprudence. The doctrine serves several functions. It is a metaphorical reference point for the strong protection offree speech everywhere, and it provides specific rules protecting free speech in public places. In this Article, Professor Gey reviews the development of the public forum doctrine. Professor Gey argues that serious problems have developed within the doctrine in recent times due to the Supreme Court's refusal to extend the fidl protection of the doctrine to new forwms that do not resemble the parks and sidewalks of the traditionalpublic forum cases. Professor Gey then reviews Justice Kennedy's recent contributions to the debate over the public forum doctrine, in which Justice Kennedy advocates erpanding the protective scope of the doctrine. Professor Gey draws on Kennedy's suggestions to propose a reinterpretationof public forum doctrine. Under this reinterpretation, the First Amendment would protect speech in a public space unless the speech would significantly interfere with the government's noncommunicative activities in that space. Professor Gey also argues that the reinterpreteddoctrine should extend beyond physical spaces to cover "metaphysical"forums, including any government property that provides an instrunentalty of communication. In the final sections of the Article, Professor Gey considers the application of his theory to two new, "metaphysical"forums: government subsidy programs and government access to the Internet. In many respects, the story of the First Amendment is the story of the public forum doctrine.
    [Show full text]
  • Power Distance in Mormon Culture
    Brigham Young University BYU ScholarsArchive Theses and Dissertations 2015-03-01 Power Distance in Mormon Culture Sara Isabel Lee Brigham Young University - Provo Follow this and additional works at: https://scholarsarchive.byu.edu/etd Part of the Communication Commons BYU ScholarsArchive Citation Lee, Sara Isabel, "Power Distance in Mormon Culture" (2015). Theses and Dissertations. 4413. https://scholarsarchive.byu.edu/etd/4413 This Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Power Distance in Mormon Culture Sara Isabel Lee A thesis submitted to the faculty of Brigham Young University in partial fulfillment of the requirements for the degree of Master of Arts Loy Clark Callahan, Chair Robert Irwin Wakefield Thomas Eugene Robinson School of Communications Brigham Young University March 2015 Copyright © 2015 Sara Isabel Lee All Rights Reserved ABSTRACT Power Distance in Mormon Culture Sara Isabel Lee School of Communications, BYU Master of Arts Religion consists of humanity’s beliefs, cultural systems, and worldviews of existence (Geertz, 1973). Its function is not merely a system of symbols that people act according to, but also the establishment of powerful, pervasive motivations in the society. This study intends to analyze the connection of religion and culture by using one of Hofstede’s cultural dimensions, power distance (the extent of how power is accepted and expected to be distributed in the society). In this analysis, the researcher investigated the PDI (Power Distance Index) within the Utah Mormon culture.
    [Show full text]
  • Sample Formal Report
    BNL- 112464-2016-CP Transparency in Civilian Nuclear Endeavors Katherine M. Bachner Presented at the 57th Institute of Nuclear Materials Management (INMM) Annual Meeting Atlanta, Georgia July 2016 Department/Division/Office Brookhaven National Laboratory U.S. Department of Energy NA-24, NA-241 Notice: This manuscript has been authored by employees of Brookhaven Science Associates, LLC under Contract No. DE-SC0012704 with the U.S. Department of Energy. The publisher by accepting the manuscript for publication acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable, world-wide license to publish or reproduce the published form of this manuscript, or allow others to do so, for United States Government purposes. 3.0/3913e011.doc 1 (11/2015) DISCLAIMER This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, nor any of their contractors, subcontractors, or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third party’s use or the results of such use of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof or its contractors or subcontractors. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.
    [Show full text]
  • The Pay Equity Dilemma Women Face Around the World
    University of Central Florida STARS Honors Undergraduate Theses UCF Theses and Dissertations 2018 The Pay Equity Dilemma Women Face Around The World Lana D. McMurray University of Central Florida Part of the Business Administration, Management, and Operations Commons Find similar works at: https://stars.library.ucf.edu/honorstheses University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by the UCF Theses and Dissertations at STARS. It has been accepted for inclusion in Honors Undergraduate Theses by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation McMurray, Lana D., "The Pay Equity Dilemma Women Face Around The World" (2018). Honors Undergraduate Theses. 372. https://stars.library.ucf.edu/honorstheses/372 THE PAY EQUITY DILEMMA WOMEN FACE AROUND THE WORLD by LANA D MCMURRAY A thesis submitted in partial fulfillment of the requirements for the Honors in the Major Program in Marketing in the College of Business and in the Burnett Honors College at the University of Central Florida Orlando, Florida Summer Term, 2018 Thesis Chair: Muge Yayla-Kullu, PhD ABSTRACT In this research, I examine the pay equity dilemma women face around the world and how it is different in various regions of the world. My research question focuses on “how a nation’s cultural characteristics affect pay equity?” It is already documented that men are paid more than women. The goal of this study is to explain how individual characteristics of national culture (such as masculinity, individualism, power distance, and uncertainty avoidance) impacts this inequality.
    [Show full text]
  • An Investigation of Power Distance Value and Endorsement of the Great Man Theory Through American Social Identities
    Antioch University AURA - Antioch University Repository and Archive Student & Alumni Scholarship, including Dissertations & Theses Dissertations & Theses 2019 United I Stand: An Investigation of Power Distance Value and Endorsement of the Great Man Theory Through American Social Identities Jeffrey M. Girton Antioch University - PhD Program in Leadership and Change Follow this and additional works at: https://aura.antioch.edu/etds Part of the American Studies Commons, Leadership Studies Commons, Management Sciences and Quantitative Methods Commons, Organizational Behavior and Theory Commons, Organization Development Commons, Quantitative, Qualitative, Comparative, and Historical Methodologies Commons, and the Sociology of Culture Commons Recommended Citation Girton, Jeffrey M., "United I Stand: An Investigation of Power Distance Value and Endorsement of the Great Man Theory Through American Social Identities" (2019). Dissertations & Theses. 523. https://aura.antioch.edu/etds/523 This Dissertation is brought to you for free and open access by the Student & Alumni Scholarship, including Dissertations & Theses at AURA - Antioch University Repository and Archive. It has been accepted for inclusion in Dissertations & Theses by an authorized administrator of AURA - Antioch University Repository and Archive. For more information, please contact [email protected], [email protected]. United I Stand: An Investigation of Power Distance Value and Endorsement of the Great Man Theory Through American Social Identities Jeffrey M. Girton ORCID Scholar ID# 0000-0003-1446-591X A Dissertation Submitted to the PhD in Leadership and Change Program of Antioch University in partial fulfillment for the degree of Doctor of Philosophy August 2019 This dissertation has been approved in partial fulfillment of the requirements for the degree of PhD in Leadership and Change, Graduate School of Leadership and Change, Antioch University.
    [Show full text]
  • The Confirmation of Betsy Devos: Polarization, Populism, and Moral Foundations in U.S
    James Madison University JMU Scholarly Commons Masters Theses The Graduate School Spring 2018 The confirmation of Betsy DeVos: Polarization, populism, and moral foundations in U.S. political rhetoric Jacob William Wrasse Follow this and additional works at: https://commons.lib.jmu.edu/master201019 Part of the Social Influence and Political Communication Commons Recommended Citation Wrasse, Jacob William, "The onfirc mation of Betsy DeVos: Polarization, populism, and moral foundations in U.S. political rhetoric" (2018). Masters Theses. 566. https://commons.lib.jmu.edu/master201019/566 This Thesis is brought to you for free and open access by the The Graduate School at JMU Scholarly Commons. It has been accepted for inclusion in Masters Theses by an authorized administrator of JMU Scholarly Commons. For more information, please contact [email protected]. The Confirmation of Betsy DeVos: Polarization, Populism, and Moral Foundations in U.S. Political Rhetoric Jacob William Wrasse A thesis submitted to the Graduate Faculty of JAMES MADISON UNIVERSITY In Partial Fulfillment of the Requirements for the degree of Master of Arts School of Communication Studies May 2018 FACULTY COMMITTEE: Committee Chair: Dr. Dan Schill Committee Members: Dr. Susan Opt Dr. Lars Kristiansen Acknowledgements I want to begin by thanking my thesis director, Dr. Dan Schill, for his help on this project and the vice presidential debate paper that we published together. Dan, your mentorship and guidance have helped me mature as a researcher and an observer of political communication. Additionally, I wanted to thank my committee members, Drs. Susan Opt and Lars Kristiansen, for their guidance and insight as I drafted this thesis.
    [Show full text]
  • Power Distance in S§3Ss Workplaces
    Power Distance in S§3ss Workplaces By Samantha Hickey National College of Ireland June 2007 lOarcode No:£r?oo&D(&<+i6 fDewey No :&<><p -4oC ' pate Input : °\ P ric e : ------ Table of Contents « ^ smuotum*» --------------------------------------------- njaWMAlCOtlifiL- o f mtw Acknowledgements: 3 Introduction: 4-5 Chapter 2 - Literature Review 6 Introduction: 7 W hat is culture? 8 The Significance of Culture for Organisations: 9 How Cultures Vary: 10 Different Cultural Orientations in Societies: 11 Hostede’s Dimensions of National Culture: 12 The Concept of Power Distance: 13 More Equal than Others: 14 Factors Influencing the Hierarchical Relationship: 15 The origins of Power Distances: 16-18 Measuring Power Distance: 19 Power Distance Index: 20 How Low and High Power Societies Differ: 21 Criticism of Hofstede’s Work: 22 1 What happens in Multi Cultural Societies: 22 Case Studies: 23-24 A Twenty First Century View: 25 Some Tips for Cross Cultural Relationships: 26 Conclusion: 27 Chapter 3: Research Methodologies Hypothesis 28-29 Research Aims & Objectives: 3 0 -3 1 Research Methodology: 32- 39 Research Findings: 40-49 Conclusion: 50-51 Bibliography: 5 2 -5 3 Appendices: 5 4 -5 5 2 Acknowledgements I’d like to thank Denise and for being a vital connection for me throughout and to my classmates for the lively debates. To my supervisor Fabian for his thoughtful and clever suggestions and T.J. for giving me all the information and support I could want. To my international colleagues and friends in particular Claire Rog, Katarina, Mila, Sophie, Sarah, Sinead, Sophie and Victor for your inspiring insights and encouragement.
    [Show full text]
  • The First Amendment Structure for Speakers and Speech
    RHODES (DO NOT DELETE) 4/2/2014 12:09 PM The First Amendment Structure for Speakers and Speech Charles W. “Rocky” Rhodes* ABSTRACT A noticeable trend in the Roberts Court’s free speech decisions is heightened attention to the dimensions of the First Amendment. From holding false factual statements, violent video games, and animal cruelty depictions are covered by the First Amendment, to determining that a legislator’s vote, the government’s acceptance of a monument, and a law school’s refusal to allow access to military recruiters are not, the Court has highlighted the importance of evaluating both the scope of the First Amendment and the appropriate attribution of communicative efforts. But the Court has failed to announce an overarching structural framework for resolving these prefatory coverage and attribution issues, instead compartmentalizing speech and speaker concerns into separate doctrinal strands. This Article illustrates the interrelationship of these speech and speaker issues and their amenability to a structural framework based upon historical traditions and contemporary communicative utility. Linguistic communications presumptively fall within First Amendment coverage except when historically treated as outside the guarantee’s scope or when traditionally viewed as attributable to the government or polity. The presumption, though, is reversed for nonlinguistic communicative attempts; founding-era traditions indicating the form’s predominant expressiveness are necessary to presume coverage. Yet even communicative efforts outside the First Amendment’s presumptive scope may be covered based on contemporary insights regarding the expressive value of the *Vinson & Elkins LLP Research Professor & Professor of Law, South Texas College of Law. An earlier version of this Article was presented at the 2013 Freedom of Expression Scholars Conference hosted by the Information Society Project at Yale Law School.
    [Show full text]
  • First Amendment
    FIRST AMENDMENT RELIGION AND FREE EXPRESSION CONTENTS Page Religion ....................................................................................................................................... 1063 An Overview ....................................................................................................................... 1063 Scholarly Commentary ................................................................................................ 1064 Court Tests Applied to Legislation Affecting Religion ............................................. 1066 Government Neutrality in Religious Disputes ......................................................... 1070 Establishment of Religion .................................................................................................. 1072 Financial Assistance to Church-Related Institutions ............................................... 1073 Governmental Encouragement of Religion in Public Schools: Released Time ...... 1093 Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading ..................................................................................................................... 1094 Governmental Encouragement of Religion in Public Schools: Curriculum Restriction ................................................................................................................ 1098 Access of Religious Groups to Public Property ......................................................... 1098 Tax Exemptions of Religious Property .....................................................................
    [Show full text]
  • Hofstede's 5 Dimensions Power Distance
    HOFSTEDE’S 5 DIMENSIONS POWER DISTANCE (The degree to which power differentials within society and organizations are accepted.) Large Power Distance societies are characterized by: • centralized authority • autocratic leadership • paternalistic management style • many hierarchical levels • large number of supervisory staff • acceptance that power has its privileges • an expectation of inequality and power differences Small Power Distance societies are characterized by: • decentralized authority and decision making responsibility • consultative or participative management style • flat organizational structures • small proportion of supervisory staff • lack of acceptance and questioning of authority • rights consciousness • tendency toward egalitarianism UNCERTAINTY AVOIDANCE (The degree to which members of a society are able to cope with the uncertainty of the future without experiencing undue stress. According to Hofstede & Bond, 1988, this is a uniquely Western value.) Weak UA characterized by: • risk taking • tolerance of differing behaviors and opinions • flexibility • organizations with a relatively low degree of structure and few rules, promotions based on merit Strong UA characterized by: • avoidance of risk • organizations that have clearly delineated structures, many written rules, standardized procedures, promotions based on seniority or age • lack of tolerance for deviants • strong need for consensus • need for predictability hence, planning is important • respect for authority INDIVIDUALISM - COLLECTIVISM INDIVIDUALISTIC CULTURES
    [Show full text]
  • Power Distance Orientation, Gender, and Evaluation of Transformational and Transactional Leaders
    POWER DISTANCE ORIENTATION, GENDER, AND EVALUATION OF TRANSFORMATIONAL AND TRANSACTIONAL LEADERS A thesis submitted for the degree of doctor of philosophy By Suzan Naser Brunel Business School Brunel University 2015 Suzan Naser Power Distance Orientation, Gender, and Evaluation of Transformational i and Transactional Leaders i ABSTRACT Women all over the world are still having difficulties in occupying leadership positions. People perceive males as being highly qualified and likely to be considered as leaders. Females are less likely to be perceived as leaders and to be less effective in carrying it out. There are different leadership theories but the most studied and popular one nowadays is the transformational and transactional model. Female leaders are said to use a leadership behavior based on interpersonal relationships and sharing of power and information, the behavior which is usually associated with the style of leadership known as transformational. Male leaders have been found to influence performance by using rewards and punishment, the behavior mainly associated with the style of leaders known as transactional. The individuals, who work for leaders, are called followers. How followers view the magnitude of difference in power between themselves and their leaders is called a power distance orientation. The purpose of this study was to evaluate transformational and transactional leadership with a gendered and culturally appropriate lens, particularly, to extend the research on gender, leadership and culture area in an Arab Middle East context where little research has been done. This study was guided by two research questions; the first one examining the interaction effect of the participant’s power distance orientation and the leader’s gender on the participant’s perception of the transformational leader; the second one examining the interaction effect of the participant’s power distance orientation and the leader’s gender on the participant’s perception of the transactional leader.
    [Show full text]