POSC 130g 1st Edition Lecture 19 Current Lecture Symbolic Speech mixture of action and speech if government is regulating activity to express speech that is unconstitutional If the government is doing something but incidentally limits free speech but protecting than it is okay This is the O Brien speech Panhandling Does the first amendment include the right to beg Helen Hershkoff and Adam Cohen 1991 Zoning Policies Warth v Seldin 1975 issue of standing and whether people have standing to bring a lawsuit New York was going to build low income housing and the Supreme Court ruled these people couldn t challenge the policy because even if New York let low income housing be built it wasn t certain someone would actually build it If the court s judgment couldn t address the problem its not allowed Spallone v US 1990 there was a court order to build low cost housing but the city kept delaying and saying they couldn t do it Eventually the District Court that ordered this imposed fines on the city and the city council for not building low cost housing that would be multiracial It went to the Supreme Court and should have had the city pay up before they had individuals pay up Starett City affirmative action for whites the whites would move out of complex therefore they limited the number of minorities who could live in a housing project Tipping phenomenonway to achieve social justice and low cost housing some would argue Future Policies What public policies should be adopted to address economic justice Which economic rights should be afforded protection The Politics of Culture What rights do ethnic minorities and indigenous peoples possess What public policies should protect their rights Competing Models Model of forced Assimilation melting pot should everyone conform Model of Accommodation salad bowl can everyone be different Illustration of Culture Conflict Kirpan cases People v Singh 1987 Sikh priest in subway someone who had taken ahmat was on a subway and police approached him and told him he was in violation of a city ordinance You aren t allowed to have a blade unexposed or exposed in public He was arrested and when he was arrested he argued that his right to religious freedom allows him to wear the Kirpan Matter of law made him lost right to religious freedom does not give the right to wear the Kirpan The judge understand that he was wearing a religious symbol and dismissed the case It would be against justice to go on with the prosecution even though technically he could have convicted him If Mr Singh were to come in the court again he won t be so lenient Having a knife out isn t okay Cheema v Thompson 1996 Sikh children wearing kirpan school board had a no weapon policy Families said they were required by their religion to wear it It went to the 9 th Circuit but the kids had to go to school Therefore the kirpan had to be glued or sewed inside the sheets so it couldn t be removed People who had religious symbols had to be allowed to go to school Multani v Commission scolaire Marguerite Bourgeoys 2006 Supreme Court of Canada Dress Codes and Grooming Policies Domino s Pizza Inc v Prabhjot S Kohli 1997 Sikh Kesh beard Snood he said he was willing to wear a hairnet and a snood to cover the facial hair Dominos pizza said that they did research that people don t like to buy pizza from people with beards They tried to accommodate for this and gave him another position but not the manager It was a civil rights case and he won Yet the money he got was less than what he owed the lawyers Customer service shouldn t be allowed to decide how companies treat people After the litigation Dominos changed their policy so that they had a beard policy that allowed people to have beards Yet they said it wasn t in response of the case Definition of Culture High culture elitist forms of culture museums plays Mass popular culture things on the internet magazines Traditional culture way of life value system worldview Passover April Fool s Day Culture as a contested concept Problem of essentializing always people in a group who deviate from the custom not everyone should be characterized the same way the problem is one might start to treat everyone the same way though people are different Static or dynamic treats cultural activity as if it stays the same and is static But in reality it is dynamic Who defines it Who says what is part of the culture Is it the men or women or professors or what Implications of hegemony the notion that people in power have the ability to define certain ways of doing things for the rest of us there is a concern for concentrated power and that the elites will manipulate cultural forms to control and oppress people Scholarship on culture Murdock s Outline of Cultural Materials part of the Human Relation Area Files Folklore Child s Ballad Index Aarne Thompson Tale Type Index Thompson Motif Index of Folk Literature dance art Wolfgang Mieder proverb scholarship filed of paremiology The concept of enculturation Enculturation versus acculturation Law should take account for culture everyone is socialized and born into a culture socialization affects perception and behavior Enculturation is something everyone is subject to Acculturation is a different term and refers to when people move between cultures and must learn a different culture that person might become assimilated but not necessarily Examples numbers colors gestures Legal treatment of culture Criminal law Should culture be influenced in the court or is it irrelevant Phases pre trial guilt sentencing could be used in those stages for culture Motive intent cultural argument goes to motive but not intent Intent means that you intend to give an act that the law defines as a crime but the motive isn t relevant to the analysis You have to have the intent and commit the act it is hard to get cultural evidence in court Complete or partial excuse mitigate the events and reduce the punishment or excuse because of culture Homocide Trujillo Garcia v Rowland 1992 men playing poker man lost and gave the other man the money the man went home but then got mad and wanted his money back The man said something to the other man about his mother and something very offensive Garcia kills him by shooting him Garcia said he was provoked and he argued that he should be prosecuted for manslaughter not murder Murder requires meditation but he said he lost control and killed him Can words provoke people Would that saying provoke a reasonable person You