Media Coverage of the U.S. Supreme Court: How Do Journalists Assess the Importance of Court Decisions?

Agenda-setting theory is central to understanding the connection between media and American government. Indeed, legislative and executive branches of American government are often characterized by their publicity-seeking behavior. This is not true of the judicial branch. However, the importance of media coverage is magnified for the United States Supreme Court because, lacking the public affairs mechanisms of the other two branches, the Court is dependent on media dissemination of information about its decisions. Despite this important role, little is known about what attracts media to cover Supreme Court cases. We ask what case characteristics attract media attention. We examine the effect of case variables on general media coverage of Court decisions (a concept we call “newsworthiness,” measured by whether mention of a given case decision appears on the front page of the New York Times) and on inclusion of a case on a list of legally significant cases over time (a concept we call “legal salience,” measured by the appearance of a case in the Congressional Quarterly's Guide to the Supreme Court). Examining cases over a 54-year period, we identify characteristics of cases appearing in either the New York Times or the CQ Guide or both. We conclude media news values may not always lead to coverage of the most legally salient cases, but some overlap indicates several cues used to judge immediate newsworthiness of cases stand the retrospective evaluation of legal significance.

[Supplementary material is available for this article. Go to the publisher's online edition of Political Communication for the following free supplemental resources: issue area matrices and predicted probabilities of case characteristics.]     

Terrorism and Human Rights: A Defence Lawyer's Perspective

ABSTRACT

The author of this article is one of the attorneys appointed to represent Zacarias Moussaoui in the United States. Mr. Moussaoui is the only person facing criminal charges for alleged involvement in the September 11 plot. The author describes the system of government in the United States with a specific emphasis on several terrorism cases pending in the United States. He seeks to assure the readers that the rule of law is paramount in the United States. Recent decisions of the Supreme Court—in the Hamdi and Guantanamo cases—that confirm the constitutional rights of even the most dedicated enemies of the United States, which decisions post-date this submission, only affirm the writer's theme.     

How Expected Political and Legal Impact Drive Media Coverage of Supreme Court Cases

Media coverage of Supreme Court decisions is not well-understood, with studies typically focusing on features of decisions such as issue area and opinion authorship, and ignoring the political and legal importance of those decisions. Because the Court is both secretive and esoteric, and because it does not engage in traditional public relations activities, media must proxy importance by looking to available cues, such as interest group participation. Importantly, some indicators of importance are available before a decision is rendered; thus I examine both pre- and post-decision media coverage of cases. I show that expected legal and political impact drive media coverage of Court decisions, and that the decision-level features that prior studies have focused on are much less important in determining coverage than has been previously thought.     

Resistance and reform: discourses on marital law in Japan*

This article examines opinions concerning fūfubessei (a married couple retaining their birth surnames) posted on an online forum. Recently, the topic of fūfubessei has once again come under a spotlight, since the Japanese Supreme Court upheld the constitutionality of the Civil Code Article 750, which stipulates that a married couple must choose either the husband's or wife's surname upon marriage registration. Owing to the large number of women forfeiting their surnames, the fūfubessei issue has often been researched from feminist perspectives, which may have hindered the voices of others. This article analyzes, using text mining (quantitative analysis) and discourse analysis (qualitative analysis), a large number of opinions from people of various cultural backgrounds. The results of this study reveal a diversity of beliefs and attitudes towards Article 750, reflecting the complexity of the issue. In general, proponents of reform claim the law violates equality, rights and liberty. From opponents there was a strong push to conform rather than to recognize a need for individual choice. Moreover, the many personal narratives provided insight into issues on the ground and revealed how many in Japanese society have dealt with the law, social pressure and social expectations and why they have followed the path they have chosen.     

Recognition,diplomacy, and international law: The curious case of the United States and China

Political necessity required President Jimmy Carter to terminate, effective 1 January 1980, the 1954 Mutual Defense Treaty between the United States and the Republic of China (Taiwan). Prior to the effective termination date, the President's action was challenged by Senator Barry Goldwater who sought to prevent termination of the Mutual Defense Treaty unless and until the Senate, or the whole Congress, gave its consent. Neither the United States Constitution nor the historical record could provide clear guidance on the proper means to terminate a treaty. Recognizing the unavoidable interrelationship between diplomacy and domestic‐as well as international‐law, the United States Supreme Court dismissed the case of Goldwater v. Carter as a political question best resolved by the two political branches of government involved. In taking this action, the Court was able to preserve its image of objectivity while implicitly supporting the President's action.     

Speech Rights in America: The First Amendment,Democracy, and the Media,by Laura Stein Beyond the First Amendment: The Politics of Free Speech and Pluralism,by Samuel P. Nelson

In this article, we develop and test an economic theory of Supreme Court news. We hypothesize that information about the Third Branch is newsworthy when it has lower production costs and qualities attractive to the audiences and advertisers desired by news organizations. We examine Supreme Court news in elite newspapers, television news broadcasts, and online news sources during the October 2008 and 2010 terms. The results of our quantitative analyses indicate that all three types of news outlets are more likely to provide content about Supreme Court decisions with substantive importance but vary in their responses to costs and qualities appealing to the lay audience. We conclude by discussing the similarities and differences among news outlets with regard to their selection of Supreme Court information as news content.     

Democracy and ‘punitive populism’: exploring the Supreme Court's role in El Salvador

El Salvador is characterized by the sad record of having one of the highest degrees of violence and crime in Latin America. Recent governments have tried to fight it with programmes called ‘mano dura’ or ‘super-mano dura’ with measures and practices that have often violated human rights and judicial guarantees. This paper aims to explore the Supreme Court's role in the application of these policies by the Salvadoran government. We discovered that the highest court in this country supports this kind of policies termed by some analysts ‘policies of punitive populism’. In this sense, the Constitutional Chamber acted in contrast to what is required by democratic theory. The paper proceeds as follows: in the first part we analyse the theoretical framework of public safety policies and frame the Salvadoran case. In the second part, we explore the Supreme Court cases that support (or not) these policies, examining the performance of the court in relation to these cases. The last part is a summary of our evidence.     

Corporate Ownership and News Bias Revisited: Newspaper Coverage of the Supreme Court’s Citizens United Ruling

The clear financial benefits accrued to owners of television stations as a result of the Citizens United v. Federal Elections Commission (FEC) decision opens the door to an important question: Did the degree to which media corporations benefited from the changes in campaign finance law influence their news outlets’ coverage of the Citizens United decision? In other words, is it possible to identify variation in how media outlets covered the Supreme Court decision that correlates with the degree to which those outlets’ parent companies profited from the resulting increase in campaign spending? Answering this question will provide an important and much-too-uncommon opportunity to systematically test for bias in news coverage. Replicating the method used by Gilens and Hertzman (2000) in their own test of coverage of the 1996 Telecommunications Act, this analysis reveals that newspapers belonging to media corporations that own more television stations covered the Citizens United ruling systematically differently—and more favorably—than those with few or no television stations. This has important implications for the degree to which the news produced by increasingly conglomerated and corporatized media companies may eschew neutral or balanced coverage in favor of news frames that promote their own financial interests.     

How the court made a federation of the EU

We analyze the European institutional integration that took place in the 1950s and 1960s as a two-stage process. Firstly, an explicitly political project aims at establishing a European political community. The project is abandoned in the mid-1950s and political integration stops. At that time, the institutions of the Union take the form of a confederation. In a second stage, because of the failure of the European political community, a legal process of integration driven by the European Court of Justice takes place. This second stage of unification is more centralizing and in effect leads to a federalization of the European institutional structure. The transformation of the political structure of the European Union thus appears to result from the actions and decisions of a legal entity, the European Court of Justice.      

Visual representation,editorial power,and the dual ‘othering’ of black men in the South African gay press: The case of Gay Pages

Abstract

This article considers some of the ways in which black gay men are marginalised within the queer community and have limited ‘visibility’ in mainstream queer visual culture. The formation of a minority within a minority (or the ‘other’ Other) is ultimately what the article sets out to expose. Thus, we argue that images of black gay men are far less ubiquitous than, for example, those of white, male and middle-class gay men. In order to illustrate this, a purposive sample from the South African gay men's lifestyle magazine Gay Pages is considered and critiqued. We argue that the visual mode of Gay Pages gives the impression of promoting a hegemonic gay male identity. This identity appears to be ‘natural’, but is in fact one-sided and stereotypical, as are most cultural constructions and representations. The narrow and limited representation of gay men endorses an exclusive, homogenous and inaccurate portrait of the queer constituency (in the minds of heterosexual and gay South Africans alike) and suggests the question that leads this investigation: If ‘belonging’ is articulated through the consumption of queer culture, what then of those queers who do not fit the ‘mould’ standardised by mainstream gay print media? This exploration of queer visual media deals not only with that which is frequently represented (white homomasculinity), but also, more significantly, with that which is not (black homomasculinity).     

Counter-terrorism and communities: an interview with Robert Lambert

The targeted sanctions adopted by the UN Security Council against individuals and entities suspected of association with terrorism are managed through procedures that infringe fundamental human rights, and there are no mechanisms for actual accountability. With the exception of the ECJ in Kadi, municipal and regional courts tend to consider the UN Security Council's resolutions and domestic measures implementing them outside the scope of judicial review. This article argues that the Security Council is bound to observe human rights even in the context of international security action, and that States are not exonerated from international responsibility for violations committed under the umbrella of Chapter VII resolutions.     

British colonialism and the criminalization of homosexuality

What explains the global variation in laws criminalizing homosexual conduct? Recent research has claimed that British colonialism is largely responsible for the criminalization of homosexuality around the world. This article utilizes a newly constructed dataset that includes up-to-date data on 185 countries to assess this claim. We find that British colonies are much more likely to have criminalization of homosexual conduct laws than other colonies or other states in general. This result holds after controlling for other variables that might be expected to influence the likelihood of repressive lesbian, gay, bisexual and transgender (LGBT) rights legislation. However, we also find that the evidence in favour of the claim that British imperialism ‘poisoned’ societies against homosexuality is weak. British colonies do not systematically take longer to decriminalize homosexual conduct than other European colonies.     

Quiet diplomacy in a television era: The media and U.S. policy toward the republic of Korea

This study examines the role of television coverage in U.S. policy toward South Korea, focusing on the May 1980 Kwangji incident and the subsequent visit of South Korean president Chun Doo Hwan to the White House in February of 1981. It explores these two episodes in the context of major dimensions of U.S. policy toward Korea and the themes developed through sporadic, low‐level coverage of Korea by mainstream American media over the years. The analysis underscores the political impact of television's dramatic visual focus, its use of consistent visual images, its expansion of the geopolitical scope of the policy process, and its personalization of policy. The dramatically different public interpretations of the Kwangju incident and Chun visit in Korea versus the United States suggests that President Reagan's first major state visit, during which he declared that his administration would pursue “quiet diplomacy” on human rights in Korea, while successful within the United States and in the short term, was damaging over the long term.     

Malay press and Malay politics: The Hertogh Riots in Singapore

During the morning of Monday 11 December rioting began outside the Supreme Court of Singapore, where a largely Moslem crowd had gathered to hear the court’s decision in a case where the custody of a young Dutch girl, Maria Hertogh, was being contested. This riot was the first and only one of its kind directed against the British and Eurasians in Singapore by the Malay-Moslem community. Both the violence itself, as well as the circumstances which precipitated this Moslem protest, became the focus of a tangle of cultures and religions which aroused worldwide interest. The riot was considered to be the fault of the British colonial authorities, who had been guilty of racial and religious discrimination, and seen as an indication of anti-colonial feeling among the people of Singapore. The events in Singapore also aroused strong feelings of anger among the Malay political parties who felt that the Moslem religion had been humiliated by the judgement of the Singapore Supreme Court. As a result, British rule in its predominantly Moslem colonies, already under threat from the various pressures for decolonisation, faced a further challenge. Despite the significant impact which the Moslem riots had both in Singapore and elsewhere, they have understandably been overshadowed by the more systematic and enduring violence emanating from another quarter, the Communist presence in Malaya. This study therefore sets out to understand inter-racial problems after the Second World War which was also related to problems relating to security, religious and inter-racial relationship. During the war period social and racial relationship seemed to be tied closely due to the suffering and the majority of the people were trying to help each other however after the war when everybody were liberated, political and racial relationship seemed to be divided and fragmented.

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Ethnosexual frontiers in queer Tokyo: the production of racialised desire in Japan

Recent years have seen a worrying rise in anti-Korean and anti-Chinese xenophobia in Japan. This xenophobia has pervaded many aspects of Japanese society, and the gay male community in Tokyo's Shinjuku Ni-chōme is no exception. Drawing upon an ethnographic study of Ni-chōme and interviews conducted with Japanese, Chinese and South Korean men, this article utilises Nagel's theory of the ethnosexual frontier to examine how certain racial identities are rendered illegitimate in Ni-chōme. I argue that the stratification of Ni-chōme into spaces where only certain ‘racialised desires’ (minzokuteki na seiyoku) are legitimated reflects broader ideologies of racial identity that circulate throughout Japanese society. I discuss how Chinese and South Korean men understand themselves as ‘ethnosexual sojourners’ who visit Japan to form long-lasting romantic relationships with Japanese men, striving to adopt Japanese ethnosexual mores. I juxtapose the Chinese and South Korean men's narratives with the voices of Japanese gay men who ambivalently position Chinese and South Korean tourists as a threat to the status quo of the Japanese gay sub-culture. I suggest that these men draw upon neo-colonial discourses of China and South Korea as ‘backward’, which circulate throughout wider Japanese society to position Chinese and South Korean men as ‘ethnosexual invaders’.     

The Agenda-Setting Impact of Major Presidential TV Addresses

New media dramatically increase citizens' access to information and decrease governments' ability to control the flow of communication. Although human rights nongovernmental organizations have advocated that access to independent news media will improve government respect for human rights, recent empirical studies have shown this is not always the case. We posit that media independence and the presence or absence of democratic characteristics, in particular political competition, have substantial effects on government repression because these factors determine the degree to which the government is vulnerable to public pressures. The model developed here includes three equations that encompass the impact of interaction between and among the news media, citizens, and government. The first equation specifies the influences on the news media's decision whether or not to perform a “watchdog” role regarding government repression. The second equation represents public reaction to the news media's coverage of government repression (i.e., protest). Here access to news media via traditional and new media is an important factor. The third equation represents government repression. Solutions to the system of equations are derived for four scenarios (a) Democracy and media independence are both present, (b) democracy is present but media independence is absent, (c) democracy is absent (autocracy) and media independence is present, and (d) democracy is absent (autocracy) and media independence is absent. We then consider interesting properties of the anticipated behavior from the government, media, and general public through case illustrations for the Netherlands and Myanmar/Burma.

[Supplementary material is available for this article. Go to the publisher's online edition of Political Communication for the following free supplemental resource: two additional case illustrations (Tanzania and Brazil).]     

Suid-Afrikaanse “alternatiewe” rolprente en die Suid-Afrikaanse sosio-politieke werklikheid (Deel 2)

SUMMARY

Due to rapid social, economic and political change, many aspects of the traditional male sex role have been rendered increasingly dysfunctional and obsolete. This has led to a period of destabilisation in traditional gender roles and relationships, prompting sex role strain and a contemporary ‘crisis of masculinity’. This alleged crisis has given rise to renewed interest in the male sex role, providing the impetus for a new field of study in the eighties known as Men's Studies. This article examines the underlying assumptions of the so-called crisis of masculinity theory, and the factors that have precipitated this alleged crisis, namely the rise of feminism and the women's movement, the gay liberation movement, the declining emotional and mental health of men, and the rise of the mass media and popular culture.     

Judgement without justice: on the efficacy of the European human rights regime

The European Court of Human Rights (ECtHR) is widely regarded as the most important human rights court worldwide. This article investigates the extent to which the court addresses cases from countries with the worst human rights performance. Using a new data set on all ECtHR judgments from 1995–2012, the analysis suggests that the ECtHR does not deliver its judgments against members of the Council of Europe with the worst human rights records, but instead against more democratic and affluent states. The reason is that litigating in front of a supranational court requires capacities that vulnerable people are unlikely to possess, except when aided by transnational advocacy groups. However, more judgements are issued against countries that lack independent judiciaries, where cases are less likely to be resolved at the domestic level. While the ECtHR might not address the worst human rights crimes, it plays a subsidiary role in the European human rights protection system by compensating for weak domestic judiciaries. However, the court's inability to independently pursue litigation, together with the lack of capacity in some countries to bring cases forward, have hampered more effective protection of human rights for the most vulnerable in Europe.