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.