The Newsworthiness of U.S. Supreme Court Criminal Procedure Cases (1994–2010 Terms)

Abstract

This study examines elite ( New York Times and Washington Post) and populace ( USA Today) media decisions to cover and to intensively cover U.S. Supreme Court outcomes in criminal procedure cases decided in the 1994 through 2010 terms. Two central constructs—case salience and decisional case complexity—are developed as a framework within which to understand media decisions. Case salience is conceptualized both in terms of contextual case salience (measured as the number of amicus curiae briefs filed on the merits) and issue-based case salience (cases that concern the fourth and eighth amendments). Decisional case complexity is measured as the number of unique majority, concurring, and dissenting opinions published as part of the case decision. The study utilizes measures from the U.S. Supreme Court Database developed by Harold Spaeth, supplemented with primary data collection of media articles and amicus curiae briefs. The study finds that case salience measures are the most powerful predictor variables for the decision to publish in both elite and populace press. Case salience measures are also the most dominant set of variables in explaining overall intensity of coverage in populace press. Decisional case complexity is the most important explanatory predictor of overall intensity of coverage in elite press. Theoretical and practical implications of the findings are discussed.