Final Exam

• • Decisions like these have resulted in some calling for an end to judicial review. Two things explain why judicial review survives:

. First, the Court does not use it excessively. Second, when it does declare a law unconstitutional, it is usually because the president and the Congress no longer support a law.

• This has been dubbed the CNN effect:

CNN had a very important place on cable news ecosystem, and when they covered something everyone would watch it and have people talk about it o Even if you are for or against what they were talking about, you were still talking about it purported ability of TV to raise a foreign tragedy to national prominence by broadcasting vivid pictures. EX: 1980's devastating Ethiopian famine failed to gain U.S. attention until television broadcasted heartrending footage into pub. Living rooms. - once paying attention ppl. Demanded a U.S. gov. response. • Can't change the direction, but can change the relative salience (importance of the issue) • The media sets the agenda, even if they do not determine how the issues are resolved. • Independent impact of the media has been exaggerated; astute gov. officials use the media to place problems on the national and international agendas.

• Judicial restraint:

Doctrine that says courts should, if at all possible, rule narrowly and avoid overturning a prior court decision.

• Judicial Activism:

Doctrine that says the principle of stare decisis should sometimes be sacrificed in order to adapt the Constitution to changing conditions.

• "Inadvertent audience:"

Early days- people watched the news because it was the only thing on.

Fairness doctrine:

FCC regulation, enforced between 1949 and 1987, that required stations to air contrasting viewpoints on matters of public importance and to give public figures who had been criticized on any of the station's programs a free opportunity to reply.

CHAPTER 15 - The Courts. federal judges are appointed for how long? they are driven by ___. it asserts its power to judge through ___. if decisions are too controversial they may be (3).

Federal judges are appointed for life subject to good behavior as a way of insulating them from politics. While they are not required to do so, they tend to be guided by stare decisis or the precedents, which, helps insure legal stability. Early on the Supreme Court asserted its power to judge the constitutionality of laws through judicial review. The courts, however, are not totally insulated from politics. Politics enters into the selection of federal judges. Court decisions tend to reinforce prevailing public opinion. If the decisions are considered too controversial they may be challenged by an amendment to the Constitution (in constitutional interpretation cases), by a revision of a statute (in statutory interpretation cases), or politicians may merely refuse to enforce them.

what is called a dissenting opinion.

Justices who do not vote with the majority also write a minority opinion and may also explain their reasoning in

This is called a concurring opinion.

Justices who vote with the majority may write an individual opinion explaining how their reasoning differed with that expressed in the majority opinion.

Criminal Code:

Laws regulating relations between individuals and society. The government prosecutes alleged violators. If convicted, the criminal owes debt to society, not just the injured party. • Same action can simultaneously be a violation of both criminal and civil codes. EX: OJ Simpson trial, found not guilty of criminal charges, ex-wife's relatives filed civil charges, alleging that the families should be compensated for pain and suffering caused by wrongful death. The plaintiffs were able to secure a guilty verdict in the civil suit and a monetary reward.

Civil code:

Laws that regulate the legal rights and obligations of citizens with regard to one another. Alleged violators are sued by presumed victims, who ask courts to award damages and otherwise offer relief for injuries they claim to have suffered. EX: if your landlord violates your lease by failing to heat your apartment, you can act as plaintiff and sue, asking for monetary damages and a guarantee that this won't happen in the future. Can't be imprisoned for violating this code.

• The primary reason there are minimal media effects if because of_____.

Selective Perception People were receptive to what they already believed and screened out what they didn't. • • Later studies on television showed various effects.

Lochner v. New York (1905).

The Court refused to allow states to regulate working conditions in certain establishments, in this case, a bakery. The decision was subsequently overruled. Court said that the state of NY didn't have the right to regulate the number of hours the bakers worked, b/c to do so would deprived them of the "right" to work as long and as hard as they desired. Today it is accepted that Gov. can regulate working conditions.

A. State Trial Courts: (3). there are two sides: _ and _

The Judicial Workhorses • Most cases are decided at the very first tier, the trial court, where, as the name suggests, all trials in the state courts are held. • In trials, there are two sides: the plaintiff- the party bringing the complaint, or suit, and the defendant, the party accused of violating the civil or criminal code, against whom the complaint is made. • Trials settle alleged violations of civil and criminal codes.

• "minimal effects school":

The People's Choice tracked reactions to the 1940 presidential campaign as it progressed in Erie Country, Ohio. Found that most people wound up voting for the same candidate they had favored before the campaign began, initial "undecided" could have been based on voters' social and demographic characteristic, and # of actually conversions was relatively small. This became the dominant view of media effects.

• The licensing system-Radio Act of 1927

The Radio Act of 1927 created by the Federal Radio Commission- power to issue licenses that gave an individual or group the exclusive right to broadcast on a particular frequency.

C. Judicial Review in Practice • Three times the Supreme Court created constitutional crises by defying the declared will of Congress and the president.

The first was the Dred Scott v. Sandford 1857,declaring the Missouri Compromise (1820) unconstitutional. This decision convinced Northerners that slavery would be extended throughout the Union and for Southerners it helped justify secession. Scott had no right to sue and that Congress had no right to prohibit slavery in the territories.

o Original-intent theory:

Theory of constitutional interpretation that determines the constitutionality of a law by ascertaining the intentions of those who wrote and ratified the constitution. This original intent is found by studying historical documents.

- "Borking"-

To defeat a judicial nomination through a concerted attack on the nominee's character, background and philosophy.

CHAPTER 16 - Civil Liberties

Until the ratification of the Fourteenth Amendment, civil rights was pretty much a dead letter. In the 1920s, the Supreme Court for the first time applied a portion of the First Amendment to the states. In spite of James Madison's fears of the tyranny of the majority, the Court usually follows public opinion which is a reflection of the opinion of the majority. Particularly during war time, the Court had allowed restrictions on freedom of speech and the press. Following the rejection of McCarthyism by politicians, however, the Court began to treat free speech as a fundamental freedom. Freedom of religion is covered in two clauses of the First Amendment: the establishment clause and the free exercise clause. The former has resulted in a wall of separation between church and state. The latter has been used at times to exempt religious groups from government regulation. In the 1960s, the Warren Court expanded the rights of the accused. In the decades that followed, public concern shifted to a concern for law and order. Although the Court backtracked somewhat, it has refused to outright overrule many of the Warren Court decisions. Although not explicitly mentioned in the Constitution, the Supreme Court, relying on the Ninth Amendment, has recognized the right of privacy. Like other rights, it is not absolute.

o NLRB v. Jones & Laughlin Steel Co. (1937):

With the National Labor Relations Act of 1935, Congress determined that labor- management disputes were directly related to the flow of interstate commerce and, thus, could be regulated by the national government. In this case, the National Labor Relations Board charged the Jones & Laughlin Steel Co. with discriminating against employees who were union members. The Act was consistent with the Commerce clause.

• Sound bite:

a piece of film or video that shows a candidate speaking in his or her own words, avg. lasted 42 seconds (1968), 10 sec. (1988), 7.8 sec. (2004).

• • Today, Newspapers and Mags.

about 11,000 newspapers and 12,000 periodicals are published. Many newspapers and newsweeklies maintain their own Washington bureaus and send reporters all over the world. Smaller cities rely on news services like the Associated Press.

• • The most important modern trends in the newspaper industry

are the declines in the number, and the independence, of papers. Most cities are now served by one or two newspapers, and chains gobble up independent newspapers. Gannett owns more than 90 papers. • • Some worry that the print media in particular and the mass media in general are becoming increasingly homogeneous.

A. Agenda-Setting: (2)

first major crack in the "minimal effects." • The media affect the issues and problems people think about, even if the media do not determine what positions people adopt. • • One researcher concluded that while media may not tell people what to think, they could tell people what to think about. - CNN Effect

• McCulloch vs. Maryland: Decision (1819)

in which the Supreme Court first used judicial review to declare state law unconstitutional.

o Living-constitution theory:

judge the constitutionality of laws in light of the entire history of the United States as a nation. The idea with this method is to keep the Constitution current or allow it to adapt to modern circumstances. o Justice William Brennan believed justices are "bound by a larger constitutional duty to the community... to point toward a different path." EX: his belief that the death penalty violates the 8th amendment's prohibition of "cruel and unusual punishment," despite evidence that the founders didn't oppose capital punishment. o "Active Liberty": Justice Stephen Breyer believes judges should interpret the Constitution in such a way as to promote "the people's constitution right to an active and constant participation in collective power." o Justice Antonin Scalia advocates that his constitution "is not living, it is dead."

o Plain-meaning-of-the-text theory:

judges should be guided by exactly what the words used in the Constitution obviously seem to say. They shouldn't judge them off of founder's intentions or someone else's vague understanding of American historical experience. o Advantages: suggests the courts should be cautious in the scope of their decisions and shouldn't go beyond the printed words of the Constitution. Doesn't require extensive inquiry into debates undertaken in the distant past. o There are advantages and disadvantages to each method of interpretation.

Equal-time rule:

licensing condition promulgated by the FCC requiring any station that gave or sold time to a legally qualified candidate for public office to make equal time available to all such candidates on equal terms.

• Senatorial courtesy,

long-standing agreements among senators, applies in some cases. Almost always, presidents nominate federal judges who are members of the same political party as themselves. Although uncommon, the Senate does reject some nominees, usually due to some financial or personal problem uncovered during the Senate confirmation process. Although judges can be impeached, it is very rare.

Both the Internet and cable television have added

many new voices to the political debate, and allowed for greater competition among news outlets.

of Schechter Poultry Corporation v. United States (1935).

o A third instance is the case....... The Court ruled, among other things, that Congress had exceeded its constitutional authority to regulate the selling of chickens since what it regulated was intrastate not interstate commerce. This fine distinction between intrastate and interstate commerce was later overruled.

1. Approaches to Constitutional Interpretation (3)

o Original-intent theory o Living-constitution theory: o Plain-meaning-of-the-text theory:

• Double jeopardy:

placing someone on trial for the same crime twice. Forbidden by the 5th amendment. Something similar to this can occur if a person is tried in both federal and state courts.

IV. Media Biases (3)

selection bias professional bias ideological bias

• The importance of advertising-

selling commercial time to advertisers, audience size determined advertisers rates.

C. Radio and Television • • The use of radio flourished after the end of World War I. During the 1920s, several developments in radio were critical to its future importance:

the licensing system the importance of advertisement the emergence of national networks

• • After the Civil War,

the press became more independent of political parties. The emphasis in the late 1800s was sensationalism, sometimes called "yellow journalism". The great chains—Hearst (New York Journal), Pulitzer (New York World), Scripps, and others—were formed around the turn of the century. New York world and journal- discussed coverage to events in cuba, claiming the Spanish saboterus blown up the U.S Maine. Partisanship of newspapers declined, journalists became more professional. • • Inexpensive magazines that were aimed at the newly educated middle-class also made their appearance. Ppl. Began to participate more in politics.

Chapter 9 OUTLINE I. Development of the Mass Media • • The term "mass media" refers what was the first technology able to reach masses?

to means of communication that are technologically capable of reaching many people and are economically affordable to most. • Printing press = first technology able to reach masses.

• Brief=

written legal arguments presented to a court by lawyers on behalf of clients.

VI. Litigation as a Political Strategy (2)

• - The Courts have increasingly been used by advocacy groups to place issues on the political agenda, particularly when elected officials have not responded to group demands. • - Advocacy groups can file class action lawsuits on behalf of all individuals in a particular class, even if they are not actually involved in the suit. This keeps each and every individual similarly situated from having to sue to receive compensation.

B. Statutory Revision

• A Supreme Court interpretation of a statute can be modified by revising the statute.

A. Constitutional Amendment

• A Supreme Court interpretation of the Constitution can be overruled by amending the Constitution. This was done with the eleventh (a citizen of one state cannot sue another state without the state's consent) and sixteenth amendments (making income taxes constitutional). Due to the difficulty in amending the Constitution, some consider this the weakest check on the Court.

C. Prosecuting State Cases

• After they receive info from the police about criminal wrongdoing, prosecutors in the office of the local district attorney -person responsible for prosecuting criminal cases- determines whether the evidence is strong enough to justify asking a grand jury to indict, or bring charges against, the suspect. • In large cities- the district attorney has enormous responsibility. • Many prosecutors earn recognition that wins them election or appointment to the judiciary.

C. Non-implementation

• Court decisions can be checked simply by being ignored. Though unlikely today, presidents can ignore Court decisions. Strong resistance to lower- court decisions by state and local governments is not unknown. • To ensure implementation of judicial orders, courts sometimes appoint a receiver, an official who has the authority to see that judicial orders are carried out.

C. The Presidential Debates. watching verse listening

• First presidential debate was held in 1960 campaign b/w Nixon and Kennedy. • If you listened to the debate you found Nixon more favorable, if you watched it you found Kennedy more favorable. • • Moreover, there are indications that performance in the debates can sway the undecided voter. EX: in 1984 Pres. Reagan appeared tired and confused in the debate with Walter Mondale, which raised the issue of his age resulting with a slight drop in the polls. • • The first question the media raise about debates is "who won?" If a candidate has misspoken, that often becomes the subject of a feeding frenzy. EX: 2004 election: with polls showing that the percent of Americans were still undecided between John Kerry and George Bush, their respective performances in the three debates agreed upon some contend may have ultimately decided their fate in the elections.

F. Relations between State and Federal Courts

• For the first few decades under the Constitution, the relationship between state and federal legal and judicial systems remained vague. Then in 1816, the Supreme Court ruled that it had the power to review and, if necessary, to overturn the decisions of state courts.

III. Media Effects (4)

• In the 1940's many observers viewed the potential of radio as a great dangers to democratic politics, coincided with the rise of Fascism in Europe. Label given to this school of thought was the "hypodermic model": the capacity of the media to put ideas into people's heads was seen as direct and powerful, it was almost like injecting drugs into a person's bloodstream. • • Early studies done on the effects of mass media on people's opinions tended to show that Americans were remarkably resistant to attempts to change their views. A. Agenda-Setting B. Priming and Framing C. Socialization D. How Strong is the Media?

A. Tenure and Salary (4)

• Interest groups and politicians place great weight on each new appointee to the nation's highest court. B/c two fundamental characteristics of the Fed. Judiciary: its independence from other political institutions and its singular and long-established power to say what the constitution means. • Federal courts are independent from Congress and the Pres. Because of constitutional guarantees of life tenure and stable salaries. • The framers of the Constitution believed the appointment of federal judges for life tenure (or good behavior) was essential to the system of separation of powers. The Constitution further protects judicial independence by fixing judicial salaries. • The only way Cong. can remove a Fed. Judge is through impeachment. • Cong. May increase Fed. Judge salaries, but they can't lower them.

B. Priming and Framing

• Large shifts in public opinion. • ___________: the media changing the standard that citizens use to evaluate their leader. • ___________: "the way in which opinions about an issue can be altered by emphasizing or deemphasizing particular facets." • EX: Pres. George W. Bush enjoyed Inc. popularity ratings after 9/11 attacks, but during the the war in Iraq media coverage dwelt in the administration failings -inability to find supposed "weapons of mass destruction"- ratings dropped. • • Media may also be responsible for directing the public to think along certain lines such as evaluating a president based on a particular issue. • This is called priming, and is similar to the idea of framing discussed in Chapter 5: explained that Americans tend to shift their opinions on abortion depending on how pollsters frame the question. Framing can mold how public thinks about issues. EX: 2010 Deepwater Horizon oil spill can be framed multiple ways: 1) as a failure of Gov. to respond adequately to a disaster; 2) failure of company to act responsibly in guarding against mistakes.

F. The Role of Law Clerks

• Law Clerks: Young, influential aid to Supreme Court justice. • Much of the day-to-day work of the Supreme Court is conducted by each justice's clerks. • Each has between two and four clerks, who have usually clerked for a lower court judge. Some claim that the real decisions of the Supreme Court are made by the clerks; others view clerks as better at deciding cases than insulated justices. The truth probably lies between these two views.

E. New Media (4)

• Media that has grown out of the technological advances of the past few decades. • Major examples of new media include: cable and satellite television, the fax, email, DVDs, and the Internet. -New media expands the range of options available to media consumers in the United States. • Declining newspaper circulation

H. Voting on the Supreme Court

• One study found that information about the political views of a justice going through confirmation allowed a correct prediction as to how the justice would later decide cases over 60 percent of the time in the area of civil liberties.

B. Emphasis on Conflict (2)

• Politicians who make the kind of inflammatory remarks the media love and they get convenient sound bites and attention, but when issues are discussed in detail in a civil manner the media can lose interest. • • The media emphasizes conflict, name-calling, and the like over thoughtful, intelligent discussion.

B. The Politics of Selecting Judges. Texas municipal judges are?

• State courts are in a position to be significantly influenced by politics because of the way judges are selected. In 39 of the 50 states, at least some judges are elected. • In NY, trial court judges are elected, but appellate judges are appointed, GA- process is reversed. In TX, municipal judges are appointed by city Gov., but all other judges are elected in partisan races. • B/c the public knows very little about most judges, most judicial campaigns "are sedate and cordial" and voter turnout is low.

D. Selection of Federal Judges

• The Constitution states that federal judges shall hold their offices during good behavior, which is understood to be a life term. Presidents nominate federal judges, the Senate gives or withholds consent, and the president appoints if the Senate consents.

• Marbury v. Madison

• The Supreme Court asserted its power to exercise judicial review for the first time in the 1803 case of Marbury v. Madison. The case came about when President John Adams appointed and confirmed 42 new justices of the peace for DC, one being William Marbury (a "midnight appointment"). • B/c it was done so hastily, no one in the outgoing administration had time to deliver official commissions to the appointees. • Thomas Jefferson, and Secretary of State James Madison, declined to do so, making it impossible for the appointees to take office. • According to the Judiciary Act of 1789, the jilted appointees could request a court order to force the Jeffersonians to grant the appointment. Furthermore, the act said the Supreme Court would have original jurisdiction in such cases—it would be the first and only court to which such cases would be brought. - William Marbury filed suit with the Supreme Court demanding Madison to grant him the job. • Marshall solved problem by asking question: Was the Supreme Court the proper place to address Marbury's complaint? His conclusion was that it was not. B/c the constitution granted the Supreme Court original jurisdiction only in "all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." • By giving the Court jurisdiction in the case of the secretary of state (who did not qualify as a "public minister" in the accepted sense of the term), Section 13 of the Judiciary Act of 1789 had violated the Constitution and was therefore void. • "Highest law of the land is the constitution"- Marshall

D. The Role of the Chief Justice (3)

• The U.S. Supreme Court consists of eight associate justices and one chief justice (Head of the Supreme Court.) • One special privilege of the chief justice is to assign the writing of the majority opinion if the chief justice voted with the majority. • They may also use their position to facilitate compromise and achieve consensus. EX: Brown v. Board of Education of Topeka, KA (1954), Chief Justice Earl Warren was able to win the support of two judges who were initially inclined to dissent.

A. The Politics of Supreme Court Appointments (3)

• The judicial system is supposed to be politically blind. Despite this ideal, however, the process by which justices are selected is a political one, and it has become more so in recent decades. • Justices are nominated by the president, evaluated by the Senate Judiciary Committee, and confirmed by a vote of the full Senate. The Court's chief justice must also be appointed by this manner. • B/c of this procedure, elected officials, as well as interest groups, and the media have a voice in choosing members of the Court.

VII. Media Coverage of Government (4). what does it emphasis on?

• The media views much of what government does as dull, and as a result, it goes looking for what is less dull. Emphasis on President (other Personalities) Emphasis on Conflict Emphasis on the Negative The Response: Exaggerated Concern w/ Press

D. Statutory Interpretation

• This is the judicial act of interpreting and applying the laws of Congress and state, rather than the Constitution, to specific cases. • EX: 1970, Congress passed the Clean Air Act, which gave the Environment Protection Agency the power to regulate automobile emissions that "may reasonably be anticipated to endanger public health and welfare." - in 2007 the Supreme Court interpreted that law as granting the agency the authority to regulate carbon dioxide emissions b/c of their harmful effect on the global climate, even though the immediate aim of the law had been to restrict more localized air pollution.

C. Specialized Courts

• Two trial courts have national wide jurisdiction over specialized issues that to not fall within the purview of the Fed. District court. The Court of International Trade handles cases concerning international trade and customs. The Court of Federal Claims hears suits concerning federal contracts, money damages against the United States, and other issues involving the federal government. Appeals from these cases go to the appeals court for the federal circuit covering the entire United States.

Now a days, ppl. watch news...

• With more options, people watch political news if they want too. Avg. age of person watching = 62. Younger generation shunning news. Leads to smaller number of better informed political activists, with Americans in general being less knowledgeable about politics. • Controversial characteristic= they have decentralized the ownership and control of media.

. Newspapers and Magazines 1865-1920. What three things did newspapers emphasize? how was the penny press different from old partisan press?

• • As readership expanded, newspapers changed. emphasized three things: 1) local news, 2) focused on sensationalism, and 3) began including the human-interest story. They were still intensely partisan. • The Gazette of the United States- Federalist paper (Alexander Hamilton), The National Gazette- Dem. Rep. paper (Thomas Jefferson). • Penny press= very different from old partisan press, paid through advertisement, independent from parties, didn't take orders from a party leader.

D. Prospects for Change (3)

• • As the network system declines, more independent stations begin operation, and the news media continue to advance, we may see the development of numerous specialized informational channels that reflect values different from the entertainment values that have shaped the modern mass media. • • Selection biases might gradually become undermined by technological change. • "the purpose of the media is not to educate, but to make an impression on ppl."

A. District Courts (4)

• • Congress first created district courts in 1789. -There are 94 U.S. district courts today. They represent the lowest tier of federal courts. Most federal cases begin and end here. • These courts are the trial courts for the federal system. • • During these trials there is a plaintiff and a defendant, covering criminal law and civil law. EX: 2010, former Illinois governor Rob Blagojevich appeared in federal district court to face charges that he had abused the powers of his office by using a vacant Senate seat as a political bargaining chip.

VI. The Media and Electoral Politics A. Campaign Coverage (5). they provide too much info on __ and not enough on ___. they treat elections like ___. orchestra pit theory

• • Critics charge the media with providing far too much coverage of candidate personalities and not enough of the issues. Media devotes too much time to "character issues" that have little to do with the ability of the candidates to govern. EX: press dwells on whether Obama is too aloof or whether John McCain is too hot-tempered. • In recent years, the media has increasingly treated elections as horse races, with an emphasis on who is winning and who is losing. • Another important characteristic of TV election coverage= the extent to which it centers on the reporter rather than the candidate. • Candidates= also critical of the media and have now done things to get around the contemporary media. Appear on TV programs, YouTube videos... etc. • Roger Ailes is credited with the "Orchestra Pit Theory" regarding sensationalist political coverage in the news media, which originated with his quip. EX: If you have two guys on a stage and one guy says, 'I have a solution to the Middle East problem,' and the other guy falls in the orchestra pit, who do you think is going to be on the evening news?

D. How Strong are Media Effects? (7)

• • Effects such as agenda-setting, priming, and framing depend on both the characteristics of the audience and the nature of the information. • Uninterested/uninformed = more susceptible to agenda setting • Independents: concerns shift from one issue to another with the intensity of media coverage.) • Partisans: inclined to think in terms of issues at the core of their party's concerns. • Characteristic of info communicated= as important as characteristic of people receiving it. When problem is far away, media provides info that is available. Media influence diminishes when info closer to home and ppl. Have personal bias for arriving opinions. EX: reporters predicting Obama winning the NH pimary media more likely to convince out of state people of this, less likely to sway NH voters, most of whom had already made up minds and thought about race before Obama's January wave. • The media can have a major impact on public opinion, but whether they do depends on both whom they are reaching and what they are covering. • Live in a world with many diff. media sources telling many diff. stories. Voters may therefore receive a variety of "frames" that may cancel each other out, change over time, or may diminish as ppl. Talk with their community about the news.

• 3. Radio (4). why did it remain so popular?

• • First music video aired on MTV- "Video killed the Radio Star." • With the development of television, radio quickly lost the dominant position it had in American life in the 1930s and 1940s.Yet radio continues to be a popular medium from which many Americans get a good deal of their news. • One of the most noteworthy trends in American media over the last two decades has been the growth of talk radio. FCC's decision in 1987 to repeal fairness doctrine: radio stations no longer had to provide free airtime to anyone who had been attacked on a particular program. RESULT: talk radio boomed. -"shock jocks"(entertains listeners or attracts attention using humor and/or melodramatic exaggeration that a notable portion of the listening audience may find offensive. ) talk show- Dominate figure in radio= Howard Stern, Rush Limbaugh. • Remained so popular because it is well adapted to consumers' needs.

C. Emphasis on the Negative (2)

• • From the media's standpoint, what government does well is less newsworthy than what government does badly. • They have been portraying gov. more negatively than they did generations ago.

D. Officials Response: Exaggerated Concern with the Press (2) presidents are more concerned with the ___ than the public

• • Government officials have become more concerned with the press than with the voters. • EX: "When the berlin wall went up in1961, Pres. Kennedy was on vacation. For six days no one pressed him hard for a reaction. If that had happened now, Pres. Obama would have three seconds." - historian Michael Bechloss.

C. Ideological Bias

• • Is there a liberal media bias? Liberal viewpoints are over-represented among practicing journalists, but do these journalists let their views bias their reporting? It is a fact that the endorsements of today's newspapers seem to be disproportionately Republican whereas in the past it seemed to be disproportionately liberal and Democratic. • • There is not much evidence of a significant liberal or conservative bias in media coverage of politics. • • Some studies have concluded that the media are harder on Republicans, but other studies have shown just the opposite. • • One researcher concluded that the media are harder on incumbents than challengers. • • The fact that the media are business enterprises pulls them in a conservative direction. This is especially true as it pertains to the very affluent owners of CNN and FOX, Ted Turner and Rupert Murdoch. • • The CBS "letter" of 2004 example will continue to provide fuel to the "liberal" tag of the media. In September 2004, CBS News and its venerable anchor Dan Rather suffered a major blow to their credibility, admitting they were duped by the source of a story purporting to show that George W. Bush was given favored treatment in avoiding the draft during the Vietnam War in the 1970s.

• 4. Magazines. top magazines?

• • Magazines are increasingly marginal as a source of news. Top mags= AARP the magazine, Reader's digest, and Better Homes and Gardens.

C. Socialization

• • Many critics say that the media distorts reality and how children view the world.

V. A Word about Entertainment Media

• • Much of what are generally thought of as entertainment media—movies, situation comedies, detective shows, soap operas—may also contain material that has significant political implications. Over the last 20 years, for example, American attitudes toward homosexuality have become significantly more tolerant and even approving, in ways that have important consequences for such issues as gay rights and same-sex marriage. And while this change has probably taken place for a number of reasons, one major source has almost certainly been the way that gay and lesbian characters are portrayed in movies and on television. Another EX: war movies about WWII- used to portray U.S. as good guys, not movies depict them strikingly critical of the U.S.

A. Selection Bias

• • Selection bias refers to what the media presents as news. • Selection principle: Guidelines according to which stories with certain characteristics are chosen over stories without those certain characteristics. • One type of selection principle/bias is a bias toward the negative in the media. One political scientist argues that the negative tone of the media has become much more prominent in recent decades. Others observe that this has contributed to increasing voter cynicism. • Roosevelt - Kennedy= "lapdog" mentality, Johnson and Nixon= "watchdog" mentality (far greater scrutiny by press), succeeding president suffer mean treatments from press with "junkyard dog" mentality. • • Another selection bias is what constitutes news. "News" must be new, exciting and unusual. • Events and crises, heroes and villains, dramatic events, colorful personalities, and sound bites all make better news than their counterpoints. "If it bleeds, it leads." • EX: 2010 Nashville flood killing 30 ppl. And destroying homes, National media largely ignored that story because focused more on story of an attempted car bombing in time square. "if this [flood] had happened in another week, it would have been the flavor du jour."

B. The Conventions (2)

• • Since the primary process for nominating candidates was instituted in 1972, the conventions are not nearly as important as in earlier eras, and media coverage has dropped accordingly. • • Consequently, the parties now treat the conventions as huge infomercials, with the networks providing less coverage. In 2000, MTV provided more coverage than the three networks combined.

B. Professional Bias

• • Some journalists work a particular "beat" - business reporters, education reporters, health reporters, Supreme Court reporter... etc.-, but most are generalists who lack specific substantive expertise. • . Then, too, there is the pressure of ratings in television news; News media has an increased emphasis on a mixture of news and entertainment. • The lack of internal expertise and the competitive pressure for ratings contribute to what is called "pack journalism," wherein reporters unanimously decide something is the big story and attack it like wolves tearing apart their prey or sharks engaging in a feeding frenzy.

G. Supreme Court Decision Making

• • Supreme Court sessions begin on the first Monday in October. Prior to deciding a case, the justices can read the lawyers' written briefs detailing their arguments. • The justices then listen to the oral arguments of the lawyers before a plenary session -activities of a court in which all judges participate; in the case of the Supreme Court, the chief justice presides- of the Court. • The justices will later discuss the case in a private conference. It is here that the will (if there is one) of the majority becomes known. If the chief justice is not in the majority, the most senior justice writes the majority opinion -in legal parlance, a court's written explanation of its decision- or assigns it to someone else. • • Whoever writes the opinion circulates drafts to all the justices, and it is not unusual for an opinion to go through several drafts. Some authoring justices have, at this stage, "lost a court"; that is, they worded the opinion in such a way that one or more justices change their minds. • Concurring opinion •dissenting opinion • • Once a decision has been reached by the Court, it usually sends or remands the case to a lower court to determine the best way of implementing the higher court's decision.

E. Deciding to Prosecute

• • Suspected violations of federal law are usually investigated by the Federal Bureau of Investigation, which gives the evidence to prosecutors in the office of a U.S attorney, who is responsible for the prosecuting violations of the federal criminal code. If persuaded that the prosecution is warranted, a U.S. attorney asks a grand jury to indict the suspect. • Appointed by pres. And confirmed by senate, the 93 U.S. attorneys act as the gov.'s chief litigators. • • U.S. attorneys hold a particularly high political profile. They usualy share the president's party affiliation. They leave the more routine cases to state officials, focusing instead on highly-visible, attention grabbing activities. If they are particularly successful, they may become candidates for higher office.

II. What Information Sources Do Americans Rely On? (5)- ("Halo effect")

• • Television is the dominant provider of information in American society, and its dominance is increasing as the electronic media progress and expand. Internet = second most commonly mentioned. • • However, while there is no doubt that the television is on a lot in the typical American household, in many cases, no one is paying much attention to it. People are cleaning or cooking or doing their homework—and the TV is little more than background noise. • • Also, there is also a fair amount of evidence to indicate that even when people do watch television news, they do not retain or remember much of what they see. • Bud Roper- suggests "halo effect" causing ppl. To overestimate TV importance as a source of news. Reinforced by the fact that TV clearly did play an important role in informing the public about cetain landmarks moments in America- JFK assassination, 9/11, start of Iraq War, Katrina. • Media focusing on "soft news" items and less on "hard news" like budget negotiations or international affairs.

B. Appeals Courts (3)

• • The Fed. District courts are organized into 13 circuits: including 11 regional circuits, one for Washington, D.C. and a federal circuit court hearing specialized cases over the entire United States. • Circuit court of appeals: Court to which decisions by federal district courts are appealed. • • At each court three judges sit to hear cases although in exceptional cases, all the judges working at a circuit hear a case in what is called a plenary session. • They do not accept new evidence or witnesses. The Supreme Court can pick them up, but for the most part appeals-court decisions are final.

E. The Role of the Solicitor General

• • The Solicitor General is the Gov. official who is responsible for presenting before the courts the position of the presidential administration. They are the government's lawyer before the Supreme Court. Involvement of the solicitor general is a signal that the president and the attorney general have strong views on the subject. • Because the Supreme Court pays strict attention to the Solicitor General, the officer is sometimes referred to as the Tenth Justice. • • Although selected by the president, the Solicitor General is an employee of the Justice Department. • In important cases the solicitor general may submit a Amicus Curiae briefs"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest." are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits.

• 2. Newspapers (3)

• • The development of television, along with a number of other trends in American life, has had a major impact on newspapers. First, there has been a marked decline in the number of cities with more than one newspaper. • Response to declining profits- papers have dec. the number of pages printed, laid off staff, and reined in more expensive aspects of news-gathering - such as international or investigative reporting. • Another important change affecting newspapers has been the spread of chain ownership. Increasingly, the nation's newspapers are owned by companies that also own a sizable number of newspapers in cities across the country. EX: Gannett Company, owns USA Today, 83 other newspapers, and 23 TV stations.

A. The Partisan Press and the Penny Press (2)

• • The first daily newspaper -the Boston News-letter- in America was published in 1704. Prior to this, mostly weeklies were published. Some were affiliated with a political party. • • The rise of the penny press, which were newspapers selling for a penny in 1830's, marks the birth of the media in America.

A. Emphasis on the President (and Other Personalities)

• • The media pay more attention to the president than to Congress. He is one person and has personality and character. • Pres. receives the lion's share of the evening news coverage. • • By focusing on personalities, the media encourages individualism and discourages teamwork. EX: pg. 267 • Promote individuals to "hog the ball"

B. Judicial Review (4)

• • This is the power of the courts to declare laws of Congress and of state legislature they find unconstitutional to be null and void. -The Constitution does not explicitly mention this power. • Can be exercised by any court, federal or state, but all lower court decisions are subject to review by the Supreme Court. • "The people can change Congress, but only God can change the Supreme Court."- George W. Norris.

B. Stare Decisis: "Let the decision stand.." (3)

• • This means that the Court will follow precedents (earlier decisions) when deciding similar cases. • • By doing so, the Court creates stability in the legal system. When the Court does deviate from an earlier decision, it tries to do so by recognizing a legal distinction: the legal difference between the earlier case and the case at hand. • • If the legal distinctions drawn by a lower court seem unconvincing to the losing side, it may appeal the case/decision to a higher court. If the higher court thinks the lower court has strayed too far from legal precedents, it can order a reversal, the overturning of a lower- court decision.

C. Certs

• • Today nearly all cases argued before the Supreme Court get there upon the grant of cert, which is a shorthand for the Latin phrase writ of certiorari: a document issued by the Supreme Court indicating that the court will review a decision made by a lower court. • This means "to be informed"; if four Justices vote cert the case will be sent up from the lower court so the Supreme Court can be informed of it. • • There are about 8,000 to 10,000 cert requests a year, but the Court only grants a small fraction; 2009-2010 term only 77 cases were decided. • Petition for Writ of Certiorari certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.

D. The Contemporary Scene • 1. Television (4). what were the three large networks?

• • Today, the term "mass media" is used almost synonymously with television. -There are more than 1500 television stations in the United States and about 99 percent of all households have at least one television set, with an average of 3 per household. -The industry was organized under three large networks: NBC, CBS, and ABC. • • Cable television began to expand in the 1980s. Today, 9 out of 10 houses have cable. Prime time network programming has lost more than a quarter of its audience to cable stations, mainly FOX, CNN, MSNBC, leading some scholars to suggest that the United States is in transition from an era of broadcasting to an era of narrowcasting.

I. State Courts. structure. first american courts were___. decisions of state surpeme court may be appealed by ____.

- Every state has its own judicial arrangements, but in most the basic structure has three tiers: trial courts, courts appeals, and a court of last resort usually called the states supreme court. - First American courts were state courts. - Decisions of state supreme courts may be appealed to the fed. Supreme Court if the case involves a federal statute or an interpretation of the Federal Constitution. EX: Bush vs. Gore- grew out of 2000 pres. Election was first decided in favor of Bush in a state trial court, then decided in favor of Gore by the state supreme court, and finally decided in favor of Bush by the U.S Supreme Court.

II. An Independent and Powerful Federal Judiciary

- Federal judges are appointed under Article III of the Constitution by the President of the United States with the advice and need Senate Confirmation. They are appointed for life, during good behavior, and can only be removed through the impeachment process.

IV. The Supreme Court (8)

- In its 2009-2010 terms, the Supreme Court issued full opinions in only 77 cases. Still, its decisions provide the framework for the country's entire judicial system. A. The Politics of Supreme Court Appointments B. Stare Decisis: "Let the decision stand.." C. Certs D. The Role of the Chief Justice E. The Role of the Solicitor General F. The Role of Law Clerks G. Supreme Court Decision Making H. Voting on the Supreme Court

V. Checks on Court Power (3)

- Other branches of government can alter or circumscribe court decisions. • The Texas Courts A. Constitutional Amendment B. Statutory Revision C. Non-implementation

III. The Federal Court System

- The Supreme Court is the linchpin of the national court system, but the lower courts are where most of the day-to-day work of the federal judicial branch is carried out.

How will the Internet and new media change politics? (3)

- changes in fundraising: Internet donations - the newly-important role of blogs: Fact- check official statements and candidate pronouncements, sometimes uncovering embarrassing mistakes or misleading claims that can sink a candidacy or policy proposal. • Although the Internet still lags behind television in terms of where Americans get their news, we may see this change in the near future.

Internet= (2)

- especially democratic, anyone can create their own website and it offers cheap. - most of the time free information (similar to penny press).

• The emergence of national networks. first major network

- problem: what should they broadcast if they want to attract and retain a large audience?—most important solution= creation of national networks. First major network= National Broadcasting Corporation (NBC, 1926), then United independent Broadcasters (CBS in 1927), then in 1943 ABC. • • With the advent of radio it became clear that, in theory at least, it was possible to send pictures as well as sounds over the airwaves. In 1949 only 6% of Americans owned televisions; by 1959 90% of Americans owned television.

• "muckraking"

- publishing articles exposing political malfeasance and business abuses, played an important role in Progressive movement. (Lincoln Steffens and Ida Tarbell = famous).

b/c of competition, media outlets resort to (3)

- sensationalism and politicized perspectives to attract a large # of consumers. - However, the competition in cable news should not be over-stated; many of the cable news outlets are owned by older, established news organizations. - internet = a "vital aspect of campaign strategy."