A CONTENT ANALYSIS OF EDITORIAL REGIONALISM IN THE 1960s: MIDSIZE NEWSPAPER COVERAGE OF NEW YORK TIMES V. SULLIVAN ( ) Jeffrey B.

Transcription

1 A CONTENT ANALYSIS OF EDITORIAL REGIONALISM IN THE 1960s: MIDSIZE NEWSPAPER COVERAGE OF NEW YORK TIMES V. SULLIVAN ( ) Jeffrey B. Hedrick A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY May 2006 Committee: John J. Makay, Advisor Steven O. Ludd Graduate Faculty Representative James C. Foust Victoria S. Ekstrand

2 2006 Jeffrey B. Hedrick All Rights Reserved

3 iii ABSTRACT Dr. John J. Makay, Advisor The journalistic issue addressed in this study is an ethical concern that editors were not providing detailed and unbiased accounts of a matter of public interest, that they were shaping the news by selectively omitting news content undesirable to the newspaper itself or its audience. The historical focus is the landmark 1960s precedent that strengthened freedom of the press: New York Times v. Sullivan. The study s purpose, to determine whether regionalism had any influence in the editorial handling of constitutional rights rulings such as the Sullivan case, was affirmed by correlations to differences in article frequency, placement, headline wording, source type, and use of wire service articles. The methodological approach relies on critical social theory to assess the content attributes of selected articles from four newsworthy Sullivan events collected from 29 Northern, 25 Southern and six national newspapers. The study reviews the legal aspects of the Sullivan case, while providing an overview of regional theory from political and sociological perspectives. A regional news model is proposed to rationalize the dynamics of the editorial decision-making process in midsize (25,000 to 100,000 circulation) daily newspapers, those that serve the majority of Americans, yet have been underrepresented in journalism studies. An analysis for regional differences between northern and southern midsize newspaper coverage of Sullivan, as well as between midsize and national newspapers, considers editorial handling as found in article frequency, origin (source), focus, type, placement, and size. Article size was found to be an insignificant factor between midsize

4 iv newspapers, while the nationals allotted more space to Sullivan coverage and offered more original editorials. The northern papers published more editorials than the southern, as well. The nationals used external sources such as wire news articles less often than midsizes. Regional differences between northern and southern newspapers in source handling of the same wire news story(s) were discovered, with article frequency and article placement found to be significant factors.

5 v ACKNOWLEDGMENTS I want to offer special thanks to Dr. John Makay and Dr. F. Dennis Hale, the two faculty members who served as my advisor and mentor during various stages of my graduate study at Bowling Green. I want to thank Michael McGill for unselfishly volunteering his time to serve a secondary coder when no one else seemed to care, along with my mother Mitsue Kawasaki for her patience and understanding of my returning to graduate study. I also want to thank the other members of my committee, in particular Victoria Ekstrand, for their devoted support at various stages during the research and development of my dissertation. I want to thank faculty members, staff, and students in the School of Communication Studies at Bowling Green State University, without whom I never would have finished this dissertation. Thanks to my previous advisers, Donn Silvis (CSU Dominguez Hills), Dr. Edward Trayes (Temple U.) and my close friend Dr. Bernie Ankney (Indiana U. of Pennsylvania) for their support, along with Baker University for hiring me, which provided an additional incentive to complete my research in a timely fashion. I also want to thank all the librarians and archivists who assisted me in my research road trips to acquire my sample copies, their assistance should not go unnoticed. This includes workers at the state archives in Mississippi, Alabama, Tennessee, Pennsylvania, New Jersey, Connecticut, and New York. Also of assistance were the workers in the microfiche areas of various university libraries, including BGSU, Rutgers, U. Tennessee, U. Delaware, Miss. St. U., Clemson, U. Alabama, Harvard, Auburn, and Mercer. Public librarians in Boston, Asheville, Greenville, and Bridgeport were of assistance as well.

6 vi TABLE OF CONTENTS Page CHAPTER I. INTRODUCTION AND STUDY BACKGROUND... 1 Study Description... 2 Justification for Sample Periods... 3 Research Questions... 4 Hypotheses... 5 Methodology... 6 Sampling Method... 6 Information Relevant to Sample Newspaper Collection... 7 Method of Analysis... 8 Limitations of Methodology... 9 Other Limitations of this Study Significance of Study Press Responsibility and Accountability Sample Focus: New York Times v. Sullivan Sample Significance to Regionalism Theoretical Significance of Regionalism Sample Newspapers The Importance of Community Community Usage: Process, Place, and Structure Modern Communities and Newspaper Use... 20

7 vii TABLE OF CONTENTS (cont.) Page Impact of Urbanization and Newspapers Community vs. City Newspapers Daily vs. Weekly Newspapers Freedom of the Press before Sullivan Role of News Media: Reporting Legal Affairs Summary of Chapter CHAPTER II. SULLIVAN, CIVIL RIGHTS, AND THE COURT Civil Rights Influence on Sullivan New York Times Involvement New York Times Retraction New York Times v. Sullivan and the Courts The Original Trial in Alabama Perceived Association: New York Times and Four Ministers Regional Bias as an Influential Factor Alabama Supreme Court Appeal Assessment of Alabama State Supreme Court The U.S. Supreme Court Appeal... 49

8 viii TABLE OF CONTENTS (cont.) Page Final Decision: Times-Sullivan Rationale Analysis of the U.S. Supreme Court Decision Times-Sullivan Ruling: Contributing Factors Constitutional Grounding: The Fourteenth Amendment Supreme Court Alternatives in Times v. Sullivan Impact of the Times-Sullivan Ruling Perceived Impact by Southern States Summary of the Impact: Press Media and Free Speech Times-Sullivan Ruling Case Overview Summary of Sullivan Decision and Case Review The Courts and Civil Rights The Civil Rights Movement Brown v. Board of Education (1954) Brown v. Board of Education and Newspapers The Significance of Brown Public Reaction to Brown in Alabama The Federation for Constitutional Government Mississippi State Sovereignty Commission The New York Times in 1960: Perceived Bias for Blacks... 64

9 ix TABLE OF CONTENTS (cont.) Page Profound Impact of the March 19 th Editorial Southern Attitude of Northern Media Significance of Southern Court Venue State vs. Federal Power Struggle The Fourteenth Amendment and Civil Rights The Fifteenth Amendment and Civil Rights Summary of Chapter CHAPTER III. REGIONALISM AND NEWSPAPERS Regional Differences Between North and South Regionalism Overview Political Perspectives of Regionalism Political Regional Culture Differences Political Party Shifting: Democratic-Republican Sociological Perspectives of Regionalism Identification of Study States in the South Sociological and Economic Perspectives of Regionalism Old South vs. New South: Odum s Distinctions... 87

10 x TABLE OF CONTENTS (cont.) Page Odum s Contribution to Social Regionialism Regionalism and Education: Effect on Newspapers Summary of the Relevance of Social Regionalism Newspapers, Culture, and Previous Studies News Content and Advertising Strategy Media Differences: What Separates The South The Typical Southern Daily in the 1960s: Pro-White Bias Previous Studies: Southern Newspapers Mississippi Press Coverage of Civil Rights Newspaper Coverage Differences: North versus South Regional Similarities in News Coverage Summary of Previous Newspaper Study Findings Newspapers and Editorial Decision-making Influences to the Editorial Process Reader Influences and Letters to the Editor Wire Service Agency Use Impact of the Supreme Court on Newspapers Critical Social Theory and Newspapers Dominant Influence of Newspapers

11 xi TABLE OF CONTENTS (cont.) Page Regionalism and Newspapers: Decision-Making News Determinants and Newsworthiness Regionalism and Editorial Policy Media Regionalism in Newspaper Policy The Regional News Model Summary of Chapter CHAPTER IV. METHODOLOGY Research Questions Hypotheses Sampling Procedures Article Selection Process Coding Procedures Intercoder Reliability Data Analysis Procedures Summary of Methodological Procedures

12 xii TABLE OF CONTENTS (cont.) Page CHAPTER V. STUDY FINDINGS National vs. Midsize Newspapers RQ1: National vs. Midsize Newspapers Basic Newspaper Differences: Article Source as Significant 133 Wire Service Article Use Significance of Article Categories RQ2: One National vs. Nationals, One Midsize vs. Midsizes Coverage of Sullivan in the Post, Times, and Tribune Other Nationals: Coverage Differences Noted Midsize Newspapers: Coverage Differences Noted Individual Differences: Minimal Coverage by Midsizes Northern vs. Southern Newspapers RQ3: Northern vs. Southern Newspapers Article Size Not Regionally Significant Regional Significance in Article Placement RQ4: Northern vs. Southern Newspapers H1, H Midsize Coverage and Regional Article Type Correlation Differences in Editorial Coverage of Incident D Wire Usage: Incident D Editorial Coverage H3 Editorial Bias: Headline Assessment of AP Marlow #

13 xiii TABLE OF CONTENTS (cont.) Page H3 Editorial Bias: Original Sullivan Commentary H3 Headline Assessment: AP Wire Consensus Article Conclusion: Midsize Reliance on News Agencies CHAPTER VI. ANALYSIS AND DISCUSSION Summary of Chapter Five Findings Response(s) to Research Questions Critical Analysis of Editorial Coverage Response(s) to Hypotheses Discussion and Significance of this Study Editorial Content Decision and Wire Articles Selective Omission Headline Assessment Selective Editorial Discretion and Local Regionalism The Relevance of Media Economics Significance of Wire Article Placement Midsize Newspaper Research Strengths and Weaknesses of Study Weakness: Size Estimation and Reliance on Inferences

14 xiv TABLE OF CONTENTS (cont.) Page Future Study Conclusion BIBLIOGRAPHY APPENDICES APPENDIX 1. Sample Newspapers APPENDIX 2. Coding Sheets and Instructions APPENDIX 3. Statistical Analysis and Findings APPENDIX 4. Regional Sample: Maps, Charts, and Graphs APPENDIX 5. Models and Study Definitions APPENDIX 6. Coding Key Article Tables

15 xv LIST OF TABLES/DIAGRAMS Table Page 1.1 Media Events defining four Sample Intervals Critical Review of the Advertisement A Original Sullivan Courtroom Proceedings: Part I B Original Sullivan Courtroom Proceedings: Part II Stereotypical Regional Lifestyle Sample Midsize Newspapers, by Region Distribution of Samples Articles by Incident Source Origin: Midsize and National Newspapers Article Source: Midsize and National Newspapers Article Frequency: Wire Article Multiple Usage(s) Article Frequency Differences: Midsize vs. National Newspapers Newspaper Frequency: Incident Coverage of Sullivan Article Size: Midsizes by News Origin Article Placement: Midsizes by News Origin Regional Difference(s) in Overall Reportage: Midsize Newspapers Frequency by Article Type(s): Midsize Newspapers Marlow #1 Usage: AP Syndicated Analysis Original Editorial Response by Northern Midsize Editors

16 1 CHAPTER I: INTRODUCTION & STUDY BACKGROUND The early 1960s was a period when the Civil Rights movement was most active, with several news events challenging the objectivity of those reporters assigned to cover them. One series of events of interest involved a landmark Supreme Court case, New York Times v. Sullivan, where the New York Times was sued for libel. 1 Both northern and southern newspaper editors and publishers were required to make decisions concerning coverage of the legal proceedings that eventually led to a judicial ruling concerning freedom of the press that had a direct effect on their own newspapers. This self-interest in press freedom was not the only issue involved, however, as the case involved civil rights activism as well. This study investigates northern and southern midsize newspapers, identifying coverage content of pivotal court-related events during the Sullivan case while analyzing regional factors that may have a correlated effect on the editorial decision-making process. Inferences are drawn concerning editorial motivations as they affected content choices. What this study proposes is that the decision to allocate news and editorial coverage was complicated by the existence of political regionalism dating back to the Civil War era. By applying a critical social theoretical perspective, the dynamics of the editorial decision-making process can be explained through regional biases that had an effect on both the media and the audience. Critical social theory, for the purpose of this study, is the focus on specific ways that cultural institutions, in this instance the print newspaper media, are used to shape identities, by dictating what is accepted as true, normal or acceptable within a given culture. Emphasis is placed on the interpretation of the effects when privileged coverage is afforded to some regional communities, while other people are ignored, denied, or marginalized by the press.

17 2 Study Description The journalistic problem addressed in this study involves the editorial decision-making process and an investigation to determine whether editors were adequately providing detailed and unbiased accounts of the Sullivan case, which dwelt in the judicial process for almost four years. The purpose of the study is to discover whether or not regionalism had any influence, either positive or negative, in keeping the public informed about a constitutional rights ruling by the Supreme Court concerning an issue that might have an effect on their daily lives. The case provides a frame of reference on an issue that was newsworthy and attracted the attention of media, activists, and readers alike, all of whom had a participatory interest in an outcome that could affect the content, cost, and availability of newspapers. The final decision set a precedent when the Supreme Court re-defined its interpretation of the First Amendment with respect to freedom of the press. The Court s decision defined the libel liability of newspapers commenting about public officials, a legal standard that would have a significant impact on future press reportage. This study undertakes an investigation of regionalism and newspapers from a sociological perspective that considers societal evolution and the people newspapers serve. Inferences are drawn when reaching conclusions concerning editorial handling practices of the midsize newspapers, those whose circulation is defined for the purpose of this study as between 25,000 and 100,000, in the 1960s. The regional sample was defined by circulation numbers determined from the Editor & Publisher International Year Book (1960). The investigation also determines whether there is any correlation between differences in editorial handling of news/editorial coverage of public affairs and regional differences associated with the sample newspapers.

18 3 National newspapers are included to serve as a comparison for the purpose of testing the null hypothesis, if indeed the results indicate that regionalism influences editorial content in midsize newspapers. The national papers provide a sample that serves a more varied readership distribution-wise, one which logically amounts to a collective audience demographic that shares less regional commonalities. The ultimate objective is to develop a better understanding of the extent, if any, that regionalism influences editorial discretion in determining the content of midsize newspapers. The methodological approach relies on critical social theory to analyze and construct research tools designed to examine the differences in news and editorial content in northern and southern publications. The focus of this study sample is the daily news and/or editorial coverage of the New York Times v. Sullivan case by 29 northern midsize, 25 southern midsize, and six national newspapers. Those publications included in the primary sample are listed in Appendices 1A, 1B, and 1C located at the end of this study. 2 Results are of both a quantitative (statistical analysis of data from coding schedules) and qualitative (headline assessment of wire service articles for differences) nature. Justification for Sample Periods The Sullivan case serves as the focus for the sample articles in the current study after being identified by a reputable source, Facts on File, as a newsworthy national event. 3 There were four dates when newsworthy decisions transpired relevant to the Sullivan case, events that determined the foci intervals of the content analysis for this study. These four events define time spans referred to as Incidents for the purpose of this paper: (Incident A) Sullivan original trial decision- November 3, 1960 (Incident B) Alabama Supreme Court decision- August 30, 1962 (Incident C) U.S. Supreme Court accepts Sullivan case- January 8, 1963 (Incident D) U.S. Supreme Court final decision- March 9, 1964

19 4 The sample duration is limited to week-long tracks in the legal processing that began with the original Alabama libel decision in November 1960 and ended in the landmark ruling by the Supreme Court almost four years later. The time spans for these four newsworthy events are delineated in Table 1.1. Table 1.1 Media Events defining four Sample Intervals Media Event Date of Incident: Analysis Start Date: Analysis Stop Date: A: Original Alabama court decision Nov. 3, 1960 Thur. Nov. 4, 1960 Fri. Nov. 12, 1960 Sat. B: Alabama Sup. Ct. appeal decision Aug. 30, 1962 Thur. Aug. 30, 1962 Thur. Sept. 7, 1962 Fri. C: U.S. Supreme Court accepts case Jan. 8, 1963 Mon. Jan. 8, 1963 Mon. Jan. 16, 1963 Tues. D: U.S. Supreme Court final decision March 9, 1964 Mon. March 9, 1964 Mon. March 17, 1964 Tues. Research Questions Using the critical social deconstruction of news facilitated through a content analysis, the following research questions are posed to guide the research methodology of this study: RQ1: Was the Sullivan case coverage in midsize newspapers different than national newspapers in terms of content or framing, and if so, what do these differences suggest about editorial handling of the case? RQ2: Did any one national provide more (or less) comprehensive coverage of the Sullivan case than other national newspapers, in terms of article frequency or space allotment? Also, did any one midsize provide more (or less) comprehensive coverage of the Sullivan case than other midsize newspapers, in terms of article frequency or space allotment? RQ3: Were there any regional differences between northern and southern midsize newspapers concerning coverage of the Sullivan case, and if so, were article size or article placement parameters exhibiting regional variation? RQ4: Did regionalism appear to be a dominant influence on midsize newspapers, with respect to decisions concerning inclusion (devotion of space) and appropriateness (for their

20 5 readership) of public affairs news such as the Sullivan case? If so, was there increased coverage of the Alabama court events in southern papers versus northern papers? Also, was this followed by increased editorial coverage of the Supreme Court events in northern versus southern papers? Hypotheses The following research hypotheses were formulated in response to RQ3 and RQ4: H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of the Supreme Court proceedings, Incidents C and D, compared to southern newspapers. H2: Southern papers will devote more space and/or more prominent placement to news coverage of the Alabama court proceedings, Incidents A and B, compared to northern newspapers. H3: The southern newspapers will devote more positive editorial commentary to the Alabama court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to the Supreme Court decisions, Incidents C and D, than their regional counterparts. These hypotheses refer to Incidents A, B, C, and D as identified in Table 1.1, relying on such attribution to match statistical analyses in Chapter Five that involves sorting articles using incident-bound intervals with regional distinctions. Incidents A and B are clustered together in the analyses because both transpired within the state of Alabama, a locale of southern origin. Incidents C and D, on the other hand, were events that originated within the geographic boundaries of Washington D.C., the nation s capitol, a district with strong federal affiliation and readership (as opposed to state).

21 6 Methodology The primary focus of the defined sample is news and/or editorial coverage during key moments of the Sullivan ruling by national and regional newspapers. The following criteria were followed when procuring the final midsize newspaper sample(s). Sampling Method Step #1: Sample Elimination Midsize newspapers were sorted by circulation to narrow the sampling to those falling within the 25, ,000 range, using Editor & Publisher International Year Book as the reference guide to determine circulation numbers. 4 Step #2: Availability The target newspaper(s) were required to be available on microfiche for all four incident dates, therefore only those determined to be available from a regional library or state archive were considered. 5 Step #3: Regional Definitions Midsize regional newspapers were categorized by states lying within the northeastern or southeastern geographic regions defined by Howard Odum in Chapter Three. Northern states not among the original thirteen colonies, such as Ohio, or those considered Border States were excluded. Northern is defined accordingly as any states where a portion of that state lies east and/or north of Pennsylvania. 6 Step #4: Microfiche Acquisition First preference was given to those newspaper microfiches attainable through Inter-Library Loan (ILL) using OhioLink. 7 Lists of target newspapers not readily available through ILL requests were sorted by geographic region. 8 Step#5: Sample Selection The primary quota sample of midsize newspapers was sorted to give higher preference to most-preferred states, which included Pennsylvania and Massachusetts in the Far North, along with Alabama and Mississippi in the Deep South. 9

22 7 Step#6: Archive/Library Retrieval Those copies not accessible through ILL were retrieved in two research trips, visiting state archives and libraries and systematically copying the microfiches until the midsize sample was complete. All microfiches for national newspapers, the New York Times, the Washington Post, the Chicago Tribune, the Atlanta Constitution, the Montgomery Advertiser, and the Philadelphia Inquirer, were readily attainable though Inter-Library Loan. These newspapers were identified for purposive sampling, those that would be used to test the null hypothesis for regionalism effects. The final sample contained articles from 29 northern and 25 southern midsize newspapers, as well as six national newspapers. The cataloguing of articles originally copied from microfiche resulted in 1,809 pieces being assigned article numbers. A preliminary assessment conducted by two coders identified 258 articles as meeting at least one of the inclusion criteria for this study: (1) any news article that either focuses on or involves the Sullivan case; (2) any article that focuses primarily on or involves to a significant degree one or more of the major participants (includes the plaintiff, respondents, attorneys, and judges/justices) in the Sullivan case reporting on a legal issue related to the case; or (3) any editorial commentary concerning the First Amendment and more specifically addressing any freedom of the press or press libel issue during the study timeline. 10 Information Relevant to Sample Newspaper Collection In 1960, there were 1,755 total daily newspapers, with 1,279 having a circulation under 50,000. There were 191 newspapers in the 50, ,000 circulation range that fall into the preferred category for this particular study, identified as such because it was felt these would have editorial priorities that included national news coverage, while adhering to higher quality

23 8 standards than smaller community newspapers. 11 The midsize sampling range was expanded to include those above 25,000 and less than 50,000 to increase the prospective pool, which had been previously limited to include only bigger dailies. 12 Method of Analysis Content analysis is defined as the use of replicable and valid methods for making specific inferences from text to other states or properties of its source. 13 A general model developed by Riffe, Lacy, and Fico was adhered to throughout the content analysis (see Appendix 5A). 14 Critical social theory is embraced for an analysis of regional differences, facilitating the creation of coding criteria that distinguished variables associated with or reflecting either northern or southern cultural values. What this effectively represents is the use of identifiable regional attributes as a means for qualitatively defining coding constructs that were utilized to analyze the content of the articles. The current study correlates political, economic, and social factors to formulate perception concerning the dominant influences when making editorial decisions, rather than conducting a simple assessment of newsworthiness itself. While the editorial process of selecting articles is asserted to be a conscious and deliberate action, this study contends that primordial and unconscious influences, those that are culturally based or regionally bound, significantly contribute to the inclusion and representation of media events. The ultimate goal of this study, accordingly, is to provide insight into the editorial decision-making process, a determination of the influence regional locality and construed social impact have in article selection and editorial framing. Coding consideration was given to those factors determined as being media economic influences that might result in content variations, the process of including or excluding event

24 9 coverage and/or offering editorial content that is visibly framed or discernibly different in its editorial handling. A quantitative textual analysis was performed on all newspapers chosen for this study, using coding factors that are specifically defined in Chapter Four. 15 The relevant categorical classifications are article type (news/editorial), article focus (main/secondary), article frequency (by publication), article size (in column inches), article placement (by prominence), and source origin (internal/external). The qualitative analysis, on the other hand, considered content variables that included regional bias, political orientation, grammatical choice(s), and keyword usage as specifically defined in the coding criteria definitions that can be found in Chapter Four and in Appendix 2. Limitations of Methodology There are several limitations to the current study, beginning with a lack of access to the original editors or readers themselves, an inherent time constraint of much historical research. This time constraint limits the current study, effectively subjugating the researcher to draw inferences concerning the actual influences that affected the decision making of regional editors in the early 1960s. Without the ability to ascertain the factors these editors considered in determining whether or not to initially include news stories and then how to handle the article coverage, conjecture based on the end result, the final copy as it appeared in a given newspaper, is the only alternative. With no way to survey past newspaper editors and users, the chosen methodology for this study is a content analysis of articles using a critical social theoretical approach accordingly. 16 The current study assumes that these inclusion and handling decisions were rationally based, that time was spent assessing the perceived newsworthiness, while also assuming that the layout of the daily edition was flexible enough that these editors had options available to move stories around and shorten articles based on their editorial preferences. In an

25 10 effort to contravene this limitation, additional attention is devoted to a literature review that focuses on both regionalism and newspapers studies. Other Limitations of this Study The headline assessment of wire service articles, those discovered to be the product of the same wire story, along with the creation of a coding key once the most comprehensive version was found, were measures incorporated into the coding procedures to counterbalance such limitations as well. Differences in the way the same news story was framed through the use of headlines and subheads, along with a calculation of how much text was selectively omitted, served to provide coding criteria for comparison. The desired method would require access to the actual news release copy itself (as was made available to the editors), but this alternative was not viable due to the study time frame and a lack of access to any known archives for news wire agency sources. Instead the current study relies on created quantitative coding keys to build inferences concerning editorial handling while assuming rational conduct of the part of those making editorial decisions. This assumes a certain degree of ethical professionalism from editors, while attempting to identify some of the regional influences of the media environment they operated within from a macro-perspective. Another limitation to the study involves the complex nature of the New York Times vs. Sullivan case itself. The perceived impact, the legal interpretation, and the effect that its association to the Civil Rights movement had on the outcome, among other things, are subjective variables that have been the focus of a plethora of studies in both law reviews and media journals. Arguments have been made to substantiate different claims that infer what the intentions of the justices deciding the case were, compared against what the central meaning of the First Amendment was in the context and mindset of the original founders of the Constitution.

26 11 Legal analysis of the court rationale in such a landmark decision as Sullivan was invariably scrutinized by many, with this study relying on only one respected scholar, Kalven, as the ultimate authority in this respect. Another important consideration is the limitation of this study sample to just Anglo- American newspapers, possibly ignoring coverage deemed newsworthy by editors that target a minority audience. Semmes notes that media images of African Americans have been distorted, both in their cultural and human appearance, by the normative order of white supremacy. 17 The current research does not study ethnic biases or publications that target a niche or specific audience, like an African-American owned newspaper that generally targets an audience of black readers. 18 The main criteria justifying non-inclusion, however, is not that these publications would have different content, but rather that most minority papers are weeklies. 19 Many previous journalism studies have concluded that the average mid-size American newspaper with a daily circulation that targets at least 25,000 readers characteristically exhibits whiteness in its content, regardless. 20 Significance of Study One incentive for this research is to fill a void in journalism research through investigation that focuses on the news and editorial content of midsize daily newspapers that have been, for the most part, excluded from previous studies because of the non-availability of past issues in most historical archives. The significance is that these smaller newspapers (including midsize) comprise the majority of the industry, company-wise, yet until recent years many were unavailable to the public except by possibly going to the root source, the newspaper company itself. 21 Studies focusing on them have been conducted with less frequency, with many

27 12 journalism researchers devoting their scholarly efforts to highlighting the major or well-regarded dailies instead. 22 This lack of attention to midsize newspapers by scholars is also supported by evidence finding that almost all studies that focused on the so-called community press have equated that term to mean small, weekly papers serving a limited geographic area within a city. 23 Stamm emphasizes that urban and suburban dailies, those that exclude publications with national distribution, have rarely been the units of analyses for these studies, presumably because their circulation boundaries do not conform to the sociologist s conception of a local community. 24 He asserts there is an imbalance in research on communities that might be linked to daily newspapers, which provides additional justification for this study of the less-heralded midsize newspapers that serve the majority of American readers, circulation-wise. Press Responsibility and Accountability An ethical justification for conducting the research in the current study is offered here, noting that the general public depends on newspapers to provide information concerning political, economic, and social happenings that may affect their individual welfare as well as the prosperity of their country. Scholars assert that a free press is essential to a democracy, which it serves as a sentinel who guards democracy and effectively assumes a watchdog role over the government. 25 The press carries the responsibility of alerting the public to power abuse by government officials and exposing corruption in the private sector. This obligation is to provide a responsible and accountable service for what might otherwise be an uninformed readership, a gatekeeper that serves the public interest. The public problem that arises from such communication is making sure that the mass media are properly informing their readership(s)

28 13 about issues relevant to their daily lives, with the desired circumstances being when these news sources provide a complete account of events in an unbiased manner. 26 Some newspapers have designated ombudsmen, those who assume the responsibility for receiving and investigating complaints about news content and journalism ethics. 27 The information providing services imparted are not unlike those of lawyers and doctors, in that a certain degree of professionalism is demanded to maintain credibility in the public eye for the field, the provider, and the individual. When addressing press accountability, some studies have sought to determine whether print journalists have a manipulative influence or perhaps too much freedom in the aftermath of the Sullivan case. The position of empowerment, the ability to selectively send messages others might perceive as truthful and important to their daily lives, is sufficient justification for periodic scrutiny of journalistic service. Integrity can be realized in adhering to ethical standards, codes or guidelines of the profession designed to provide accountability to those who serve as gatekeepers for information the public has a right to know. Sample Focus: New York Times v. Sullivan The sample focus of this study is news and/or editorial coverage of the New York Times v. Sullivan case by national and regional newspapers. The Sullivan case received national attention from the onset, due to the fact that the party being sued was the New York Times, an elite newspaper regarded as one of the best dailies in the world. 28 McCoy assert that the Times serves as the national newspaper of record, in that it is referred to more often than other media source, whether in conversation or by academic scholars. 29 Newspaper owners, generally speaking, aspire to match such a reputation for professional excellence, making the Times appear almost beyond reproach in any given situation where plaintiffs filing libel suits contended that the paper was guilty of defamation, as was the case in Sullivan.

29 14 For the purpose of justifying the significance of an investigation of the four incidents listed in Table 1.1, relevant concurrent news events have been identified that might influence (by providing alternative coverage choices) the editorial decision-making process. Incident A occurred just five days prior to the national presidential election held on Tuesday, November 8, Because the upcoming election included a highly contested presidential race between Republican Richard M. Nixon and Democrat John F. Kennedy, it literally dominated news and editorial pages of many national and regional newspapers. Many polls and election analysts reached the conclusion that the southern vote would be pivotal, with the consensus being that whoever attracted the majority vote in the southern states would invariably win the presidency. Incident B occurred on August 30, 1962, the very day that it was announced that a new justice would be appointed to U.S. Supreme Court. 30 This appointment of a new justice serves as a gauge to determine the level of interest or relative importance that the editor of each respective newspaper perceived a news event about the Supreme Court to be, when making editorial choices for their respective reader circulation. Incident C coincided with a strike involving nine major New York newspapers and the printers union. Negotiations had reached a stalemate after close to one month without reconciliation, with the ensuing bargaining sessions serving to gauge the relative importance that editors placed in the outcome of an event could have a serious financial impact on the entire newspaper industry. Muir notes a peculiar relevancy to one of the key players in this case study, the New York Times, as the first publication to show a profit after the strike that had crippled other newspapers. 31 Incident D began on March 9, 1964, during a week when the highly publicized trial involving Jack Ruby had captured national attention, with the verdict disclosed by the jury on

30 15 Saturday, March 14 and most daily newspapers headlining the story in the Sunday March 15 th issue. Once again, editors were confronted with the decision of what deserved more prominent coverage in their news and editorial pages. The attention of the public had been focused on the Ruby trial in most newspapers leading up to Incident D, so the decision became whether the Times-Sullivan ruling of the Supreme Court was newsworthy enough to supercede the Ruby trial as the primary story or lead editorial. Sample Significance to Regionalism The first two incidents are of regional significance to newspapers in Alabama and its neighboring southern states, as both court decisions were rendered in an Alabama jurisdiction and might affect future court decisions there. In both instances, the decisions favored an Alabama public official (Sullivan). There was a degree of national attention created by the fact that the Sullivan case involved a Civil Rights movement advertisement, as well. However, as Hale points out in his study, state supreme court decisions such as the appeal of the Sullivan decision in Alabama (Incident B) often receive only token coverage and usually only in the jurisdictions where decided. 32 The current study seeks to confirm or deny this, with respect to coverage of Incident B. The reaction of the southern press to the New York Times advertisement can be summarized in Montgomery city editor Ray Jenkins s actions once he ran across it, and how quickly another Alabama editor responded. I saw that ad. I knocked out a story on it, Jenkins remarked. 33 Once the story appeared, Montgomery Advertiser editor Grover C. Hall, Jr. approached Jenkins and demanded to see the advertisement, then wasted little time in reacting himself. 34 What followed was a torrential flood of libel suits and the ensuing court case documented in Chapter Two.

31 16 The third is newsworthy in that it involves acceptance of a case for review by the Supreme Court. 35 The third and fourth incidents were from the District of Columbia, the venue of the U.S. Supreme Court. The Supreme Court now accepts only three percent of cases appealed to it for review, while it accepted just over four percent during the study period. 36 While this rarity accounts for the newsworthiness of Incident C, the fourth incident (Incident D) is indiscriminately newsworthy because it involves a Supreme Court decision on a case that had previously attracted attention from the press. Any time the Supreme Court is deciding a case that involves freedom of the press, newspapers have an inherent reason to follow the decision. 37 Theoretical Significance of Regionalism The current study approaches the analysis of Sullivan newspaper coverage from a multidisciplinary perspective. Because of this, time needs to be devoted to an explanation of what exactly the theoretical perspective of the current study is, one that relies on both regional theory and critical social theory. The relevant justification for incorporating both these theoretical constructs is that they can be efficaciously combined in a sociological perspective, using an approach that places the most importance on societal effects and the people who make up the society. Let us begin by addressing regionalism theory, which is reviewed in its relevance to the current study in the early section of Chapter Three. While political regionalism provides key observations, details that serve to identify variables (such as political affiliation) that may be relevant to the current study, the more important revelations rely on the sociological perspective of regionalism theory as proposed by Howard Odum (see Chapter Three). The rationale for embracing regional theory is the fact that the sociological perspective considers many variables (Odum considers 685), including those in the categories of education, economy and politics,

32 17 assigning importance to each where their influence on society is concerned, unlike political regionalism (where politics is assigned the most weight). 38 Regionalism theory from a sociological perspective is also key to understanding the subject matter and rationale for the proposed hypotheses in the current study because this approach places the most emphasis on people and society (and readership communities accordingly), not on policy and politics. Critical social theory is similar in that the identified emphasis, the importance so to speak, is on people (readers of newspapers and those that might be affected by public opinion, in the current study) and how they are affected by societal institutions (in the current study, by newspapers). This is a simplification of the dynamic elements, the actors so to speak, that are involved. Rarely is this perspective ever applied to media studies, however, as political science, sociology, and economics disciplinarians (and not mass media scholars) are more inclined to use this interpretive approach in any of their research that involves society and culture. Critical social theory has been adopted for the current study, nonetheless, relying on it to make sense of or understand the dynamic relationship between editor(s) and reader(s). It can be envisioned as the rationale for this research study, while regionalism theory is used to assist in understanding (or to explain) the influences that might affect the editorial decision-making process and newspaper media effects (from usage) in general. The current study, in fact, proposes that regionalism is a prevalent influence, with the investigation testing the validity of such an assertion. The methodological approach is a content analysis that assumes that there is a pragmatic nature to the editorial decision-making process, that rational or logical choices are the norm, when investigating whether regionalism influences might be used to explain variations in the content between northern and southern midsize newspapers. Any parallels or trends discovered

33 18 can not be identified as the effect of a causal influence, however, as no such direct relationship can be established using the limited constructs of the current study. Sample Newspapers This section is devoted to justifying the selective nature of the study sample, a focus on midsize newspapers with preference to those serving a suburban readership, from a population density standpoint. The purpose newspapers serve the public, as information providers for various readership communities, and the societal impact of the press is examined. Also developed here is further support for limiting the sample to only daily newspapers, excluding weeklies, and to only those with a midsize circulation. This is accomplished by pointing out that these locally and nationally focused publications are not considered as competing entities. These newspapers attract a different readership, while serving a different societal purpose. The Importance of Community Stamm observes that most of those who chose to study the possible role of the daily press have come to the conclusion that it facilitates community ties of quite different scope, what has been characterized as cosmopolitanism. 39 This scarcity of evidence that distinguishes exactly what the role of the daily press is with respect to influencing local or metropolitan identities can be explained by the view of media scholars who have a lingering suspicion that the daily press is too large and remote to play a significant role in local communities. 40 This comment echoes what the current study asserts is a misguided conception, because a majority of previous newspaper studies have focused primarily on either the major dailies or the community weeklies. An alternative explanation for such attached insignificance is due to the fact that the outward population expansion away from cities is a recently popular phenomenon, perhaps causing a

34 19 spatial separation of communities (and the perceived public identity accordingly), prompted in part by those who seek more space than the urban lifestyle offers. Wirth asserts that People who continue to live together under conditions of mutual interdependence and are subjected to the same influences from identical sources might similarly be expected to develop a sense of mutual interdependence and share a sense of common belonging. 41 The newspaper is capable of being such an integrating mechanism, an influential identical source in the dissemination of public information. Importance is placed on the notion that findings need not demonstrate the existence of a direct link between newspaper and community involvement, that cognitive or affective influences are not always visibly apparent. The mere stimulation of interest, making a reader aware of a controversial topic such as civil rights, is sufficient, while a persuasive initiation of action on the part of that person is an optimal yet seldom achieved effect. A more typical reaction is an influence toward closer identification with the community, the occasion where an individual so strongly feels himself a member of a group that he adopts its ideas, beliefs and habits, which in turn heightens the individual need/desire for a sense of belonging. 42 Stamm notes that three gratification indices, surveillance, entertainment, and social facilitation, were found to significantly correlate to community newspaper use. 43 The first two contribute to a reader s ability to have something to talk about with others, providing conversation topics and personal enjoyment as benefits. The third, social facilitation, was found to have a negative correlation, perhaps because community newspapers are distributed on a weekly basis, instead of daily, necessitating the reader to plan ahead to reap any satisfaction while sometimes omitting events not planned out well in advance or perhaps providing inaccurate information as well (not as trustworthy a source as a daily).

35 20 Community Usage: Process, Place, and Structure Stamm argues that consideration of three elements of community, which he identifies as process, place, and structure, might better define a conceptualization of the community. He also maintains that newspaper use and community ties have a dynamic relationship, one where either can influence or affect the other. 44 Jankowitz identifies place and the cognitive sense of community closeness, being part of the institutional structures that comprise a community, as the strongest association between community ties and newspaper readership. This tie to a place is a cognitive way of thinking about what it means to reside in a given community. Jankowitz asserts the content of the community newspaper is representative of a wide range of activities, values and aspirations present in the community which are not given expression in the daily press. 45 When accessing the community newspaper as a mechanism, the tie to structure also relies on closeness, as well as the perception of membership, as part of the dynamic relationship. The main processes that define a community, citizenship, participation, and involvement, are not as inherently tied to the newspaper, as any ties to these can be either the antecedent or the consequence of newspaper use. The lack of a necessary causal relation in this last element (process) that defines a community makes it less influential than the other two elements (place and structure). Modern Communities and Newspaper Use Stamm notes that the public conceptualization of what constitutes a community has changed considerably with transportation and communication technology advancements in the twentieth century. 46 While his research post-dates the time period of the current study, the majority of the innovations that Stamm cites were already in place in the 1960s, effectively breaking down the traditionally close-knit communities that had been spatially bound. The

36 21 effect of these advances was to facilitate an increase (in member size) and expansion (in territory) by removing constraints and bridging the previous barriers that hindered the creation of relationships. For instance, improved methods for paving roads and the development of public transportation options allowed those workers not desiring to live in the urbanized city environment to commute, the ability to separate work and residence spatially. Such changes resulted in changing community ties, while altering the state of mind of newspaper users and the role of this medium as an influence, through the development of different needs or gratifications that might be afforded to their readership. 47 Stamm identifies the relationship between individual and newspaper as more readily researchable when considered in a community framework for these very reasons. 48 The Impact of Urbanization and Newspapers The distinction of regional identity tends to disappear or be taken for granted when analyzing the inherent social and political priorities of those inhabiting metropolitan areas, however. Using Odum s theory of sociology to make sense of this similarity in publication content, an argument has been proposed that most urbanized cities are built using the same basic mold, that they tend to mirror each other in many characteristics and attributes, both physically and culturally. 49 Nonetheless, several scholars have noted that journalists tend to define community in ways that emphasize one-dimensional boundaries formed in terms that rely on geographic or municipal distinctions. 50 The current study takes this urbanization effect into consideration, sampling instead only mid-size newspapers while attaching priority towards the inclusion of those in non-metropolitan areas. The typical urbanite as compared characteristically to the typical rural resident is an aspect of regionalism that is qualitatively defined in sociological terms by theorists such as Odum as discussed in greater detail in Chapter Three. 51

37 22 Urbanization has led to a situation in newspapers where daily living, in the ways that distinguish the urban versus the rural lifestyle, is a prevalent determinant of content. The political and societal aspects that are distinguishable include liberal as opposed to conservative and North versus South. The latter association parallels differing regional conditions, coupling liberalism as related to urbanism. This urbanization effect is most evident among metropolitan dailies, those newspapers serving larger cities that have been likened to be clones of one another in many respects. Urbanization has been suggested to have an influence over political affiliation though presidential election results. These metropolitan areas have been perceived as fostering a liberal political belief system while forcing city dwellers to adopt a different and more demanding lifestyle than that conducive to rural residency. Community vs. City Newspapers Lauterer asserts that by the end of the twentieth century, 97 percent of the nation s press were small or community papers. 52 Just over 85 percent of the dailies have circulations under 50,000 and are classified as small newspapers by the American Society of Newspaper Editors (ASNE). 53 This leaves a significant number of quality newspapers that very few historical journalism studies have targeted, for the most part due to access issues and their limited availability in newspaper archives. This research coverage disparity is a relevant factor considered in the determination of the target size newspaper for the midsize sample of this study, while justification is sought for defining a minimum circulation large enough to eliminate most traditional community papers as well (another concern). As confusing as these statistics offered by ASNE may initially seem, a careful calculation will arrive at 203 dailies with a reported circulation of between 25,000 and 50,000 readers. 54 This provides the rationale to expand the midsize sample from a 50,000 minimum to a lower

38 23 value that includes smaller dailies as part of current sample, while representing a circulation range of papers that reach a majority of American readers in the process. Further support for this circulation range extension is found in the fact that Pritchard uses an Indiana newspaper with a circulation of 30,000 for his study, contending that it is representative of the typical American daily in size. 55 The relevance of this to the current study is in providing justification to expand the midsize sample range to those with a circulation of 25,000 to 100,000 without detracting from the significance of the current research. 56 Daily vs. Weekly Newspapers Weekly newspapers operate on an entirely different publishing cycle, while tending to concentrate almost exclusively on rural communities for their readership. These community weeklies have profound philosophical differences in way they look at the community, at their readers, their advertisers, and how they write, handle and package news. This is premised on the definition that community applies to people who have something in common; that it implies a certain interactiveness and accessibility to all. On the other hand, Lauterer maintains that the rural nature of some population areas in some state (such as those in the South) makes for papers that practice rural journalism, which equates them to community newspapers. 57 Given this differing agenda, one that does not prioritize or value the proliferation of national news events such as Supreme Court decisions, weekly and community newspapers have been excluded from sampling consideration. The current study instead investigates whether this conclusion, that rural daily papers are inherently community papers, is valid, given the population concentrations and culturally tendencies that are stereotypical differentiations between the North and South from a sociological perspective. The study focus investigates

39 24 editorial decision-making and the coverage of a nationalized news event, those (Sullivan) incidents more likely to found in dailies only, to detect whether regional differences exist. The current study sample selectively excludes various publication types, while including others that might have been eliminated from other studies, for reasons that will be noted here. Included are any daily newspapers that publish six days a week, as evidence exists to support the contention that the content of Sunday editions is not necessarily indicative of the editorial priorities of a given newspaper, or reflective of the editorial voice as well. 58 Most of the characteristics positively correlated with Sunday circulation have been classified as targeting a more populated, affluent, urbanized, and higher income audience than weekday papers. 59 Vermeer demonstrates that medium-size newspapers and their editorial pages provide a localized editorial view of the federal government. 60 The study is indicative that these editorials affect public discourse on matters of concern in smaller circulation zones, while influencing how readers might approach or interpret national affairs such as politics or, in the case of the current study, federal legal matters that have a societal impact on the press, as well as individual and civil rights. Vermeer stresses that what is deemed newsworthy, ultimately, is a journalistic judgment subject to influence by news sources. 61 He notes that, When editors in local newspapers choose to devote editorials to national political events and developments, they simultaneously signal the significance of these occurrences for state and local concerns and offer an interpretation of the relationship between state and local issues and the national news. 62 Because local newspaper commentaries (editorials) do contribute to their local discourse communities, each paper (editor) is inclined to respond somewhat differently, based upon what interest or concern (towards the issue) is perceived from constituents within local boundaries. Readers are generally concerned more with only city and state affairs, making for a situation

40 25 where many smaller newspapers with strictly local audiences rarely devote space to commentary on national or international happenings. Editors of local daily newspapers tend to be dominant media voices in their communities, setting the agenda for local discourse. 63 Scott formulates an index that enumerates what he refers to as newspaper strength, based on greatest local impact. 64 Relating this to a regional perspective, in the South Alabama, Georgia, North Carolina, South Carolina, and Louisiana are states that have low ratings for their smaller cities, while only two northeastern states were recognized as having this distinction. 65 Vermeer observes that national and local papers do not necessarily compete amongst each other, while noting one reason for this is that smaller dailies tend to focus their efforts on separate geographic segments of the metropolitan area or an area without any competing newspapers. 66 The Vermeer study notes that editors tended to be respectful of the Supreme Court, in that they accepted most decisions with little dissent. 67 The study also provides a strong justification for conducting research on midsize newspapers, for reasons already emphasized in the previous pages. Freedom of the Press before Sullivan Now that the justification and significance of the current study sample s publication type (midsize newspapers), along with a justification for the article focus itself (New York Times v. Sullivan) have been established, the following section provides some background information concerning the legal climate in America as it relates to the press and in particular the South preceding the Sullivan case. The responsibility of the American press to serve as the gatekeeper of information concerning governmental affairs can be traced back to historical roots in the eighteenth century. The first acknowledged journalists, those that had a mass readership for the most part limited to

41 26 the educated (literate) elite, began reporting about British leaders in colonial America at that time. 68 The boundaries of what constitutes seditious libel had not been clearly defined, while the press role as a public watchdog or sentinel providing accountability for the actions of governmental officials was more of an ethical or moral responsibility implied as an expectation as part of the public service responsibility assumed by those in the journalism profession. The legal foundation was set for defining any censorship that is not warranted as unconstitutional, yet the Supreme Court justices since then have been historically hesitant to offer any comprehensive definition of what might be interpreted as protected by the First Amendment. Specific issues were addressed on several occasions in an effort to avoid any overbroad interpretation. 69 This included but went beyond protection of just political communication originating from the press industry, evident through Supreme Court decisions such as Schenk v. U.S. and Abrams v. United States. 70 Publishers were encouraged to give full and complete accounts, particularly on governmental issues. The liabilities and freedoms that exist for those assuming such civic responsibility have been defined by several Supreme Court decisions during the twentieth century, with the two landmark cases being Near v. Minnesota and New York Times v. Sullivan. 71 The Near v. Minnesota case was one instance where the freedoms and responsibilities of the newspaper media were considered. In the latter Sullivan case the Court recognized the right to criticize public officials, a decision that effectively placed the press in a position of authority by protecting newspaper publishers from those that might otherwise impair this media s ability to inform the public. It was not until 1964 that the disclosure of press privileges (and limitations) in Sullivan resolved any hesitation newspapers previously had when commenting on the actions of public officials. The Court asserted then that actual malice or reckless disregard of the truth

42 27 must be proven in any libel suit where government affairs about the actions of public officials were reported. Role of News Media: Reporting Legal Affairs While not as blatantly visible in media communication, there was an effect on newspaper practices caused in part by the evolution of constitutional rights as interpreted by the Court. Chamberlin and Brown note this began with The intellectual ferment of the 1940s, and the discovery of First Amendment rights (albeit vague ones) for listeners, [that] influenced a series of Supreme Court decisions in the 1960s and 1970s. The justices gave legal life to concepts theretofore strictly philosophical and in so doing changed or extended the original form of ideas. 72 First Amendment law evolved in at least two directions, accordingly, which these legal scholars identified as the Debate Model and the Right-to-Know Model. Both of these theoretical conceptualizations, as diverse as their constructs are, recognize the 1960s as a pivotal turning point that made journalism a more pragmatic profession. 73 The Court until 1960 for the most part avoided rulings against the press that might encourage prior restraint or limit the revelation of newsworthy information, placing value on the dissemination of facts and keeping the public informed on those issues that might be of public interest or concern. However relevant these First Amendment issues may have appeared in the early 1960s, the decisive point of reference before the Times-Sullivan ruling was interpreted to be state tort law(s) and not the U.S. Constitution. This allowed plaintiffs in libel suits to prevail by proving negligence or just the falsity of the statements in the lower courts of many states. 74 This previous policy allowed for instances where individuals were enticed to sue the press for publishing inaccuracies or falsehoods, no matter how severe (defamatory or damaging) the content, with the courts faced with a growing increase in the number of libel suits.

43 28 This was exemplified in a series of libel suits that threatened the livelihood of the New York Times, a situation that, if left unaddressed, would ultimately lead to self-censorship by other newspapers to avoid libel suits. The original Sullivan ruling by the trial court was a large and unprecedented judgment, awarding $500,000 in damages. 75 This captured the interest of news publishers, those who might then feel vulnerable in the face of possible financial liability for libel claims against their own papers. Another journalistic concern was the possible consequence of limiting the scope of news coverage, with a self-imposed restraint on press freedom likely if the Sullivan case was allowed to stand as decided in a local Alabama court. Summary of Chapter While this was a major issue for those journalists who covered the progress of the Sullivan case, this study contends that there was also an underlying tension that separated the parties involved, a conflict that can be identified as having roots of regional origin. The existing causal influence is the perceived effect that cultural background instilled within a respective region had on the subsequent objectivity of news and editorial coverage. Press publishers and others associated with the news media might deny that such an influence, an undeniable cultural dichotomy that surfaced in the Civil War as a North-South confrontation, still pervades in newspaper coverage a century later. The current study contends that these regional differences manifested themselves within the context of a legal struggle that effectively presented a situation where journalists were assigned the task of covering incidents that could easily be reported with editorial bias (Sullivan). This chapter established the need for midsize newspaper research and identified the limitations of the current study. Also discussed in this chapter were the dynamic factors that affect newspaper usage, considering both societal and economic influences. What follows in

44 29 Chapter Two is a more detailed account of the original trial that is essential to understanding the regional context and the external factors in existence that influenced the court case and newspaper coverage.

45 30 NOTES 1. See New York Times et al. v. L. B. Sullivan, 376 U.S. 254 (1964). The events focused upon in this study are detailed in Table Those publications included in the primary sample are listed in Appendix 1A and Appendix 1B; the first list containing the northern midsize newspapers, while the latter the southern papers. 3. Facts On File Inc. identified national news stories the World News Digest, an annual index of newspaper coverage. The 1960, 1962, 1963, and 1964 editions of this reference source (each published one year later) were used; bibliographic listing(s) under the editor's name: Lester A. Sobel. 4. The 1960 edition was used to define circulation numbers, with discretion used to include a few southern newspapers that were of lesser circulation (slightly below 25,000). 5. This determination was made using the WorldCat database. 6. See Appendix 4D; the rationale here relies on the Mason-Dixon line as the defining border for the most preferred Northern states. See Appendix 4B for a better representation. 7. OhioLink is a state ILL co-op system through which the national articles were attained. 8. This was necessary to coordinate visits to state archives and libraries, two research trips to gather sample newspapers from southern and northern archives and university libraries. 9. Priority was given towards procuring no more than four newspapers from any given state. Preferential status was given to southern newspapers in the Deep South or Bible Belt area. 10. See Appendix 2H for a detailed list of the actual article screening criteria; see also Appendix 2M for instructions and definitions given to the coders assessing article significance. 11. These figures were taken from the 1960 edition of the Editor & Publisher Yearbook, page 18 that lists advertising rates and circulations in the United States. Note that 285 newspapers were listed as having an even higher circulation, above 100,000, the target range that is proposed to be the sample of most newspaper studies. It should also be noted that a different source, data taken from Kurian, 1982, 952 determined these numbers to be quite different. The source Kurian used was ANPA Editor & Publisher, with their numbers cited for these groupings, as 1,763 (1,755 E & P) total daily newspapers, with 1,540 (1,279 E & P) having a circulation under 50,000. There were 96 (191 E & P) papers that fall into the 50, ,000 category chosen from this secondary source, with 127 (285 E & P) determined as having an even higher circulation. The primary sampling group of preference was 96 in that study accordingly. These discrepancies can possibly be attributed to inflated circulation figures in the source used by newspapers when charging advertising rates, which is Editor & Publisher International Yearbook. 12. This assessment as Big was the categorization of the American Society of Newspaper Editors (ASNE). This increase effectively doubled the prospective pool size.

46 Klaus Krippendorff, from Gerbner et al. (eds.), The Analysis of Communication Content: Developments in Scientific Theories and Computer Techniques (New York: John Wiley & Sons, 1969), Daniel Riffe, Stephen Lacy, and Frederick Fico, Analyzing Media Messages: Using Quantitative Content Analysis in Research (Mahwah, NJ: Lawrence Erlbaum Associates, 1998), 47; see Appendix 5A for the model. 15. The quantitative analysis used coding factors defined in Chapter Four. 16. See Appendix 5A for an outline model of its application to this study. 17. Clovis E. Semmes, Cultural Hegemony and African American Development (Westport, CT: Praeger, 1992), 111. This has limited their ability to establish themselves in any role other than one subordinate to whites. 18. The assertion here is that, because the distribution of ethnic newspapers tends to track changes in the general population, they serve more urban areas where enough of an ethnic (minority) population exists to support their publication(s). The concentration of these minorities, if not situated in close clusters, increases the cost of distribution while making it difficult to provide localized news coverage for a spatially expanded audience. This often has the detrimental effect of deterring local advertisers from using such publications, as well. These newspapers were not perceived as competition to the dailies in these metropolitan areas because of the audience they target, is generally not attracted to the major dailies to begin with. 19. The black press did provide illuminating civil rights coverage that differed from the typical daily newspaper. Weekly newspapers tend to have different editorial agendas and differing content, due to their deadlines and the fact that their news is not necessarily read because of its timeliness, but rather because of its relevance to a specific readership. 20. The first newspapers in America were in fact white. The history of American journalism reveals that the first newspapers in America had white ownership and were written for a white readership, at a point in time when that literacy rate was significantly higher amongst populations of this ethnicity. The cities that would have aggregate population large enough so that minority numbers would be greater than 25,000 represent a small percentage of the total number of cities. 21. The federal funding is the United States Newspaper Program, which allocated monies to various state archives so that copies of state newspapers that served a smaller circulation audience could be historically preserved in microfiche reserves. 22. See Kenneth Muir (1993); Frederick Fico (1985); Carolyn Martindale (1985); Guido Stempel (1985), Roger Williams (1967); note that this list is not comprehensive, just an exemplary list of studies cited elsewhere in this study that are closely related (in their focus) to the current research. The actual numbers for smaller newspapers was previously mentioned on page Keith R. Stamm, Newspaper Use and Community Ties: Toward a Dynamic Theory (Northwood, NJ: Ablex Publishing, 1985), 52.

47 This assertion is based on the circulation numbers from E & P International Yearbook. 25. Stanley E. Flink, Sentinel Under Siege: The Triumphs and Troubles of America s Free Press (Boulder, CO: Westview Press, 1997), 1. See also Robert V. McChesney, The Problem with the Media: U.S. Communication Politics in the 21st Century (New York: Monthly Review Press, 2004), 70-71, where he asserts that media has in fact failed to fulfill this watchdog function to any significant degree. 26. As neutral an editorial stance as possible; bias is inevitable in the article selection process itself. The unavoidable influences (such as regionalism), deadline demands, and editorial pressures are complications that invariably have an effect on those writing stories. 27. David Pritchard, Holding the Media Accountable: Citizens, Ethics, and the Law. (Bloomington: Indiana University Press, 2000), John C. Merrill and Harold A. Fisher, The World's Greatest Dailies: Profiles of Fifty Newspapers (New York: Hastings House, 1980), Thomas S. McCoy, Voices of Difference: Studies in Critical Philosophy and Mass Communication (Cresskill, NJ: Hampton Press, 1993), 183. Note that this book was written before the rising popularity of the Internet, yet accurately maintained that the Times was the most cited mass medium in the United States in the 1960s. 30. This would be President Kennedy's second nominee, Arthur J. Goldberg, who previously served as secretary of labor and was the successor to Justice Frankfurter. 31. Kenneth B. Muir, The Effect of Changes in Corporate Ownership on Three Metropolitan Daily Newspapers' Editorials, (Ph.D. diss., Virginia Polytechnic Institute [Blacksburg], April 1993), F. Dennis Hale, Court Decisions as Information Sources for Journalists: How Journalists can better Cover Appellate Decisions. University of Arkansas at Little Rock Law Review 23, no. 1 (2000): 116; relevance to this study is to the Alabama Supreme Court case. 33. Anthony Lewis, Make No Law: The Sullivan Case and the First Amendment (New York: Random House, 1991), 9; Jenkins story appeared in the Alabama Journal on April 5, Hall proceeded to write his own angry editorial that appeared in the Advertiser on April 7, Hale, 2000, 114; he notes that this happens only three percent of the time. 36. ibid.; also see F. Dennis Hale, Free Expression: The First Five Years of the Rehnquist Court, Journalism Quarterly 69, no.1 (1992): 89, 97. The Rehnquist Court accepted 2.9% of cases, while the Warren Court 4.3% (Earl Warren was the Chief Justice throughout the Sullivan case). Logically this infers that many of the cases rejected for review probably receive little or no coverage, as well.

48 See the Birmingham Newspapers (Alabama) article (Boylan, Summer 1963), along with other Columbia Journalism Review articles in the Spring 1963 issue that discuss the New York printers strike. 38. Paul Challen, A Sociological Analysis of Southern Regionalism: The Contributions of Howard W. Odum (Lewiston, NY: Edwin Mellen Press, 1992), ibid., ibid., Louis Wirth, The Limitations of Regionalism in Regionalism in America, ed. Merrill Jensen, 391 (Madison: University of Wisconsin Press, 1965); Wirth likens regionalism to a social movement, but he sees this community effect as a limitation of regionalism research. 42. Stamm, 1985, Stamm, 81; he cites a study by Jane Brown and Robert Daves, Community Attachments and the Community Newspaper Reader, presented to the Newspaper Division, Association for Education in Journalism, Houston, 1979, as a reference source for this assertion. 44. ibid., 8, Morris Jankowitz, The Community Press in an Urban Setting, 2nd ed. (Chicago: University of Chicago Press, 1967), Stamm, 1985, For more on the uses and gratifications perspective, see Elihu Katz and Jay G. Blumer, eds., The Uses of Mass Communication: Current Perspectives on Gratification Research (Beverly Hills, CA: Sage Publications, 1974). 48. Stamm, 1985, This cultural assertion is also supported by political regional scholars as noted in Chapter Three. Patterns of cities as clones are suggested there, as well as the similarity concerning political affiliation of most major cities, a tendency towards liberalism. 50. Stamm, 1985, 14; Stamm refers to Burd (Gene Burd, What is Community? Grassroots Editor, 1979: 3-5), while using various journal articles by Hillery (George A. Hillery, Jr., Definitions of Community: Areas of Agreement, Rural Sociology 20 (1955): and George A. Hillery, Jr., A Critique of Selected Community Concepts, Social Forces 37 (1959): ) as well. Also see George A. Hillery, Jr., The Folk Village: A Comparative Analysis. Rural Sociology 26 (1961): Consult Effrat, 1974 in particular to refute such a limited interpretation. 51. See Chapter Three for more on sociological aspects of regionalism. 52. See Jock Lauterer, Community Journalism: The Personal Approach, 2nd ed. (Ames, IA: Iowa State University Press, 2000), xxi for the statistics reported here. 53. ibid.; note that these ASNE figures reflect the total number of small dailies at the time Lauterer (2000) wrote his book, with circulation numbers determined by the Audit Bureau of Circulations (ABC). Consult the periodical index of a recent edition of the Editor & Publisher

49 34 Yearbook for an alternate source or as an updated resource. Almost 3/4 of those 85 percent, 1055 out of 1258 (small dailies total), have circulation under 25,000. On the other hand, there are only 15 percent of all dailies total, or 231 dailies, that fall into the big dailies classification; the ASNE defines this as dailies with circulations over 50, ibid.; see footnote 53 for numbers used in this calculation. 55. Pritchard, 2000, 4, 30; note that this was a local newspaper of convenience for the author of this book, and that this size is congruent with the standard adopted for this study; 25,000 or above as the circulation size defining a midsize newspaper. 56. This change is from the preferred range of 50,000 to 100,000 that was initially identified on page 8 and based strictly on E & P circulation numbers and implied professionalism. 57. Lauterer, xxvi. See also George T. Kurian, ed., World Press Encyclopedia: Volume 2, 2nd ed. (New York: Facts on File, 2003), 1022; here it is asserted that most weekly papers circulate in areas with too small of a population to support a daily newspaper, which is the rationale for these publications not experiencing the same competition pressures as most dailies. 58. See F. Dennis Hale, Sunday Newspaper Circulation Related to Characteristics of the Fifty States. Newspaper Research Journal 5, no. 1, (Fall 1983): for more. According to Editor & Publisher International Yearbook figures, Sunday circulation exceeded weekday average circulation of daily newspapers in over ninety percent of those carrying Sunday editions. 59. This would explain the special sections devoted to travel, home improvement, automobiles, entertainment, and the extensive number of classified ads, as well as inset advertisements. These would be among the things that define a market-driven and more commercialized edition. Unlike weekday papers, Sunday papers were determined to be not related to regionalism or minority population(s). 60. Jan P. Vermeer, The View from the States: National Politics in Local Newspaper Editorials (Lanham, MD: Rowman & Littlefield, 2002, 1-2); it should be noted that, while his publications defined as medium-size have larger circulation numbers (approx. 25,000 to 50,000 larger, on average) than what this study defines as mid-size, they reflect relative numbers based on a different period (1990s as opposed to 1960s) with higher population. 61. ibid., ibid., ibid., Thomas G. Scott, The Rating Guide to Life in America s Small Cities (Buffalo, NY: Prometheus Books, 1990). Scott takes Editor & Publisher International Yearbook statistics and calculates a penetration index weighing circulation numbers and population figures for cities. 65. ibid., ; Pennsylvania and New Hampshire were the two northern states. This comparison may be deceptive in that no cities from New Jersey and Massachusetts were included in his study, while other states where only one city was included were selectively eliminated for the purpose of this comparison.

50 Vermeer, 9; he notes that they do compete with larger metropolitan dailies, because they pursue the same readers, but that they attempt to provide more localized or regional news than metropolitans, which tend to focus more attention on national news instead. 67. ibid., 16; See also Vermeer, 2002, or Chapter Six for full details. 68. Americans have considered censorship an aberration since the trial of a New York newspaperman John Peter Zenger, who was arrested in 1735 after being accused of publishing articles that libeled a public official. This came after Governor Cosby confiscated four issues of the Weekly Journal (Zenger s newspaper) in November 1734 and ordered that they be publicly burned. David Copeland, The Zenger Trial in Profiles in Journalistic Courage, ed. Robert Giles, Robert W. Snyder, and Lisa DeLisle, 7 (New Brunswick, NJ: Transaction Publishers, 2001). See also Richard E. Labunski, Libel and the First Amendment: Legal History and Practice in Print and Broadcasting (New Brunswick, NJ: Transaction Books, 1987), For example, such instances included cases that addressed the clear and present danger issue, hate speech, and political communication into the 1940 and 1950s. 70. See Schenk v. U.S., 249 U.S. 47 (1919); Abrams v. United States, 249 U.S Decisions the Court would render in future cases such as New York Times v. United States, 403 U.S. 713 (1971) (The Pentagon Papers case) & Nebraska Press Assoc. v. Stuart, 427 U.S. 539 (1976) surfaced to provide still further evidence indicative of expanding First Amendment privileges. 71. Near v. Minnesota, 283 U.S. 697 (1931); Times v. Sullivan, supra. 72. Bill F. Chamberlin and Charlene J. Brown, eds., The First Amendment Reconsidered: New Perspectives on the Meaning of Freedom of Speech and Press (New York: Longman, 1982), ibid., 70-81; Chamberlin and Brown provide an in-depth analysis of these two models. Note that studies examining newspaper coverage are indicative of differences that might be perceivable during the period immediately preceding ( ) the Sullivan case ( ). See also George T. Kurian, ed., World Press Encyclopedia: Volume 2, 2nd ed. (New York: Facts on File, 2003), 1028; this source noted that the 1960s was a decade of massive change for newspapers. 74. Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986), 35. See also Harry Kalven, Jr., The New York Times Case: A Note on the Meaning of the First Amendment. The Supreme Court Review, vol. 1964: 201. What Kalven points out is that many states have not created doctrine, but rather adopted a liberal interpretation of what constitutes libel instead. 75. This for the state of Alabama, where the largest fine penalty for criminal libel is $500. This civil suit award was one thousand times this amount, allowable in a civil suit where that figure was the maximum allowable for a single instance of libel in Alabama. Such a large award in a civil suit was also unheard of, as an unverified source reported that the previous largest libel settlement in any civil case in that state was $45,000.

51 36 CHAPTER II: SULLIVAN, CIVIL RIGHTS, AND THE COURT The previous section provided insight on the journalistic and legal context that existed prior to the New York Times v. Sullivan. Now it will be necessary to clarify the historical relevance of the Civil Rights movement to this landmark decision. The timeline of events began in 1960 and ended in The underlying question behind the Sullivan case involved an issue that the press had too often ignored in previous years racism. 1 The original trial was convened in Alabama, where an atmosphere of racial tension existed, manifested in discrimination and resentment that had been growing rapidly over the years. Racial prejudice existing there and in other parts of the South dates back to before the Civil War era and is still a cultural phenomenon in our present society. What follows is a chronological account of the events that directly contributed to the eventual Sullivan Supreme Court decision in Civil Rights Influence on Sullivan Newspapers across the country were confronted with the task of how to handle coverage of controversial events that manifested themselves predominantly in southern locales, but remained salient to the livelihood of all Americans. The regional characteristic of the Sullivan case is that it featured incidents originating from a southern jurisdiction, more specifically in Montgomery County, Alabama, while involving a northeastern newspaper (New York Times). The libel suit was prompted by a southern official (L.B. Sullivan) based on regionally bound misconceptions and controversy arising from a paid advertisement placed in the Times in 1960 by a civil rights activist group acting as an advocate for Dr. Martin Luther King, Jr. Newspapers across the nation chronicled his crusade, one where Americans living in the southern states had a direct interest in his efforts to rid the country of racial injustice.

52 37 New York Times Involvement Those who supported the Civil Rights movement took note of the protests and what they were led to believe was improper handling of student demonstrators. The New York Times editor wrote a March 19 th editorial piece that was favorable to civil rights advocates in general while urging action from the government and citizens alike. 2 This commentary coupled with previous unfavorable (critical of the South) reporting led many Southerners to dislike the New York Times because they believed it projected a negative national light on the South. The Civil Rights movement and Dr. King received even greater national recognition because of this editorial, which concluded with the following passage: The growing movement of peaceful mass demonstrations by Negroes is something new in the South, something understandable, and also something ominous. Let Congress heed their rising voices, for they will be heard. 3 The descriptive account of the student movement related that the activities began on the Alabama State College campus and concluded on the steps of the State Capitol. As it happened, this editorial ran during the period when a new committee was forming in New York, an activist group set up to raise money for Dr. King and others experiencing pressure or resistance in the South. The editorial effectively acknowledged the demonstrations and supported King's cause, creating an opportunity for the Committee to Defend Martin Luther King and the Struggle for Freedom in the South to take advantage of national publicity. Directing attention toward promotion of their cause, this coalition constructed a full-page paid advertisement that looked like an editorial while possibly misleading readers to believe the content was written by or supported by the Times. The King Committee s advertisement was printed on March 29, 1960, in the New York Times. 4 The earlier cited passage from the March 19 th editorial appeared in

53 38 italic font style within a text box to the right and above the headline in the March 29 th advertisement. The Committee s version was edited to remove the phrase, and also something ominous, the portion that might have a derogatory connotation, inserting ellipse marks instead while electing to repeat the paraphrase Heed Their Rising Voices as the headline in large, bold text. The advertisement implored followers to contribute money, funds to support Black students in non-violent protests, to help Blacks procure the right to vote, and to help King contest a perjury conviction. 5 The advertisement did not appear untruthful or libelous in nature, so the Times editors accepted the submitted ten-paragraph piece as written. 6 The reaction to the first editorial, which could easily be construed as the impetus for the advertisement (in its shared content), was insignificant when compared to the controversy that the follow-up piece later created in Alabama. Inside the body of the Heeding Their Rising Voices advertisement, there were two paragraphs of particular significance to the Sullivan case: 7 [paragraph #3:] In Montgomery, Alabama, after students sang My Country Tis of Thee on the State Capitol steps, their leaders were expelled from school, and truckloads of police armed with shotguns and tear-gas ringed the Alabama State College Campus. When the entire student body protested to state authority by refusing to re-register, their dining hall was padlocked in an attempt to starve them into submission. [paragraph #6:] Again and again the Southern violators have answered Dr. King s peaceful protests with intimidation and violence. They have bombed his home almost killing his wife and child. They have assaulted his person. They have arrested him seven times for speeding, loitering and similar offenses. And now they have charged him with perjury a felony under which they could imprison him for ten years.

54 39 Heeding Their Rising Voices created an enormous controversy in Alabama with its many inaccuracies concerning descriptions of events, as noted in Table 2.1. Table 2.1 Critical review of the advertisement Faults noted by Supreme Court Justice William Brennan in the Opinion of the Court include the fact that: The advertisement stated that... The truth was that... The Black students had sung My Country, Tis of Thee on the Capitol steps. the same students included nine leaders that had been expelled for singing and leading in a verbal protest demonstration there. the entire student body had protested the expulsions by refusing to reregister for classes. the dining hall had been padlocked. the police and national guard had literally ringed off the State campus. Dr. King had been arrested seven times. Dr. King had been assaulted personally, his home bombed, and that Southern violators were responsible. a they had actually sang the National Anthem at the State Capitol instead. their expulsion was due to their demanding service at a lunch counter at the Montgomery County Courthouse on another day. most of the student body had protested, but only by boycotting classes for just one single day. the dining hall was never padlocked. although deployed near the campus three times, the facility was never actually surrounded. Dr. King had been arrested only four times. one of the arresting officers denied any charges of assault; the two bombing incidents took place prior to the start of Commissioner Sullivan s tenure, and that different people were involved then. a Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986), 31. The advertisement overstated the number of times that Dr. King had been arrested, while maintaining that the Montgomery police had repeatedly used intimidation and violence in carrying out their duties. The ad further accused the police of using excessive measures to ring or contain peaceful protest rally demonstrators in Montgomery. 8 The information listed in Table

55 reviews only paragraphs that Sullivan had cited and used (#3 and #6) as evidence to build his case upon. 9 Local politicians were irate, even though only 394 copies of the Times were sent to Alabama newspaper dealers and only 35 had found their way into Montgomery County. 10 Still some local residents felt that the reputation of their state and its politicians had suffered irrevocable damage as a result of its printing. Smolla notes that the New York Times had stirred up a whirlpool of bitter reaction from white Alabamans (sic), 11 leading eventually to a number of libel suits. Many southerners disdained the publicity that prestigious national northern newspapers had afforded the Civil Right movement. Several scholars have noted the growing resentment of such attention, with the most noted media criticism coming from southern public officials such as L. B. Sullivan of Montgomery County, who took offense to the Times advertisement even though his name was not mentioned. The time delay before this commissioner of public affairs, often referred to as Police Commissioner Sullivan in the media, contacted the Times implies he was initially unaware of it. Sullivan later disclosed in court testimony, in fact, that the first time he saw the ad was when alerted to it in the mayor s office. 12 Mayor Earl Jones later filed a separate libel suit himself, following the lead of Sullivan. The reaction of the southern press to the Committee advertisement in the two main newspapers distributed in Montgomery, the Alabama Journal and Montgomery Advertiser, was delivered in a swift and bitter manner. Both published editorials alerting the public to the falsities and unethical nature of the advertisement. 13 Governor John Patterson contacted the Times immediately after the ad was released, claiming that they had accused him of grave misconduct and improper actions as Governor of Alabama. 14

56 41 New York Times Retraction The validity of the statements had not been verified by the Times before publication. Such fact checking would have revealed many inconsistencies (refer to Table 2.1) if compared with clippings from newsroom archives, yet the newspaper maintained they had done nothing wrong. Nonetheless, they printed a formal retraction at Governor Patterson s request as a gesture of ethical professionalism and a display of good faith and respect for its southern readership, while stipulating that the Times editorial opinion was not reflected in the ad content. 15 Until that time the northern press had played a crucial part in the civil rights debate, reporting more fully than ever the savageries used to keep blacks segregated in the South. 16 Pressure for political action amplified and Sullivan demanded that a retraction be printed for him after noticing the Times granted Patterson s request. The Times could not understand Sullivan s rationale, why he felt that he had been libeled or slandered in any manner in the advertisement. 17 His name was never actually mentioned and the person the Times had assigned to investigate the matter wrote Sullivan, stating that they [The Times] were somewhat puzzled as to how you [Sullivan] think the statements in any way reflect on you. 18 When later questioned about responding only to the Governor s retraction request, the Times indicated that the decision was made to apologize only to the State, because only State actions where mentioned in the advertisement, and not the city of Montgomery or any of its members. The Times ignored Sullivan s retraction request because his title, commissioner of public affairs, appeared to have no relevance to the events in the advertisement. The Times incorrectly presumed that the retraction had appeased all disgruntled southern politicians, as Sullivan filed the first libel suit in Montgomery County seeking the full amount allowable in a civil libel suit by Alabama law, $500,

57 42 Many southern bureaucrats were cognizant of the scope and size of the New York Times, a nation-wide paper with circulation of 650,000, and had taken its possible after-effects on public opinion into consideration. 20 Soon Governor Patterson, Montgomery Mayor Jones, the current city commissioner (Sullivan), and three incumbent Montgomery commissioners had all filed lawsuits against the Times. Perhaps the most damaging consequence was an observable trend throughout the South of other officials using libel suits as a form of intimidation and a new way to keep the national press from covering the civil rights struggle. 21 New York Times v. Sullivan and the Courts The following sections chronicle the court history of New York Times v. Sullivan, from its beginnings in district courts in Montgomery, Alabama until its conclusion in the U.S. Supreme Court in Washington D.C. The Original Trial in Alabama In the original case, L.B. Sullivan v. The New York Times Co., no explanation was necessary for the commissioner to prevail, other than the reading of the two paragraphs previously cited and his own testimony in court. Sullivan maintained the comments were libelous and directed against him, substantiating his reasoning on the fact that he supervised the police and fire departments. 22 Commissioner Sullivan s case was also built upon the testimony of six local witnesses offering their impression of the advertisement, those that the defense chose as representatives of the local readership. 23 Also testifying as an expert witness was Grover C. Hall, Jr., the local editor of the Montgomery Advertiser. 24 An argument can be made that this Alabama court, when accepting local residents as a lay reader of a national publication, were regionally biasing this testimony. 25 The close proximity of these Montgomery residents to the plaintiff undoubtedly led to testimony

58 43 confirming their association of the offending two passages with commissioner Sullivan. Under cross-examination none of the six testified to believing the printed allegations, however, with five of the six stating affirmatively that they did not believe them. 26 Sullivan nevertheless maintained under oath that the statements referring to the police actions at the scene impugned his ability and integrity, and had therefore caused an adverse or defamatory reflection upon his character as an individual. 27 Perceived Association: New York Times and Four Ministers An important aspect to consider for media purposes is the fact that the four black ministers and the New York Times were all being sued by the same person, united in a common cause, an involuntary association brought about by Sullivan s legal actions. Both parties were summoned to prove that neither should be held responsible for any loss that Sullivan may have incurred. This involuntary association might be perceived by the lay person (the casual reader or someone not following the case that closely) as an indication that these two parties conspired to libel Sullivan, or that they had political, philosophical, and moral commonalities that were inconsistent with majority consensus of the white-dominated South. Attorneys representing both parties chose different strategies to defend their clients, however. The four black ministers retained three black attorneys willing to represent them, lawyers who took a simple and logical stand in defending their clients position. All four ministers claimed no editorial involvement in the advertisement, while denying that any authorization had been given to use their names in connection with the ad. Their attorneys asserted that because of this, none of them could be held legally responsible or liable for any statements within it. 28

59 44 The New York Times, on the other hand, had a very difficult time finding an Alabama lawyer who would agree to represent them in the trial. Most of the prestigious Montgomery and Birmingham law firms would not touch the case. The Times finally retained T. Eric Embry of Birmingham, a lawyer who had also shown the courage to take on blacks as clients in the past. 29 The Times sent their regular New York City attorney, Louis Loeb, down to Montgomery to monitor and follow the case. The animosity against the Times was so intense that when Loeb arrived, Embry took the extra precaution of registering him into motel room under an assumed name. 30 Regional Bias as an Influential Factor The trial for the original civil lawsuit, L.B. Sullivan v. The New York Times Co., began on November 1, 1960 and was expeditiously processed. The verdict appeared to have been predetermined by many because the courthouse locale in Montgomery County, with a large number of regional factors evident in Table 2.2A and Table 2.2B effectively working against the Times. 31 Sullivan had strategically added only the four black ministers from Alabama among the 84 people listed as endorsees in the Heeding Their Rising Voices advertisement, effectively quashing any request for a change of venue away from jurisdiction within the Alabama state court system. 32 Grounds for dismissal of the original case could not be granted for that reason and a change of venue was not allowed. This made it possible for Sullivan to build a stronger case near his hometown constituency, and the trial proceedings favored Sullivan s side because of this factor. Refer to Table 2.2A for the significance that retaining a southern and local court venue had on the eventual outcome.

60 45 Table 2.2A Original Sullivan courtroom proceedings: Part I Regional biases in the courtroom environment included: The judge was Walter B. Jones, author of a publication entitled The Confederate Creed, a southerner proud to call himself a Confederate who kept a Confederate flag in the corner of his courtroom. a It was a courtroom moderated in non-acceptance to the outcome of the Civil War, a stuffy chamber of Southern jurisprudence. b Jones was in fact very controlling, emphasizing that the Fourteenth Amendment has no standing in this courtroom. c A courtroom that was thick with racial prejudice, d evident in the judge's local animus toward uppity Negroes and outside agitators. [that] was palpable and stifling. e A jury that was of an all-white racial lineage, with half of the jurors in the jury box wearing some clothing consistent with the fashion of Confederate uniforms. This pool of jurors had been screened and selected on shared juries before, a situation that was not a random draw, but instead just made to appear that way. f Procedural biases included: Judge Jones instructions to the jury, that the ad s statements were libelous per se. g Jones instructions to all parties, that only witness testimony in person would be allowed, a move that favored the local plaintiff as a matter of convenience, given the venue. Jones granting of the request by Sullivan s attorney (Embry), that required the Times to produce articles for the past five years that mentioned or involved race relations in Alabama, a monumental task that burdened the defense. h Note: This table provides evidence that the trial location, a Montgomery, Alabama courthouse, had a substantial affect on the outcome of the original case. a Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986), 32; and also Frances Wilkinson, Joan Konner, Harrison Salisbury, and Floyd Abrams, Essential Liberty: First Amendment Battles for a Free Press. (New York: Columbia University School of Journalism, 1992), 51. b Wilkinson, 54. c ibid., 51. d Smolla, 26. e Wilkinson, 34. f Smolla, 33; Wilkinson, 51; Montgomery dailies had pictures of the jury published, with names and addresses of each member of this blue ribbon jury, as the press referred to it, used for multiple cases together. g Wilkinson, 48; this was a judicial determination, where the judge construed the meaning as inherently libelous. h This supports the contention that the newspaper would have probably not have found contradicting clipping if a fact check had been performed on the advertisement, because they were not conveniently situated for easy access.

61 46 Table 2.2B Original Sullivan courtroom proceedings: Part II Discriminatory actions by the judge included: Jones beginning of the trial by declaring that, in keeping with the common law of Alabama, and observing the wise, time-honored customs and usage s of our people, there will be no integrated seating in this courtroom. The seating arrangements called for black spectators to have distant seating, segregated according to their race, this being for the orderly administration of justice and for the good of all the people coming here lawfully. i Judge Jones always addressing Sullivan s attorneys using Mister preceding their last names, but neglecting to do so with the black attorneys present, interjecting Lawyer before their last names instead. j Jones allowing one of Sullivan s attorneys to use the term nigger repeatedly. k Note: The source of this information is Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986) and illuminates on the affect the Alabama jurisdiction had on the outcome of the original case. i Smolla, 32. j ibid., 32-33; they were also segregated, seated at separate table based on race. k ibid., 26. Judge Walter B. Jones began the original court proceedings by noting that he intended to continue the trial of this case under the laws of the State of Alabama, and not under the XIV Amendment, and in the belief that the white man s justice,... will give the parties at the Bar of this Court regardless of race or color, equal justice under the law. 33 This was a pivotal statement against a newspaper that had printed a pro-black movement advertisement and four black ministers, who were the co-defendants in this case. The Times defense strategy focused on the allegedly libelous content, rationalizing that the advertisement in no way referred to Sullivan, nor had it charged him with any misconduct in his office. As a secondary line of defense, an argument was made that, because the Times exercised no editorial control over the ad content. The Times accepted the ad in good faith from the King Committee and had no reason to suspect anything contained within was false or incorrect at the time it was printed. 34

62 47 Their attorneys maintained that the Times should not be held responsible for incorrect facts published in a paid advertisement, regardless, and that any liability for inadvertent mistakes should be attached to those who had composed the text (members of the King Committee) and not personnel from the Times. 35 The retraction that the Times printed for Patterson was construed as a form of backing down however, with the Alabama jury seeing it, to some degree, as an admission of guilt. 36 An argument from Sullivan s attorney was offered that, if Times employees had checked past news archives beforehand, they would have found information in their own records. This assertion was never verified with evidence, however, with local jury assuming that materials contradicting details in the advertisement were readily available for such fact checking. The Times defense argued that this alleged negligence does not qualify as reckless or malicious conduct in their closing statement, and asked the jury to take this into account. Their attorney continued further by asking that, if indeed the verdict was against the Times, the jury should consider a reduction in the damage amount. 37 The Alabama jury, however, did not agree with either defense strategy and also ignored the Times request for a reduced settlement. Montgomery Trial Outcome After deliberating only a few hours, the Alabama jury decided that Sullivan was entitled to the full $500,000 in damages. This dollar amount was more than ten times larger than the largest award from any past Alabama libel case. 38 After the judge rendered the verdict, some press members inferred that the state had taken a stand in opposition of the Civil Rights movement with its ruling. This implication was made because activists from the King Committee were involved in writing the advertisement. In its conclusion, this trial outcome united racial activists and supporters of Dr. Martin Luther King Jr. (which included the four ministers), bringing them into alliance with the New

63 48 York Times in seeking an appeal. The issues of civil rights and freedom of the press had been intermeshed in a common cause in more ways than one, providing an ample constitutional basis to justify the later Times-Sullivan ruling by the U.S. Supreme Court. Alabama Supreme Court Appeal The Alabama Supreme Court sustained the original decision, when first appealed. Damages were presumed while not specified, which allowed the Alabama Supreme Court to uphold the decision. The court also contended that the award ($500,000) was not excessive because of the actions taken by the New York Times in the matter. Another Alabama trial then concluded, creating another incentive to proceed in the appeal process. This second libel suit ended with another $500,000 awarded to the Mayor of Montgomery, Earl Jones, in a separate decision against the Times. 39 The Times then elected to retain an outside legal consultant knowledgeable in constitutional law, contacting Herbert Weschler, a professor at the Columbia University Law School. The general impression was that the Times had compromised its chance of winning an appeal, however, and management was also reluctant to proceed further because of growing legal expenses. 40 The Times leadership was ready to admit to a costly mistake before they acquired Weschler s services, but the second judgment against them altered their decision by convincing them to file an appeal anyway. The Times kept Weschler in employment as a legal advisor for the appeal. Assessment of Alabama State Supreme Court Ironically the circumstance that almost cost the Times millions of dollars was the printing of a retraction for an advertisement it had not written, an ethical decision on their part, and then refusing to print a second one for Sullivan. The Alabama Supreme Court opinion emphasized

64 49 that The Times printing of a retraction for Patterson, even though he wasn t mentioned, inferred their guilt or malice. 41 Furthermore, that opinion asserted that The Times felt that since Patterson held the high office of Governor of Alabama and believed that he had been libeled, they should apologize, with the logical conclusion being that they should have printed one for Sullivan also. 42 It was not until the case reached the federal courts that corrective action negating the Sullivan award and subsequent libel decisions took place. The U.S. Supreme Court Appeal A supposition of malice on the part of the Times was assumed in the Alabama trials, with the newspaper s attorneys electing to appeal the decision to the U.S. Supreme Court. The justices were faced with the task of ascertaining the circumstances surrounding the incidents which had occurred in Montgomery County, before determining if a libelous action had been committed or not. Supreme Court Chief Justice Earl Warren felt the Times should never have been found guilty before examining these details first. The Court set a precedent by issuing a writ of certiorari to review the state judgment in a civil libel suit for the first time in history. 43 Therefore, an extensive review of the facts contained in the advertisement was performed during the Supreme Court appeal, with Justice Brennan offering a lengthy, detailed analysis during his majority court opinion. Final Decision: Times-Sullivan Rationale Kalven marks this decision as the first time in the Court's history that the constitutionality of the Sedition Act, which had been enacted 166 years previously, was squarely addressed. 44 Any public official suing the press from that point on would require a higher standard of proof of fault in order to prevail in a lawsuit. The Supreme Court interpreted that the Constitution prohibits a public official from recovering damages for a defamatory falsehood relating to his

65 50 official conduct unless he proves that the statement was made with actual malice that is, with the knowledge that it is false or with reckless disregard of whether it was false or not. 45 The New York Times v. Sullivan (1964) case was a landmark decision because the Supreme Court defined the First Amendment application with respect to seditious libel. While the First Amendment specifies that Congress shall not abridge freedom of speech or of the press, just how the Court might apply this to libel/defamation lawsuits was as of 1964 still unclear. The Court went into much further detail in the appeal to uncover the truth behind the incidents described in the advertisement and later printed in the New York Times. Along with Justice Brennan s extensive review, which affirmed that the ad contained errors that the Times could not be held responsible for, there were other factors the justices took into consideration. The U.S. Supreme Court review revealed that there were many misleading facts in the advertisement the Committee had submitted to the Times, with these discrepancies previously cited in Table 2.1 (see page 40). The Justices determined that the defendants received unfair treatment in the southern court. The justices also felt it was necessity to allow room for error in any publication of information concerning public officials. 46 Their conclusion was that the jury selected for the Alabama State trial was biased and influenced to deliver a verdict in favor of Sullivan. The Court used this opportunity to give a serious interpretation defining what constitutes libel and what parameters are significant considerations. 47 Using the First Amendment and the Fourteenth Amendment as their rationale, the U.S. Supreme Court overturned the controversial libel suit ruling on appeal from the Alabama Supreme Court. Chief Justice Warren took it upon himself to unite the Court in approval, a 9-0 vote that sent out a more authoritative message in that the Court was in unanimous agreement concerning this constitutional decision.

66 51 Justice Brennan referred to the Brandeis opinion in the Whitney case when stressing the importance of a different principle as justification for reversal in the Sullivan court opinion, that a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open. 48 Brennan's opinion went on to elaborate that the Times advertisement was an expression of grievance and protest on one of the major public issues of our time. 49 The Court reversed the Alabama ruling because the law looks too much like punishment for seditious libel, not because there was so little evidence of substantive harm [to Sullivan] in the text of the Heed Their Rising Voices advertisement. 50 Analysis of the U.S. Supreme Court Decision After the original Alabama decision was rendered in 1960 a number of other libel cases were taken out against the Times by those whose name(s) had not been mentioned in the ad either, but who also felt that the state s reputation and their political character in general had been compromised. As a result, many observers construed the Court s reversal as a broad response against the growing number of libel suits against the media following the original Alabama trial decision in Sullivan. While Kalven noted this monetary impact to be another $2.5 million in pending cases, another later account documented that this figure had quickly mushroomed to as much as $300 million in a short period of time. 51 This exorbitant amount was what some scholars perceived as a calculated move on the part of Alabamans to drive the New York Times out of their state and possibly rid them of the troublesome opposition that this advocate of the Civil Rights movement represented. 52 The New York Times had indeed incited national public interest in civil rights, effectively attaching political importance to a case that already represented a constitutional challenge to free speech, while the pending libel suits succeeded in temporarily intimidating the national press. The fines

67 52 imposed (if allowed to stand) were far too large, to the extent that they would inevitably have an inhibiting or chilling effect on the press, a form of self-imposed prior restraint per se, while also forcing an elite northern newspaper (the New York Times) into possible bankruptcy. This was an important consideration for the Supreme Court justices, one that invariably had some influence in prompting the Times-Sullivan precedent. Reaffirming press freedom(s) was necessary because of the growing number of libel laws against the press, as politicians had found ways to effectively neutralize constitutional law by substituting rules of tort (state laws) instead. The First Amendment and the progress of the Civil Rights movement would have both been compromised without these special circumstances to induce the justices to action. The ruling changed the history of both dramatically, while adverse consequences may have altered the current effectiveness of either in different circumstances. 53 Times-Sullivan Ruling: Contributing Factors The U.S. Supreme Court did not question whether the Alabaman courts had acted with impropriety in their judgment(s), recognizing that this state had incorporated limits to certain kinds of expression in their state law. Other scholars such as Kalven were quick to note, however, that the judicial observation of the Alabama Supreme Court was that libel is beneath constitutional protection. 54 While not directly attributed in the court opinion, this defiant comment by a state justice may have had a subliminal influence. The Court had also found upon reviewing the previous court transcripts that there were numerous improprieties that reflected bias on the part of original trial judge (Walter B. Jones) and in the subsequent state appeal as well. Either of these could have served as the justification for reversal, remanding the case for a retrial in a new jurisdiction, but as was previously mentioned, the Court chose to address the broader, more poignant constitutional challenge to the First Amendment instead.

68 53 Constitutional Grounding: The Fourteenth Amendment The Supreme Court chose to take a stand against state libel laws (torts) that were being used to contravene constitutional law. Using the due process clause as the legal rationale for a state s lack of authority to supersede rights guaranteed in the U.S. Constitution (in this instance the First Amendment), the justices set a precedent by ruling that the libel laws of many states were currently in violation of the Fourteenth Amendment. The Court emphasized here that the U.S. Constitution is the ultimate legal authority concerning matters that involve the rights guaranteed within it, and specifically not any state constitution or state law. This identifies the primary issue created in the Sullivan case, a state-federal law conflict that the Court addresses and cites when reminding the states that no state law (or libel tort) can limit a person s guaranteed constitutional rights. State legislatures do have the authority to extend First Amendment rights to either the press or individuals, although this is an infrequently used power where libel is concerned. Some instances where states have extended rights include access to public information (open record laws) and protection of the press from revealing their sources (shield laws). Supreme Court Alternatives in Times v. Sullivan Initially, the Supreme Court ruling was mandated because of what the alternative would have been, allowing for the overriding of a fundamental Constitutional right in the suppression of the press. The consequences of not overturning the original verdict were an incentive for the justices to act accordingly. Rejecting the appeal would be construed by the media as a prejudiced stand against the Civil Rights movement and the black race being taken by federal government officials, since the Supreme Court represents the nation on legal issues. Not

69 54 reversing the decision could also be considered unethical, and any punishment imposed upon the ministers would be viewed as unjust. The Times-Sullivan ruling was an easier judgment for the justices to make in light of the message that would have accompanied the alternative rationale, the condoning of censorship by denying the fact that the King Committee had any right to express its viewpoint, further enhanced by the punishment of innocent/involuntary bystanders (the ministers involved). Impact of the Times-Sullivan Ruling The Times-Sullivan ruling limited the privacy with respect to media coverage a public official such as Sullivan or any private person might be afforded, clarifying any misconceptions that the Constitution guarantees privacy rights, as well. The Constitution contains no specific clause(s) dictating privacy rights, even though many had interpreted certain privacy rights as granted through the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Instead, the Court identified privacy as a liberty interest, not a constitutionally-grounded fundamental right. This privacy privilege must be considered in combination with the need to define what amount of privacy an individual enjoys before construed as voluntarily thrusting themselves into the limelight. 55 Individual privacy in the lives of public officials can be compromised when attracting media attention that the Court ruled as sufficient to contravene their liberty interest, in that their conduct might be of public concern. The Court is left with the task of balancing individual privacy interests against the public s right to know about the activities of these public officials. The latter interest is justified by the fact that the public has a right to know how their (government) money is being spent. Also of concern in a true democracy is whether those empowered to represent the country are performing their duties in a proper manner, one that reflects the character and values of the nation and the people. Daily newspapers serve to

70 55 inform the public, assuming the role of a watchdog. The press media provide accountability to the governmental system, a situation where no one is above the law, so to speak. Perceived Impact by Southern States In summary, the Supreme Court chose to adopt a new approach to free press and libel cases, declaring the Sedition Act unconstitutional while providing a clarified interpretation of the First Amendment. The justices of the Court interpreted here what issues are not federal in nature and are therefore conferred to local jurisdiction through the Ninth Amendment, which relinquishes all that is not proscribed in the Constitution to state authority. Their ruling was that the Alabama courts had violated First Amendment principles and, therefore, were in violation of the Fourteenth Amendment. 56 Nevious conducted a content analysis of state supreme court decisions involving libel and free speech issues, specifically using the New York Times v. Sullivan decision as the delineating influence. According to this study, literature exists to suggest the state courts of the Deep South found the law of defamation to be an effective muzzle against adverse commentary during the Civil Rights movement. 57 Using decisions from state courts, the analysis found evidence that the Sullivan decision did not live up to its promise to give freedom of speech the breathing room it needs to survive. 58 Summary of the Impact: Press Media and Free Speech Nevious determined that the pre-1964 courts seemed to be using defamation law in the manner of seditious libel, or to effect the suppression of speech. The post-sullivan effect was found to sway the advantage in libel cases from the plaintiff to the defendant, whether media or non-media, creating a greater likelihood for defendants to prevail at the state supreme court level. The Court ruling in Sullivan effectively empowered the press with more protection from

71 56 damages in libel suits, an additional shield against prior or self restraint that might quash otherwise valuable information that the public had a right to know. For the first time the Supreme Court offered a thorough definition of the First Amendment and its central meaning, clarifying questions related to libel liability and defamation with respect to public officials. According to Kalven, The theory of the freedom of speech clause was put right side up for the first time. 59 In doing so the Court reaffirmed the necessity of maintain a maintaining a robust, free press, a precedent the Court had made in Near v. Minnesota (1931). 60 The argument was that there is a substantial, compelling interest to keep the public informed concerning the conduct of public officials. The Court maintained that there must be no hindrance or prior restraint that might have a chilling effect when reporting of issues that are of public interest. An important observation is that these justices likened the newspaper s role in this respect to that of a watchdog in their court opinion as well, emphasizing the press responsibility to maintain accountability over those in a public position of authority. Times v. Sullivan Case Overview The remainder of this chapter will establish the legal perspective that preceded the Times- Sullivan ruling, a brief overview of libel law and constitutional issues that were a cause of controversy in the Civil Rights movement. Kalven recognizes that there were many issues intertwined in this case, while stressing that the Court was indeed correct to reverse by relying on the Fourteenth Amendment. The alternative would have permitted the concepts of state law to control constitutional scrutiny. 61 The consequence suggested here is that the New York Times case is significant on two levels, with Kalven observing that that the Justices actions once again supported the notion of a two-level theory of the First Amendment. 62 The first and most

72 57 apparent level is the underlying rationale that represents a major contribution to free speech theory. This was accomplished through the Court s authoritative declaration of seditious libel as unconstitutional, rationalizing freedom of the press and the promotion of a wide-open, robust debate as key elements of First Amendment policy. The second level is more contiguous to the current research, in that the Court identified a constitutional dimension to what had long been regarded as a purely private law matter left to the common law of each state. 63 Summary of Sullivan Decision and Case Review In conclusion, the legal impact of the Times-Sullivan ruling, also known as the actualmalice rule, does have relevance with respect to freedom of the press and its impact on newspaper editorial decision-making discussed as discussed at the end of Chapter One. The Times-Sullivan ruling dictated that First Amendment protection includes comments directed at officials of the government in the court opinion, having a profound impact in overriding the import of tort law(s) of defamation. Evidence exists that the Court acted in such a fashion so as to protect the livelihood of the newspaper industry during a time when at least one major newspaper (The New York Times) would be in serious danger of bankruptcy if libel suits pending against it were allowed to stand. 64 Kalven recapitulates that the Alabama courts had not created any special rules of law in the New York Times v. Sullivan case, but rather that the court simply chose to enforce tort law already in the books to the fullest extent. Such judicial handling merely added relish to state law, changing the judicial taste at the highest level with the eventual outcome. 65 The significance here is that such an action, one where the federal law superseded state tort(s), created what can be perceived as a direct challenge to the Southern tradition of preserving state sovereignty while undermining state governmental authority in that region.

73 58 This struggle over jurisdiction and power between state and federal judicial authorities was intensified in the South by racism and segregation issues, with these southern ideals deeply embedded in the minds and souls of those living in civil rights hot spots, the major cities in Mississippi and Alabama. Racism and the Civil Rights movement were at the heart of the issue in the Sullivan case, while the legal events that transpired in the Sullivan case might be viewed as actions that represented an elaborate petition for redress of grievances. 66 After establishing the background of the New York Times v. Sullivan case and alluding to the social climate surrounding the media events that transpired, the key factors considered need to be identified. Those influences that affected public perceptions are useful points of reference for establishing qualitative criteria for a content analysis of regional newspapers, the primary research of this study. These causal operatives were the Civil Rights movement (Martin Luther King, Jr., student protests of segregation, the Committee), a paid advertisement containing criticism of a southern public official/governmental agency (Sullivan, Montgomery County police), a major northern newspaper publishing company (the New York Times), a southern state judiciary system (the Alabama state courts), and the federal justice system (the U.S. Supreme Court). The next section introduces previous court cases involving the Civil Rights movement and freedom of the press in order to place the Sullivan case into legal context. Chapter Three then introduces regionalism theory to rationalize discernible differences between northern and southern reaction to these decisions by the public and by newspapers, which focus on the sociological, political, and economic aspects of regionalism while highlighting their influence on newspaper content. This includes an historical perspective concerning libel and free speech that elaborates on the significance of regionalism as it directly relates to the Sullivan case.

74 59 The Courts and Civil Rights This section places the Civil Rights movement into perspective with the Sullivan case, by first pointing out that several Supreme Court cases that preceded Sullivan had contributed to racial and regional tension in the South that affected the events and court proceedings throughout the study period. An investigation of Times involvement in civil rights coverage found that it offered more negative accounts of desegregation and sit-in incidents that reflected unfavorably on the South than other national papers. Three co-authors argued in the DePaul Law Review that the original Sullivan trial and the subsequent appeal cases must be considered in the context of the Civil Rights movement, the news media, and white Alabama s campaign of massive resistance in order to be fully understood. 67 The Civil Rights Movement While this study s media events began with the publishing of the Heed Their Rising Voices advertisement and concluded with the final U.S. Supreme Court decision almost four years later, the social context developed after World War II as the Civil Rights movement gained momentum. President Truman's establishment of the 1946 Committee on Civil Rights initiated action for change, followed by what has been perceived as the most dramatic and important step towards equalization in the twentieth century: the 1954 Supreme Court decision in Brown v. Board of Education. 68 It took 58 years for the Court to rule that the doctrine of separate but equal had no place in the field of public education, reversing Plessy v. Ferguson by declaring school segregation as an unconstitutional practice in Brown. 69 Brown v. Board of Education (1954) The Court s premise in Brown v. Board of Education was that separate educational facilities are inherently unequal. The Court identified the separate but equal standard put

75 60 forward in Plessy as unacceptable, in that it unfairly served the general interest of the majority. 70 The Court s rationale was that separate education facilities are a violation of the equal protection clause of the Fourteenth Amendment. The Brown decision sent accelerating shock waves across the South, while serving to inaugurate the modern civil rights era. 71 The South found itself on the defensive concerning national public opinion, with the Court and outside media aligned against it, finding consolation and support from only a few effective political allies and local media from within the region. Montgomery Advertiser editor Grover Cleveland Hall, Jr., waged a verbal warfare with Yankee newspapers concerning segregation stories that relate to Brown, although he unwillingly conceded that the New York Times was keeping the nation accurately informed about these southern stories. 72 Nonetheless, there were a few instances several years later that marked precedents and were noted by the media, particularly gaining attention in northern newspapers such as the Times. Many northern school districts were also failing to comply with Brown, yet most received much less media attention, however, in all but the national newspapers and within the local section(s) of the most dedicated regional publications. 73 Brown v. Board of Education and Newspapers As previously asserted, the Supreme Court decision viewed by many scholars as having the most significant early impact on the Civil Rights movement was Brown v. Board of Education, the landmark case where the Court ruled that racial discrimination in public schools is unconstitutional. 74 The Weill study investigates how editors among twenty daily Mississippi newspapers handled this event in their publications. 75 Findings indicate that the consensus among these daily press editors regarding Brown was that Mississippians were not prepared for

76 61 the reality of a racially integrated society, that they felt the public would not be inclined to readily accept the Brown decision. Furthermore, that study found the opinion of these editors to be that national civil rights were effectively supplanting states and individual rights in this instance. 76 The study results indicate, however, that the majority of these same editors chose not to react to Brown with opinion columns within two weeks following the decision. The supposition presented to explain such non-responsiveness from these southern editors was the general attitude that words seemed futile against a Supreme Court decision, with this instance viewed as another token attempt at social change. 77 The Significance of Brown Regardless of its immediate legal impact, the Brown ruling has significance to the current study in the way that the press chose to handle their coverage of this Court decision. The social and cultural repercussions of civil rights mandates such as Brown threatened the status quo, making such decisions newsworthy and one of the ongoing sagas of the 1950s. 78 Many southern editors elected to provide front-page coverage of the case while attacking Brown directly in their editorials beforehand, perhaps in an effort to effectuate their desired outcome. Bramlett-Solomon stresses the fact that the ensuing anti-segregation demonstrations drew varying press reactions across regional lines, however, with newspapers in the South identified by many scholars as less dependable in reporting demonstrations outside their local area than regions elsewhere. 79 Public Reaction to Brown in Alabama The response from Southern states was the organization of defense networks against the inevitable, by organizing a campaign known as the Massive Resistance. 80 The Civil Rights

77 62 movement was propelled into the media limelight, made famous by events such as the Montgomery County bus incident involving Rosa Parks, who was arrested for ignoring an ordinance that designated white-only seating in the front of buses. 81 A young Black minister, Martin Luther King, Jr., and others organizing a bus boycott in response to her incarceration that lasted for almost thirteen months. 82 Montgomery Mayor Gayle and other city officials responded in March 1956 by indicting over ninety Blacks for various protest-related crimes, including twenty-four ministers. 83 The Montgomery Bus Company was eventually forced to accept integration due to lost revenue and a Supreme Court decision, the first major successful outcome that bolstered King s dedication to campaign for equal rights for minorities. 84 The Federation for Constitutional Government Southern politicians responded with the formation of the Federation for Constitutional Government, an alliance of political leaders from twelve southern states that met in Memphis for a two-day summit the last week of Plans for the meeting had not been disclosed to the press or made public, with Senators James Eastland of Mississippi and Strom Thurmond of South Carolina among the notables in attendance. The meeting was scheduled to strategize how to fight racial desegregation in the South. A Southern newspaper, the Commercial Appeal, exposed the secretive gathering with a story entitled, Federation For Constitutional Government is Designed to Build Up Effective Force Against Integration. 86 The group concluded that the best tactic was for states to establish watchdog commissions capable of going head-to-head with the federal government something akin to a secret police force answerable only to the good white men of the South. 87 Eastland asserted that the Supreme Court had committed a monstrous crime with the Brown decision, one that posed a clear threat and present danger to the very foundation of our

78 63 Republican form of government. 88 Senator Eastland co-authored a Southern Manifesto in 1956 which ninety-six congressmen throughout the South signed, declaring the Supreme Court decrees concerning integration unconstitutional. 89 This new coalition had been inspired by what many southern politicians perceived had been a disastrous outcome in the 1956 presidential election, one where voting for the Democratic Party had been underrepresented in the electoral college. This was the beginning of a political shifting in the South that is discussed in further detail in the political regionalism section of Chapter Three. Mississippi State Sovereignty Commission Another exemplification of southern reaction to the Civil Rights movement was the formation of the Mississippi State Sovereignty Commission in March The Sovereignty Commission was created by a state government to resist challenges to racial inequality. 90 Mississippi was the first to use the word sovereignty in naming its anti-civil rights commission, one that quickly became the most active pro-segregation and pro states rights governmental agency throughout the South. 91 Its duty was to do and perform any and all acts and things deemed necessary and proper to protect the sovereignty of the state of Mississippi, and her sister states, from encroachment thereon by the Federal Government. 92 The Sovereignty Commission sought ways to sell the virtue of Mississippi's segregated way of life in the North. 93 Katagiri proposes that this Commission effectively resurrected a theory of states rights constitutionalism in defense of the state s segregated way of life. They accomplished this feat through public relations activities that advocated opposition to desegregation. Dickerson observed that the Mississippi media in the 1950s was for the most part a monolithic force united behind the efforts of the Commission. 94 The media followed

79 64 guidelines set by the Sovereignty Commission, effectively establishing a solid oppositional front to integration as part of newly-elected Governor Barnett s campaign. The Commission produced supportive resistance to the Brown decision and the Movement through the contention that the demise of states rights is a defense that justifies racial segregation policies. This strategy was employed to offset Mississippi s backward and lawless were attributed in part to the South s lower literacy rate and its high number of vigilante lynchings in comparison to other regions. 95 The New York Times in 1960: Perceived Bias for Blacks. Cumming notes that the Times had deep and tangled roots in the South, that dated back to before the Civil War. 96 Some southerners claimed northern news sources promoting the battle for desegregation in Alabama (King s crusade) were biased against the South. From their viewpoint, the North s petulant attitude passing judgment on regional neighbors was perceived as a malign northern invasion [that] disturbed their cherished goal of preserving a strong southern tradition. 97 What many studies and articles investigating these biases have ignored was the March 19 th New York Times editorial that provided an incentive for the Committee advertisement, which in turn led to the Sullivan libel suit. That editorial, in its wording, was the impetus that inspired a quick response from the Committee in order to fully take advantage of a special opportunity to align their cause with the New York Times. Many historical accounts about Sullivan were conglomerated in Essential Liberties, a book containing essays written by those associated with the Times and focusing on the impact of the decision. The inside vantage may have impaired the judgment of many assessments concerning the relevancy of the earlier Times editorials accordingly. 98

80 65 Profound Impact of the March 19 th Editorial The feature editorial on March 19, 1960, was entitled, Amendment XV. 99 The article began by offering readers the full text wording of the Fifteenth Amendment and then referring to the civil rights bill pending in Congress. The newspaper maintained this 1960 law would have little meaning as presently drafted, because it lacked a statutory method of materially advancing the Negroes right to vote in all elections. The editorial voice was decidedly pro-constitution in its statements of urgency, the preservation of those freedoms guaranteed as the clear intent of the Constitution. 100 An ironic statement, because of what would later happen with Sullivan, was included in this passage: It ought to go without saying that this freedom must extend to local as well as Federal elections. It would be preposterous had Congress approved a proposed amendment to the House bill that would have the effect of helping Negroes vote for President but not for county commissioner. As Attorney General Rogers stated yesterday, to exempt state elections would be an open invitation for the establishment of segregated elections for state officials, thus denying Negroes their clear constitutional right to vote without discrimination. 101 The editorial finished with the passage repeated in the advertisement and cited earlier in Chapter Two (see page 38). A closer look at the accompanying content of that same edition reveals that this was an editorial response to two dominantly placed front-page news articles. 102 The top news story concerned voting rights legislation, while the second, more poignant (to the editorial) article was entitled, Negroes In Black Belt Say Vote Law Won t Aid Them. Both were continued inside on page eight, which was a full page in the Saturday issue devoted to voting and civil rights issues. 103 The regionalism in editorial content framing and the intended target audience of this page was easily discernible. 104 The Times included a photograph and article about Emanuel Celler, a local congressman for South Brooklyn and Queens, and his efforts towards civil rights on this

81 66 page.105 This page devoted to civil rights coverage also contained eight press agency briefs that dealt with sit-in related news incidents occurring that week. 106 The relevance of this was the framing of a New York politician as actively supporting civil rights through his actions, emphasizing its significance by positioning it next to articles concerning unfavorable opposition to civil rights from various southern states. Southern Attitude of Northern Media The New York Times aggravated the situation in the South in mid-april when Harrison E. Salisbury wrote a front-page news story under the headline, Fear and Hatred Grip Birmingham. 107 This coverage of civil rights events by the Times, most particularly beginning with the March 19 th editorial and extending into the next month, is inextricably linked to the Times-Sullivan case through the reaction created in Alabama. One former commissioner, Eugene Bull Connor, had a history of defiance to federal authority that reflected the embodiment of the South and the typical attitude of most southern officials with respect to any outside intervention into legal affairs and law enforcement. 108 He immortalized one southern view with his comment that the trouble with this country is Communism, Socialism, and journalism. 109 Significance of Southern Court Venue Smolla asserts the original Sullivan decision in Alabama was an expected outcome from that venue, identifying it as a product of the jury s prejudice against what was perceived as a liberal New York newspaper s officious meddling in the traditional regime of white supremacy in Alabama. 110 This observation takes into account that the jury was all-white, while referring to the outcome as the venting of rage against the Times, the Northern enemy that was yet to receive a virtual guerilla war of libel attacks forming against it in Alabama. The verdict was

82 67 viewed as representative of the special antipathy that the community of Montgomery, Alabama felt for aggressive blacks and their Yankee fellow travelers. 111 While the racial and regional prejudice exemplified in Alabama was stereotypical of neighboring states such as Florida, resistance to Brown and non-compliance with the 1957 Civil Rights Act was most evident in Alabama and Mississippi. 112 Warren observed the hostility of Mississippians who resented movie-makers and journalists who were viewed as randomly critical of the South. 113 They were in fact suspicious of the outlander and the New York press. Warren recalled an instance where he saw a southern newspaperman speak out against these northern pressmen, exclaiming Well, by God, it s just a fact, it s not in them not to load the dice in a news story! 114 Warren captured the sentiment of the South in the following passage: There are other people whose eyes brighten at the thought of the new unity of the South, the new solidarity of resistance. These men are idealists, and they dream of preserving the traditional American values of individualism and localism against the anonymity, irresponsibility, and materialism of the power state, against the philosophy of the ad-man, the morality of the Kinsey report, and the gospel of the bitch-goddess. To be Southern again: to recreate a habitation for the values they would preserve, to achieve in unity some clarity of spirit, to envisage some heralded image of their own identity. Some of these men are segregationists. Some are desegregationists, but these, in opposing what they take to be the power-state implications of the Court decision, find themselves caught, too, in the defense of segregation. And defending segregation, both groups are caught in a paradox: in seeking to preserve individualism by taking refuge in the vision of a South redeemed in unity and antique virtue, they are fleeing from the burden of their own individuality the intellectual rub, the moral rub. 115 As Warren observes, Yes, there many kinds of rub, but I suppose that the commonest one is the moral one the Christian one, in fact, for the South is still a land of faith. 116

83 68 State vs. Federal Power Struggle Some political scholars have devoted their research to political unrest within America, what many view as a power struggle in the South that began before the Civil War and persisted into the 1960s. This has extended to the judicial level as well, with the U.S. Supreme Court having a documented history of challenging the authority of states since Regardless of the cause, problems that Reconstruction in the South did not resolve led to a situation where many judges and politicians alike perceived the South as the region where power confrontations most often manifest themselves to the public eye. Supporting evidence exists in Supreme Court logs of First Amendment cases, with the connecting issues being the right to freedom of association and the Court s advocacy of illegal action (political activism). 118 The First Amendment prohibits passing laws that would abridge the freedom of expression, association, and religion. Before the Civil War, however, the perceived free speech privilege in southern states was limited in comparison to those rights extended with the passage of the Fourteenth Amendment. The relationship of this to Sullivan is discernible through the legal justification for overturning the Alabama Supreme Court decision, when the U.S. Supreme Court justices asserted that there is federal jurisdiction that allows them to consider state actions in instances of conflict with rights guaranteed in the U.S. Constitution. The Fourteenth Amendment and Civil Rights The Fourteenth Amendment has been a perennial nuisance to southern justice since its installment, as evident by the historical reason for its necessity. Without it, there would have been a loophole for the southern states to avoid adherence to the abolition of slavery as dictated in the Thirteenth Amendment. 119 While the Thirteenth Amendment specified that Congress had the right to enforce abolition, it was the Fourteenth Amendment that specifies the

84 69 power of Supreme Court to enforce the U.S. Constitution as the ultimate authority in any instance where an abridgement of fundamental privileges or immunities of citizens of the United States is determined to exist. 120 The Fourteenth Amendment also provides that No state shall deprive any person life, liberty, or property without due process of law. Justice Douglas identifies this due-process clause as a problematic issue that often generated resentment from those who fostered a different definition of what due process was intended to mean in this context. 121 Indeed, it was the due process and equal protection clause(s) as interpreted by the Supreme Court that hindered any attempts by Southern states to ignore the continual promotion of gross inequities based on race. Appropriately, the Supreme Court referred to the Fourteenth Amendment as the constitutional rationale for declaring the unconstitutionality of state laws or actions. The significance to this study lies in the fact that many state cases the Court saw during the Civil Rights movement relied on the Fourteenth Amendment as justification for overruling decisions that violated the Constitution, including Times v. Sullivan. The court dockets were becoming flooded with defamation suits and sit-in cases protesting discrimination after Sullivan prevailed over the New York Times in Alabama (1960). 122 This developing problem in the early 1960s led to a situation where the Supreme Court was taking its time in reaching decisions as to constitutionality, leaving the general public anxiously awaiting what would prove to be important decisions in regards to state-versusfederal judicial authority in many instances. Those supportive of the Movement in fact applauded the Times-Sullivan decision, foreseeing the consequence as more aggressive coverage of news events in the South that proved critical to civil rights leaders hopes of creating a national consensus for reform. 123

85 70 The Fifteenth Amendment and Civil Rights Davis points out that virtually every civil rights group organized has kept voting rights at the top of their agenda. 124 The Fifteenth Amendment indeed set a legal foundation guaranteeing citizens the right to political representation through voting privileges, regardless of how long it took for some states to actually acknowledge the existence of such rights. This indirectly recognized the rights of citizens to engage in politics and political communication in an unfestered manner, as well. The relevance of the Fifteen Amendment and voting rights to this study of newspaper coverage can be found in the March 19 th Times editorial previously introduced. The marginalization of rights as described in that editorial also reflect an instance that can be rationalized through the lens of critical social theory, which happened to have been brought to light through newspaper coverage as well. Summary of Chapter The previous chapter highlights that the significance of the Times-Sullivan ruling to this study is the effective empowerment it afforded to journalists. This embraces the critical social perspective by recognizing the consequence of the Times-Sullivan ruling, an increased power through press privilege that placed journalists in a protected position allowing the manipulation or swaying the audience opinion without accountability. The editors can be envisioned as part of the elite minority with the means of consciously controlling the majority that thirst for news, by informing them in aspects that affect their daily lives. The relevance of the this chapter is to point out that many southerners viewed the Court as a challenge to their way of life, through its attempts to integrate their public schools and restrict their freedom to administrate their public affairs (such as voting) as they saw fit. This tension began to become visible to the public eye with media coverage of the Brown decision,

86 71 the Montgomery Bus Boycott, the Civil Rights movement demonstrations, the crusade(s) of Martin Luther King Jr., the sit-in protests (in particular, those orchestrated by students), a series of cross burnings and Ku Klux Klan protests (in particular, those in Mississippi and Alabama), a series of Civil Rights Acts that were relatively ineffective until the enactment of the 1964 bill, and, of course, New York Times v. Sullivan and other Supreme Court cases addressing free speech issues in the South. The head-to-head confrontations of civil rights advocates and those southerners who refused to accept any mandates concerning integration and the fair and equal treatment of Blacks made for breaking news stories in many newspapers throughout America. This infringement of the constitutional rights of southern blacks attempting to gain access to public services, whether this involved mass transportation, public schools, or voting facilities, was perceived as an attempt to alter the time-honored lifestyles and traditions of southerners. These disparate areas of cultural hegemony linked to the South and the Civil Rights movement can in fact be tied together through the Supreme Court cases that eventually had a tremendous impact in recognizing the constitutional privileges previously unavailable to these marginalized groups. What this chapter points out is that, ultimately, it was the combined effort of the Supreme Court and the news media that would have the greatest impact on effecting such changes. The relevance to the current study is through evidence supporting the contention that critical social theory can be used to rationalize the media s role in the Civil Rights movement through its coverage of political activism and Supreme Court cases. This is particularly significant in those instances where the latter two are linked, as was the case in New York Times v. Sullivan, the news focus of this study.

87 72 The strongest constitutional bearing to this study lies in the increased freedom of the press privileges that were brought about through Court decisions such as Near and Sullivan. The tangent aspect of the latter decision, one that recognizes the right to criticize public officials, made it bittersweet to many Southerners, most particularly those working in the southern media. Those with a close loyalty to the South recognized the fact that this decision came down against a southerner (Sullivan) and a southern jurisdiction (Alabama), which is the regional aspect of the Sullivan case. The Supreme Court recognized freedoms that began with the right to associate, then the right to political thought/affiliation (Socialism, Communism), then the right to political speech in public places, and the right to express opinion(s) freely, which were all interpreted by the Court as rights guaranteed through the First Amendment. These constitutional issues and their relevance to the Civil Rights movement and the southern press are discussed in the context of regionalism in Chapter Three.

88 73 NOTES 1. Stanley E. Flink, Sentinel Under Siege: The Triumphs and Troubles of America s Free Press (Boulder, CO: Westview Press, 1997), New York Times, un-attributed editorial, sec. L 20, city final edition of March 19, ibid. 4. John Murray and Gershon Aronson were the Committee members primarily responsible for editing and attaining approval for the advertisement. See court opinion for case 273 Ala. 656, 684 and Anthony Lewis, Make No Law: The Sullivan Case and the First Amendment (New York: Random House, 1991), New York Times, Heed Their Rising Voices advertisement, sec. L 25, March 29, 6. Barbara Dill, The Journalist's Handbook on Libel and Privacy (New York: The Free Press, a div. of MacMillan, 1986), New York Times, Heed Their Rising Voices advertisement, supra. 8. ibid.; the treatment of King was from paragraph #6, of the students from paragraph #3. 9. See Lewis, 1991, ; and Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986), Rodney A. Smolla, Suing the Press (New York: Oxford University Press, 1986), ibid. 12. See New York Times Company et al. v. L. B. Sullivan, 273 Ala. 656, 683 (1962). 13. Lewis, 1991, 9. City editor Ray Jenkins remarked that, I saw that ad. I knocked out a story on it. It appeared in the Journal on April 5, 1960, which alerted Advertiser editor Grover C. Hall, Jr. He purportedly approached Jenkins, demanded to see the advertisement, then wasted little time proceeding to write his own angry editorial that appeared on April Smolla, ibid. 16. Anthony Lewis, First Amendment Only as Strong as its Protectors, Chicago Daily Law Bulletin, 16 December 1991: Smolla, Dill, Smolla, ibid., Lewis, December 1991, 2.

89 Clifton O. Lawhorne, The Supreme Court and Libel (Carbondale: Southern Illinois University Press, 1981), These would be Arnold D. Blackwell, William H. MacDonald, Harry W. Kaminsky, H. M. Price, Sr., William M. Parker, Jr., and Horace W. White, all residents of the city of Montgomery, as well as the plaintiff, who all testified over the defendant's objections that upon reading the advertisement they associated it with the plaintiff, who they knew as the Police Commissioner implicated therein. 24. See New York Times et al. v. L. B. Sullivan (273 Ala. 656, 683) and Smolla, New York Times Company et al. v. L. B. Sullivan, 273 Ala. 656 (1962). The Alabama Supreme Court opinion notes that Published words, made the basis for a libel action, must be construed according to their natural and probable effect upon the mind of the average lay reader, relying on Johnson Publishing Co. v. Davis, 271 Ala. 474 (noted in opinion). 26. The original trial judge, Walter B. Jones, and the Alabama Supreme Court appeal successfully avoided this issue by instructing the jury that falsity and malice are presumed from a publication libelous per se, again following Johnson Publishing, supra. 27. Smolla, ibid., ibid., 32; rumors were spread alleging that the tyrannical Judge Jones would look disfavorably on any lawyer in Montgomery Bar Association who assisted the Times. 30. ibid., Smolla, This precluded grounds for federal jurisdiction, because of a precedent set in Johnson Publishing Co. v. Davis (271 Ala. 474), which dictates that Under Alabama law, when a newspaper publishes a libel in New York and distributes it in Alabama, the cause of action arises in New York and in Alabama; notation from New York Times et al. v. L. B. Sullivan (273 Ala. 656). See also Lawhorne, Smolla, 33; this reflects Jones open disdain for the Fourteenth Amendment, that white man s justice would be salutary to all involved. He followed this by remarking that, as unpleasant as that may seem to some, those who feel this way will learn from this experience. This is the same judge who issued a temporary restraining order against the NAACP in 1956 without giving it a hearing beforehand. See Lewis, 1991, 44 for more on this contempt charge later overturned by the U.S. Supreme Court. 34. Smolla, Both the original and appeal courts in Alabama rejected this defense, with the Alabama Supreme Court opinion [273 Ala. 656 (1962)] citing that A newspaper is liable for defamatory material appearing in an advertisement which it publishes. Publishers and signer of an advertisement and every other participant in the publication of a defamatory statement, except a disseminator, are held strictly liable; this opinion notes Peck v. Tribune Co., 214 U.S. 185 as the precedent followed, along with Prosser on Torts, 2d ed., 94.

90 See the Alabama Supreme Court Appeal section on page 35 and also New York Times et al. v. L. B. Sullivan (273 Ala. at 656, 683). 37. Dill, Lawhorne, 28; $45,000 was the previous high. 39. Smolla, Lewis, 1991, At least one scholar also shared this viewpoint; see Dill, New York Times et al. v. L. B. Sullivan (273 Ala. at 683, 684). 43. Lawhorne, Harry Kalven, Jr., The New York Times Case: A Note on the Meaning of the First Amendment. The Supreme Court Review, vol. 1964: Thomas L. Tedford and Dale A. Herbeck, Freedom of Speech in the United States, 4th ed. (State College, PA: Strata Publishing, 2001), 88; originally quoted from New York Times v. Sullivan, 376 U.S. 254 (1964). 46. Their rationale was to avoid the alternative, a self-imposed restraint or hesitation on the part of the media, if information could not be verified with supporting evidence. 47. This is referred to as an opportunity because reversing the Sullivan decision could have been substantiated using the reasoning that the New York Times and the four black Alabama reverends did not receive a fair trial. Such an interpretation would have applied the Sixth Amendment, maintaining that the defendants constitutional rights had been violated. 48. See Whitney v. California 274 U.S. 357 (1927) for background. Quote is taken from New York Times v. Sullivan, 376 U.S. 254, 270 (1964). 49. New York Times v, Sullivan, 376 U.S. 254, at Flink, Kalven, 1964, 200; and Harrison Salisbury, in Wilkinson et al., Essential Liberty: First Amendment Battles for a Free Press (New York: Columbia University Graduate School of Journalism, 1992), 40. While the $300 million figure cited in Salisbury may be an exaggeration, it serves to make the point that several million dollars were being several different pending suits, enough to effectively threaten the livelihood of this prestigious newspaper. 52. See Flink, 41 and Salisbury, Smolla, Kalven, 1964, ; also supported by Flink, 41 and Lewis, 1991, This would be acceptance of a public service position, as with L. B. Sullivan. 56. Flink, 40; the legal concept here is that the U.S. Constitution and rights guaranteed to citizens therein should never be contravened by state law(s) or state action(s), that the states,

91 76 through their justice systems, must follow the U.S. Constitution as the ultimate authority on any issue covered in any of the Amendments. 57. Kristen Dollase Nevious, The Law of Libel and Public Speech in Alabama, Arkansas, Georgia, Mississippi and South Carolina: A Content Analysis (Ph.D. diss., Southern Illinois University at Carbondale. 1992), ii. 58. ibid.; the sample of 386 case decisions was taken from state supreme court decisions handed down between 1925 and 1989 in AL, AR, GA, MS and SC, with an analysis conducted to explicate the relationship between public speech and defamation. 59. Kalven, 1964, U.S. 697 (1931). 61. Kalven, 1964, ibid., 202; the Justices used this to justify regulation, in Beauharnais v. Illinois, 343 U.S. 250 (1952) for group libel, and in Roth v. United States, 354 U.S. 476 (1957) for obscenity. 63. Harry Kalven, Jr., A Worthy Tradition: Freedom of Speech in America (New York: Harper & Row, 1988), Kalven, 1964, 200; this was also seen as merely a convenient way for southerners to punish the Times for reporting on civil rights. 65. Flink, Kalven, 1964, Doug Cumming, Building Resentment: How the Alabama Press Prepared the Ground for New York Times v. Sullivan (paper presented at the AEJMC Annual Convention 2002, Miami FL, August 2002), 7; See also Bruce L. Ottley et al., New York Times v. Sullivan: A Retrospective Examination. DePaul Law Review 33: for more. 68 Brown v. Board of Education, 347 U.S. 483 (1954). 69. Plessy v. Ferguson, 163 U.S. 537, 540 (1896). 70. Jesse H. Choper, Richard H. Fallon, Jr., Yale Kamisar, and Steven H. Shiffrin, Constitutional Law: Cases Comments Questions, 9th ed. (St. Paul, MN: West Group [Thomson], 2001), Analysis from Plessy v. Ferguson 163 U.S. 550, 551 (1896) concluded that separate railway accommodations, the designation of segregated cars or seating areas, based on race (color/ethnicity) alone was not unreasonable. 71. Ely, Cumming, The Court had ruled for integration of all public schools, an admission policy on a non-discriminatory basis, and that it should be effected with all deliberate speed to not just all parties to these cases, but the entire nation as well. Non-compliance was less visible (obvious) in the North, however, as minority populations in most northern areas were an insignificant percentage not demanding significant changes in educational system configurations.

92 As mentioned previously, the Brown case is 347 U.S. 483, 497 (1954). 75. Weill, 1999 (dissertation version); Weill, 2002 (published book version). 76. Weill, 1999, ibid., 79; a previous court decision in Plessy v. Ferguson asserted that requiring specific change towards equality was unnecessary, as long as equal treatment and conditions were preserved. This is an end that the Court failed to ensure in later rulings. 78. Weill, 1999, 78; she refers to Roy E. Carter, Jr., Segregation and the News: A Regional Content Study, Journalism Quarterly (Winter 1957): 9; Thomas Clark, The Emerging South, 2nd ed. (New York: Oxford University Press, 1968), 199; Carolyn Martindale, The White Press and Black America (Westport, CT: Greenwood Press, 1986), passim. 79. Sharon Bramlett-Solomon, Southern v. Northern Newspaper Coverage of the Dime Store Demonstration Movement: A Study of News Play and News Source Diversity, Mass Comm Review 15, no. 1 (1988): 24. Cited supporting evidence includes Williams, 1967; Freedom Now, 1963; Martindale, 1985; Tatro, 1982; Secrest, Towns, This occurred December 1, 1955 when a black seamstress woman, Rosa Parks, sat in the front of a bus after a tiring day at work. She challenged an Alabama ordinance by refusing to relinquish her seat in the white-designated front seating of the bus to a younger white man. 82. The boycott was initiated on Dec. 5, See William T. Martin Riches, The Civil Rights Movement: Struggle and Resistance, 2nd ed. (New York: Palgrave MacMillan, 2004), for a detailed summary; see also Carl T. Rowan, Parting the Waters: America in the King Years (New York: Random House, 1988); this biography chronicles the bus boycott and the emergence of King. 83. Carl T. Rowan, The Cradle (of the Confederacy) Rocks in Voices in Our Blood: America s Best on the Civil Rights Movement, ed. Jon Meacham, 145 (New York: Random House, 2001). more. 84. See Stride Toward Freedom (1958), a book written by Martin Luther King Jr., for 85. James Dickerson, Dixie s Dirty Secret: The True Story of How the Government, the Media, and the Mob Conspired to Combat Integration and the Vietnam Antiwar Movement (New York: M.E. Sharp, 1998), 3. story. 86. ibid., 4; the article cited was written by James Gunter and appeared as a page-one 87. ibid., ibid., ibid., 26. Noteworthy at this time is his adjective choice of Republican. Also noteworthy is the striking similarity of this title to Communist Manifesto, a famous writing by Karl Marx that supports an argument that the Communist threat in America has comparisons to

93 78 southern resentment spawned by the Civil Rights movement and Supreme Court rulings such as Brown. 90. Kenneth T. Andrews, Freedom is a Constant Struggle: The Mississippi Civil Rights Movement and Its Legacy (Chicago: University of Chicago Press, 2004), Yasuhiro Katagiri, The Mississippi State Sovereignty Commission: Civil rights and States Rights (Jackson: University Press of Mississippi, 2001), xiii. 92. ibid., 6; from Section 5 of a bill passed in 1956 to become a part of the Laws of the State of Mississippi, 1956, regular session, ibid., Dickerson, ibid., 133; Katagiri refers to many sources concerning vigilante lynching(s), using socialism theory while bringing up the fact that the Commission effectively undertook the responsibility for being the state s moral watchdog agency. 96. Cumming, Dewey W. Grantham, The South in Modern America: A Region at Odds (Fayetteville: The University of Arkansas Press, 2001), 139; these social critics were contributors to a Vanderbilt University book, I ll Take My Stand, which was published in See the section written by Harrison Salisbury in Wilkinson et al., Essential Liberties, 1992, which is referred to in Chapter Three, for the most comprehensive grouping of accounts written by these scholars; they included Salisbury himself and Anthony Lewis. 99. The feature editorial is the first-read piece, located in the upper-left corner below the newspaper s letterhead and editor/staff contact information; New York Times. Unattributed editorial, sec. L 20, March 19, Emphasis was placed on the right to vote guaranteed by the Fifteenth Amendment New York Times editorial, March 19 th, Section L 20, Paragraph 3; Ironic in that county commissioner was Sullivan s elected position and he sued the newspaper for commentary in an ad published ten days later Both were located in the upper half of page one; the top news story was positioned in the upper right where the reader s eye generally notices it first The top news story was entitled, House Declines, , to Curb Voting Referees. The inside page included a prominent inset map that graphically depicted there were no Negroes registered in Baker County, Georgia. According to the accompanying article, this was just one of 29 such Black Belt counties with no Negroes on the voting rolls; See New York Times, Section C 8, Columns 6 & 7 in the March 19 th 1960 late city edition There was a conspicuously-placed advertisement for J & B Scotch Whiskey offering another visual clue concerning the demographic of the anticipated reader (voting-age male) Readers were informed that Celler was the senior representative leading the floor fight in house for the civil rights bill, while stipulating that two Southern Democrats with more

94 79 seniority were hindering its passage; they were identified as Sam Rayburn (Texas) and Carl Vinson (Georgia); See article, supra, columns 3 & 4. Note that those readers outside the New York are might perceive as an inference that the North was a CR advocate, while other regions (particularly the South which was highlighted in adjacently placed sit-in articles) were not NY Times, supra, column 2; most (6) were AP-source. Five were datelined in the Deep South GA (2), VA, SC (2); one in FL; one in NY; one in WV Anthony Lewis, Make No Law: The Sullivan Case and the First Amendment (New York: Random House, 1991), 21-2; the story appeared on April 12, Salisbury s reports resulted in additional libel suits aimed at both the Times and Salisbury. Salisbury wrote a series of articles documenting unrest in the South See a case comparison concerning the relationship of the Communist threat to civil rights in this chapter, Table 3.1 (page 66), and refer to case list in footnote 76 and Gitlow (footnote 77) for instances that address this issue James Boylan, Birmingham: Newspapers in a Crisis. Columbia Journalism Review 2, no. 2 (Summer 1963): 29 referring to Bull Connor with this quote Smolla, ibid., Lewis, 1991, 21; Lewis noted this as problematic in that the Act s provisions were modest Robert Penn Warren, Segregation: The Inner Conflict in the South in Voices in Our Blood: America s Best on the Civil Rights Movement, ed. Jon Meacham, (New York: Random House, 2001) ibid., 173; Ironically this remark came from a southern professional, a person of high integrity and ability who was also an integrationist ibid., ibid., This date (1868) is chosen because the Thirteenth, Fourteenth and Fifteenth Amendments had been ratified by then, and what many southerners construed as half-hearted efforts by northerners (those in political power after being victorious in the Civil War) addressing Reconstruction were already being undertaken. The stage was set to see if southerners would abide by Amendments that conferred equal rights and voting privileges to blacks, many of whom had previously been slaves owned by southerners Choper, Chapter 7, ; such cases are intrinsically related to Times v. Sullivan in a variety of legal aspects of the First Amendment, going beyond the freedom of expression that is most obvious (freedom of speech or of the press), when considering the type and character of the individual or group action(s) that led to a constitutional challenge This could have been easily accomplished by relying on the sovereign power of state law as the ultimate authority in state courts. With the end of the Civil War, three constitutional

95 80 amendments, the Thirteenth (1865), Fourteenth (1868), and Fifteenth (1870), were drafted to bring about desired changes in the South that included the abolition of slavery and specifying the right to vote for to all citizens, including those previously in servitude (slaves) Quoted directly from the Fourteenth Amendment (1868), section William O. Douglas, The Court Years : The Autobiography of William O. Douglas (New York: Random House, 1980), Peterson et al. V. City of Greenville (1963), Shuttlesworth et al. v. City of Birmingham (1963), and Griffin et al. v. Maryland (1964), for instance. Shuttlesworth was also involved as one of the ministers in the Sullivan case. See Appendix 4F for a more comprehensive list that includes case information David A. Yalof and Kenneth Dautrich, The First Amendment and Media in the Court of Public Opinion. (New York: Cambridge University Press, 2002), Davis, 231; this includes the aforementioned NAACP, which provided the bulk of the legal support in many civil rights cases.

96 81 CHAPTER III. REGIONALISM AND NEWSPAPERS The purpose of this chapter is to provide justification for implementing dependent variables into coding sets based on perceived regional differences that distinguished the North from the South. The assertion of this study is that regionalism became especially evident in media coverage (or lack thereof) during the civil rights era, while acting as a pervading influence throughout the Sullivan case. This investigation seeks to identify or account for any regional influences that may have had a detrimental effect on their reportage, in an inaccurate, incomplete, or biased representation of Sullivan case events. This chapter addresses the regional differences that existed between the North and South in the 1960s, along with the atmosphere of racial tension that exacerbated in the late 1950s as the Civil Rights movement gained strength. Theories of regionalism in political and sociological research contexts are introduced, followed by a section that discusses the relationship of regionalism and newspapers, the two topics that combine combined to create the research focus of the current investigation. Regional Differences Between North and South The regional differences between the North and South evolved from cultural tendencies acknowledged to exist in the mid-1800s, a time when America was dichotomized in its belief systems, both in terms of moral integrity and ethical values. These cultural differences resulted in inter- and intra-state conflicts that culminated in the Civil War, a fierce internal battle that attempted to resolve differences and re-unite a divided America. One factor that aided in the easing of intersectional tension between the North and South at the turn of the twentieth century was a national consensus among whites concerning the race problem. An essential element was the implicit assumption that the southern states would be free to handle the issue of race

97 82 relations within their borders and that the North would adopt a hands-off attitude in response. 1 Diversity in racial attitudes persisted on a larger scale within America into the late 1950s and early 1960s, reflected in part by southern social values that passed along generations for over a hundred years. The significance to the current research is that this preservation of southern heritage did little to rectify racial inequity through a forced changing of regional differences. Regionalism Overview Contemporary scholars studying cultural development have differing views on what constitutes regionalism and its defining parameters. Regardless of what defines it, regionalism has been the focus of studies in a variety of academic disciplines in the twentieth century, including history, anthropology, political science, geography, and sociology. 2 The current study considers the contention that a correlation exists between regional behavioral differences and editorial decision-making, perceivable as cultural attitudes in social, political, and economic contexts. The following review is devoted primarily to political science and sociology while developing a foundational justification for the assertion that regionalism is an influence when studying editorial differences between northern and southern newspapers. Political Perspectives of Regionalism Political regionalism for the purpose of this study is a scholarly approach to understand and explain the evolution of political alliances in a regional perspective. This section explains political regionalism and its influence to this study through its inherent connection to political communication, a First Amendment issue through political activism in Communism, free speech, and sit-in cases addressed by the Supreme Court in the years preceding Sullivan. The impetus of the Sullivan case was in fact an editorial concerning voting rights, highlighting the importance of investigating politics in the study regions. Political regionalism represents one explanation for

98 83 the disaccord among the major players in the Sullivan case as noted in Chapter Two, applicable in a situation where the Court ruled on a different First Amendment issue (freedom of the press as opposed to political activism/free speech). Elazar professed that Yankee patriotism in the northern tier of states is the heart of the moralistic political culture that flourished into the 1960s and early 1970s. 3 This individualistmoralistic culture is contrasted with the agrarian mindset of the traditionalistic political culture throughout the South. 4 The adjoining proximity and free migration between northern and southern states led to the adoption of individualist elements as its [the South s] traditional social bases eroded over the years, a trend that is significant to this study in that this threatened to gradually replace deep-rooted southern traditions with modernistic cultural mores not unlike those embraced by northerners. 5 While various regional scholars use differing interpretations to rationalize the political makeup of America during the early 1960s in geographic terms, the one consistently shared observation is that residents in the North and South had an historical proclivity to remain juxtaposed in their affiliation, however. Political Regional Culture Differences Elazar asserts that sectional patterns developed as an expression of social, economic and especially political differences along geographic lines. 6 This is supported by evidence of political shifting between the North and South, the reversal or flip-flop of party affiliation between Republican and Democratic. 7 The Northeast, once perennially conservative and the dominant stronghold of the Republican Party, was suddenly transformed to be more aligned with the Democratic party. Concurrently the Deep South, which was historically the nexus of the Democratic Party, a population with libertarian beliefs allowing them more independence to govern their own states, found itself shifting toward a Republican-dominant voting region.

99 84 Political Party Shifting: Democratic-Republican What ensued over the decades following World War II was a dramatic shift in the political affiliation of residents in larger cities with a higher percentage of minority workers like Detroit, in part explained by the migration of blacks northward throughout the South. 8 Sugrue proposes that identification or association with these factions was the impetus of the political shift. 9 This asserts that a grassroots rebellion against liberalism was fueled with support from Urban North areas in the major cities where many Blacks historically migrated to when leaving the South. 10 Civil rights organizations gained strength from a racial balance of power in such cities, giving them a new voice to challenge the conservative politics of neighborhood associations in the South. 11 Once one faction shifted its political alignment, many of the underrepresented Blacks invariably relented and left the South to avoid association with the region. This voting population ethnic re-alignment in the South cannot fully account for the political party shifting that manifested itself in the period, however. The constantly maintained differentiation between the North and South throughout political shifting during the migration of Blacks northward into the larger cities can be rationalized to be in part due to the marginalization of their voting rights in the South. Diagram 3.1 Stereotypical regional lifestyle Locale: Northeastern Region Locale: Southeastern Region Political Tendency: More Conservative Northern Rural passively conservative Southern Rural dominantly conservative Political Tendency: More Liberal Northern Metropolitan dominantly liberal Southern Metropolitan passively liberal This relevance to critical social theory is an inferred correlation, a regional influence to a lesser degree in that metropolitan cities in the North were asserted to be dominantly liberal, while

100 85 southern metros were passively liberal. Rural northern regions were passively conservative, while the rural southern regions were dominantly conservative, accordingly (see Diagram 3.1). Political affiliation that has historically separated the North from the South is adopted as one study variable to document regional differences that can be inferred have existed between northern and southern newspapers as well. From an internal perspective that considers the media themselves instead of the potential users (the readers, many of whom are potential voters as well), there are scholars who will argue that the political affiliation of a newspaper is insignificant, regardless. Bagdikian points out that newspapers that declare themselves as politically independent are in fact no different than hundreds of other publications. The only difference, he maintains, is their owners contention that the paper is editorially unfettered or attached, having freedom to report as they wish. 12 The political alignment of the sample midsize newspapers in the current study is listed in Appendices 1A and 1B. The relevance of this last passage is in reverberating that it was the desire for the North and the South to stay separate, and not their political affiliation per se, that is the important propensity that the current study considers as a valid rationale for assuming regional differences in midsize newspapers. Sociological Perspectives of Regionalism Sociologists such as Howard W. Odum and Harry Estill Moore have devised and employed various regional arrangements in making their studies. 13 A 1938 entitled American Regionalism (1938) established the existence of six major regions, two of which are useful for the purpose of this study. 14 The Northeast and Southeast represent the sample regions and define the states included for the current study sample. 15 Andersen, Lustig, and Andersen conducted a different study that deserves consideration as an excellent overview of different researchers who determined boundaries for regional cultures. 16 Grantham was also among those who studied the

101 86 southern region, using political history to determine those states that comprise the South instead. 17 The views of Garreau, an American political geography scholar who valued economic priorities, are also considered. 18 Identification of Study States in the South (see also Appendix 4A) Odum s vision is that the South is comprised of eleven states, including Virginia, North and South Carolina, Kentucky, Tennessee, Georgia, Florida, Alabama, Mississippi, Louisiana, and Arkansas. 19 The exclusions were Maryland, Texas, Oklahoma, and Missouri, all of which were determined to be in regions other than the South. In his estimation, Maryland must be qualitatively excluded because it cannot be considered as a region of farm tenancy that has an agrarian culture, along with the fact that the Black/White population ratio is a significantly smaller ratio than other southern states. 20 Sociological and Economic Perspectives of Regionalism From the sociological perspective, regionalism is a coherent ideology that was able to move away from many of the cultural trappings of the South that had restricted progressive social thought in the past. Odum, the founder of the theory of regionalism, constructed a rational argument identifying factors that might be stunting intellectual and sociological growth and development in the South. 21 He defines region as an areal-cultural entity, one that can be studied in its intricacies and complexities. 22 Odum collected data from 685 categories to split the contiguous states into regions. Two broad categories were formulated, the first primarily dealing with physical geography and natural resources, together with the visible and measurable ends of industrial and scientific activity in their utilization. The other category included indices that quantified population and cultural resources, together with the visualized ends of social (economic, political, educational)

102 87 activity towards organization and achievement in their development. 23 Examples of indices he used include the number and size of farms, the types of forests and timbers, taxes for roads, average teacher s salaries, the literacy rate of residents, interregional gain or loss by migration (identification of trends), and homicides or lynchings, to name a few. These indices were accurate reflections of general history and cultural factors, those considered unique to either part of the larger South. 24 The premise Odum offered is that certain factors limited or constrained southerners, influencing them to adopt a defensive and sectionalist mindset. He identified sectionalism as the major obstacle to overcome. 25 Sectionalism is the belief by many southerners that they must be a distinct, separate part of the nation. This tendency went well beyond the simple desire to be viewed as or to retain a unique cultural identity, in his opinion. According to Elazar, Regionalism can often be a function of sectionalism. 26 He identifies three great historical, cultural, and economic spheres that divide America. Two of these are the regional focus of the current study, the greater Northeast and the greater South. 27 Odum and his cohorts adopted a broad vision of regionalism that considered the overall picture of southern development. 28 Odum envisioned regionalism as a unique type of sociological analysis that might offer a practical solution to the South s agricultural, economic, and social problems during the first half of the twentieth century. Odum s southern loyalty raised questions concerning the legitimacy of his claims, however, because of his personal association to his research. 29 Many sociologists feel Odum s proposal for southern progress had little influence in proposing advancement in that region as a result. 30 Old South vs. New South: Odum s Distinctions Odum identified five fundamental premises of his regionalism, the primary one being the usage of the regional-national viewpoint as opposed to the earlier local-sectional viewpoint. 31

103 88 His belief was this distinction might enable the South to amend its long-standing tradition of clinging to the past, by ridding itself of a stubborn attitude in their refusal of advice or assistance from outsiders, an orientation that plagued southerners. His goal was to expand regionalism theory and the way southerners think about their lives in a Freudian way, an effort that might encourage the South to come to grips with its past. Challen asserts that Odum s theory of regionalism is essential to comprehensive understanding of the intellectual life of the early twentieth-century South. 32 Odum s methodology involved an explanation of why the region had such low standards in many of the categories used to gauge what are commonly considered to be the essential contributors to an adequate quality of life. These problem areas include education, public health, and per capita income. Odum conducted adult education research and adopted literacy as one variable that distinguished states that were part of the South. His contention is that the South s condition of poverty was beyond their control, due to the compromised position of the South after the Civil War and during Reconstruction, and that any backwardness in their social traditions was not to blame for their substandard status, in comparison to other regions. 33 The decree to end segregation was not well-received by many southerners, with some sociologists observing that the South tended to adopt a backwards attitude, a resistance to change in general. 34 The South s opposition to policy changes can be construed as a reluctance to see localism eroded. 35 Whether the South is considered traditionalist, conservative, or stubbornly resistant to change, the previous sections on regionalism have provided support that it is culturally different from the North. The southern bias against Federalism in general, for instance, stems from the argument that Federalism means inequality, that it is an obstacle to effective government. 36 This has relevance to the current study when considering the fact that

104 89 the Sullivan Supreme Court decision was viewed by many as an example of federalist intervention interfering with southern tradition, the federal versus state power struggle mentioned in the last chapter that deals with the Fourteenth Amendment. Odum s Contribution to Social Regionalism In summary, Odum s accomplishments enumerating and critiquing southern differences was a significant contribution to the wealth of knowledge about the southern culture. His assessment of the Southeast as a distinct region was because of its cultural equipment, more concerned with its past history than with geographical factors, per se. 37 Wirth supports Odum s contentions, suggesting that regional consciousness of the South tends to gain strength rather than be minimized because of differences between the South and the rest of the nation on the subject of civil rights. 38 Regionalism and Education: Effect on Newspapers In sociology research literature there are numerous studies that show that as formal education increases, other noticeable shifts tend to follow. 39 These tendencies for change include a shift from nationalism to internationalism in political point of view, from conservatism to liberalism in general social philosophy, and from violence or a direct form of action to law as agents of policy. While other shifts have been perceived, these three are of particular interest with regard to the social and political culture that existed in America during the Civil Rights movement. This relates back to the regionalism theory of Odum and was thrust into the media limelight with the Supreme Court decision in Brown v. Board of Education. This was epitomized in the relationship between newspapers and education as it affected the regional perspective of readers, as regional newspapers were faced with covering the Brown decision and the progress of desegregation efforts across the country.

105 90 Tumin observed that a higher formal education is positively correlated with a more favorable attitude towards segregation. 40 Tumin found that high exposure to mass media definitely tends to contribute the same favorable effects as higher education. 41 Exposure to mass media was found to be correlated to a more favorable perceived image of Blacks and the greater the readiness for desegregation. 42 A different study of southern newspapers done by Carter (1957) found that the content of sample newspapers was about evenly divided in supporting or opposing segregation. 43 The current study focus on midsize newspaper coverage of another major Supreme Court decision that involved civil rights is sufficient reasoning to consider this historically relevant to the current research. Summary of the Relevance of Social Regionalism Studies by sociologists in particular support the notion that cultural variability can be defined as differentiable across regional boundaries, with this study electing to use Odum s theory of regionalism to define the states for this study s sampling of midsize newspapers. Characteristics such as political affiliation, local economy, and education have been demonstrated to be important regional influences that can have an effect on newspapers. Reiterating again, it was the rationale Odum used in his theory of regionalism that was embraced in determining the sample states of southern newspapers for the current study. The next section focuses on newspapers and the task they were obligated to perform, citing previous newspaper studies that address newspaper coverage similar to the news reporting of the current study. Newspapers, Culture, and Previous Studies Now that regional differences existing between the northern and southern states have been established and defined in terms relevant to this study through a sociological perspective, two separate arguments are introduced to explain priority differences that might affect editorial

106 91 decisions concerning news content within a given publication. The first is based on regional and historical grounds, relying heavily on the educational differences between the North and South that Odum alluded to earlier in this chapter. The second argument is founded on an economic rationale that functionally assumes that newspapers are for-profit businesses. When considering the history of colonization, the assertion that more newspapers with a long and established history can be found concentrated in the eastern-most areas of the continent (those closest to the ocean where the ships carrying the first colonists landed) has a rational basis. Sociologists have noted that the northern region had a higher literacy rate as well, another factor that contributes to the likelihood that northeastern newspapers will have a larger readership and represent more solvent business enterprises accordingly. 44 Such newer businesses, what many of the midsize newspapers can be construed as when compared against their national counterparts, have less foundation in historical practices, perchance adopting marketing strategies that might cater to specific audiences. 45 The more compelling argument offered to justify the current sample range in circulation numbers, however, is one based strictly on the economics of business enterprises (including newspaper companies). Argued in this section is that suburban newspapers represent the newspaper type that would be more likely to cover national news while maintaining some community (regional) identification and also having circulation numbers large enough that it would be unlikely for them to carry only community-specific news content. Relevancy lies in the fact that many suburban dwellers do in fact commute to work in the city, the major center of employment opportunities, which therefore represents an audience whose needs, at least in part, may be gratified by editions that contain both local and national news.

107 92 These newspapers are suggested to have different economic motivations dictating their editorial decisions. Such motivations are often attributable to economic priorities created through competition with older major dailies centered in metropolitan cities, those that already have an established reputation and circulation base. One of the challenges that might arise is the need to distribute to a greater radius to reach the same number of readers, which would increase distribution costs. While urban populations serve as the sustenance for most major dailies, many offer regional editions intended for distribution to a geographically diverse readership outside their metropolitan area. The supposition forwarded here is that such regional editions represent competition to local publications that induces these smaller (including midsize) newspapers to provide more audience-specific content directed to their needs. News Content and Advertising Strategy Kaniss indicates that newspapers in the mid-twentieth century have had to alter their editorial content in order to attract audiences that would appeal to advertisers. For instance, metropolitan daily newspapers altered their content from more specific target audiences in the city to include news from the suburbs in various editions as well, a tactical business move by many editors/publishers. 46 The national news focus on the economic livelihood of big city life that these metropolitans had previously adopted was expanded to include local suburban sections, coverage prompted by the emergence of many suburban and community papers that provided local news to readers in outlying (more rural) areas. Many of these smaller newspapers, those that include midsize for the purpose of this study, altered their primary objective, which traditionally had been attracting community readers, for economic reasons. 47 While localization and centralization of circulation was a marketing point that many had previously relied upon, those newspapers whose primary advertisers came from local businesses

108 93 such as grocers and car dealers, the changing societal lifestyle made possible by modern regional advances in transportation and construction in the 1950s and 1960s created new opportunities for advertising revenue. 48 The primary goal became the increase of the circulation numbers themselves, while often times focusing on attracting a diverse demographic among their readership. 49 This often served as a significant motivation to attract more advertisers, facilitated through claims that they were reaching a wider range of potential consumers. 50 The geographic focus of papers shifted in a trend wherein the metropolitan (noncommunity) dailies that had centered on the downtown city (and nation) itself and city hall happenings were forced to expand their coverage in an effort to attract readers from a wider radius. Kaniss provides a justification, based on a media-economic rationale, for restricting the current research sample to target publications considered smaller metropolitan dailies and those from either densely populated regions or those having wider circulation zones, avoiding both national dailies and local community papers whenever possible. 51 The reasoning presented here has relevancy to this study in that a stronger foundational argument for regional influence can be effected after eliminating any newspapers that, if found not to be covering the Sullivan case, have alternative reasons not to provide such national-news-related content. A study conducted by Fico and Drager utilized a sample similar to the current study (15 mid-size newspapers) but different focus (local conflict stories) when exploring the fairness and balance of media coverage. 52 The findings there suggest that coverage of this topic was generally balanced, that the news was fairly presented with any minor editorial discrepancies or imbalance found in terms of space allotment and prominence of the conflict stories. What this paper seeks to determine is whether an argument can be made that many of these rural city and regional editors, whether due to their political biases or other reasons, elected

109 94 to often include positive (or exclude negative) regional coverage that expanded to include important triumphs or happenings that pertained to their state or culturally-identified geographic region. The relevance to the current study is in the fact that two of the incidents covered (A and B) can be construed as a victory for Alabama or the South, one that southern readers might appreciate learning about more, while the other two incidents (C and D) can be viewed as a triumph for a northern newspaper (the Times) and the federal powers of the government (the Supreme Court in Washington D.C.). Conversely, the latter two incidents could be considered a loss for the South (Sullivan, Alabama), with evidence offered in the regionalism section to suggest that many southerners viewed the federal intervention in the same negative way they viewed the northern media. For the relevancy of these regional parameters to the current study, one precept introduced in Chapter One was the functional belief that gratifications are the foundation for newspaper consumption. Such gratification would be not as well served by negative news coverage, that content which is contrary to or opposed to the regional well-being of the community, another topic alluded to in Chapter One. Media Differences: What Separates The South There is a valid rationale for an examination of differences in southern newspapers, due to the regional values that Odum stressed earlier in this chapter and the fact that several columns entitled, What Separates the South or something similar in spirit appeared in southern newspapers regularly into the early 1960s. 53 Southern papers had discernible differences that made them a more attractive topic for researchers as well, due in part to the fact that very few were nationally distributed and had what this study contends is a regionally definable orientation accordingly. Southern newspapers often chose headlines with implications that were

110 95 discriminatory. 54 The language used in stories often times suggested that Blacks were not men, but rather degraded to be something less. 55 Clendinen notes that the news columns of southern papers weren t very curious or deep or original in the late 1940s and 1950s. 56 Readers actively followed sports and politics, but news coverage in general exemplified the southern culture and could be viewed as selfdefensive and maintaining. 57 The lack of content depth could be rationalized as the habit of southern editors not to examine (or criticize) the traditions of the South in their news pages. Instead newsweeklies served as the information source to assist southerners searching to understand America and its place in the world (rather than newspapers). Literate whites were inclined to reach for their newspapers editorial pages, where they found content that reflected the local, state, and southern perspective and used this media to guide them on what to think about things. The Typical Southern Daily in the 1960s: Pro-White Bias The South was absorbed in mythology, history, and politics, and can be described as a region that loved anecdote, rhetoric, and personal flourish, with the focus of most editorial pages written to honor such tradition(s). 58 These pages gave editors an authority unequaled before or since as they became a forum for reflecting on the issue of race and unrest during the Civil Rights movement. One southerner, a businessman who insisted on anonymity, noted the well-founded tendency of editors who took it upon themselves to play God, often times killing important printable news for that reason. 59 While not particularly pleased with this notion, he asserts that there are important exceptions where such practices are necessary, in his opinion. Such principles are applicable to news involving racial relations, where this anonymous source asserts that an argument can be made that such suppression is good for the community. 60

111 96 The southern press has previously been criticized for segregating news of the black community or ignoring it completely, along with a disregard for providing enough context in coverage of civil rights events to comprehend race relations and underlying struggles. 61 Semmes notes that the Civil Rights movement essentially facilitated white corporate access to black markets, while taking advantage of increased public access rights that necessitated more participation on the part of blacks (from those forced to rely on white-owned papers as the only option) in a white-controlled marketplace. 62 Weill asserts that the failure of Mississippi editors and publishers to serve black readers is due primarily to its being a rural state, and that they were influenced by conservative social values affiliated with the traditions of the rural South accordingly. 63 The relevance to the current study is further justification for narrowing the publication focus to Anglo-America due to observations that the southern political economy was often permeated with a conservative white power structure. 64 Clendinen emphasizes the power Southern media owners possessed, those who could write what they wanted to write (because) they owned the presses. 65 They were represented by editors like Gerald W. Johnson of the Baltimore Evening Sun, Hodding Carter of the Greenville Delta Democrat-Times, Ralph McGill of the Atlanta Constitution, Jonathon Daniels of the Raleigh News and Observer, Virginius Dabney of the Richmond Times-Dispatch, and George Fort Milton of the Chattanooga News. Many of them rebelled against the sentimental tradition in the South as the Civil Rights movement gained national attention. This revolt was an indifference to a tradition designed to bolster up the ego of the south against assaults of Yankeedom on the part of a few liberal editors, the exception (or minority) in the South. 66 Williams asserts that many newspapers of the South were short on news and long on invective, while they tended to distort news on racial tensions in a regional fashion. 67 He

112 97 maintains that this attitude served no civic purpose, doing little to advance the South from its backward ways into the twentieth century. These Southern papers historically failed to prepare the people of the South for the great social changes they faced in the early 1960s. 68 The response of most Southern newspapers to criticism was bitterness and defiance, exemplified by one editor s comment that the purpose of the newspaper is to promote business rather than tear it down. 69 The Charleston News and Courier represented one of the fiercest resisters in all of Dixie, a newspaper with a history of deriding Negroes, Northerners, and federal agents as ingrates and interlopers. 70 Williams notes that in 1967 the Black was for the most part the forgotten man in news coverage outside of civil rights, with few exceptions in the South. 71 He envisioned the South in 1967 as desperately in need of regional newspapers that would serve them the way the New York Times does in the East. His research focused on major dailies, however, with the current study examining whether his assertion has any application in the more ruralized zones served by midsize daily newspapers. Previous Studies: Southern Newspapers An investigation of how opposing media cover civil rights issues during a time when there are no incidents that are time-dependent in their newsworthiness, more particularly those with a high degree of public visibility such as demonstrations or sit-ins, provides the context for much of the research contained in the following review of previous news studies. Several studies have focused on the impact of the southern media as it relates to the Civil Rights movement from an historical perspective, with some specifically targeting Supreme Court decisions. 72 The Domke study has relevance in that it provides justification for looking at regional differences in newspapers in the context of the current study, one that examines whether the Civil Rights

113 98 movement may have affected editorial content during coverage of a Supreme Court decision in the early 1960s. 73 Still further support can be found in studies that examined newspaper reaction to Brown. 74 A study by Carter found that most southern newspapers ignored black news sources in desegregation stories despite the fact that Blacks were greatly affected by the outcome. 75 Bramlett-Solomon notes that when accomplishing such an end, editors tended to devote five pages to one news play and then to only prosegregation sources. 76 Mississippi Press Coverage of Civil Rights Weill found that the general editorial consensus among the editors of the Mississippi daily press regarding civil rights was that blacks and whites were not ready for the reality of a racially integrated society. 77 These southern editors believed that national civil rights laws unjustly usurped states and individual rights and had become a way to court black votes. 78 According to the vast majority of the Mississippi daily press editorials examined for this study from 1948 through 1968, the notion that blacks and whites were equal as races of people was a concept that remained unacceptable and inconceivable. The Weill study identifies the existence of white ownership in the Mississippi press, a situation inherently conducive to white bias in coverage. 79 This was construed from a general trend among papers rejecting equal rights and resisting integration. 80 The conclusion reached was that Mississippians looking to their daily newspaper for editorial guidance usually received condescending and pessimistic reports that consistently denigrated black intelligence and maligned the black community. 81 While the us against them theme was the consensus of civil rights coverage, these newspapers relied heavily on wire service copy to avoid localized coverage that might be construed as staff-biased, while also not condoning violence. 82

114 99 Newspaper Coverage Differences: North versus South A 1988 Bramlett-Solomon study compares the difference(s) in coverage between northern and southern newspapers reporting on sit-in demonstrations during the Civil Rights movement. Bramlett-Solomon found justification for researching newspapers during the civil rights era from a scholar who argued that southern newspapers abdicated their responsibilities in handling desegregation coverage. 83 Literature exists that suggests that Southern newspapers were more likely to ignore black demonstrations than were papers from other regions, or handle such stories as less newsworthy events by burying them on inside pages. 84 Bramlett-Solomon found that these same news events, on the other hand, often captured the attention of some the nation's largest newspapers, such as the New York Times. 85 A study by Rolph found that the southern media functioned in a fundamentally different way than the national media during the Civil Rights movement. 86 Her study focused on attempting to determine discrepancies or inaccuracies in newspaper coverage of the Medgar Evers murder. She asserts that southern papers often printed the news in a much different perspective than what actually happened, assuming an agenda-setting role in framing news contexts to reflect or parallel the local ideology with respect to the Civil Rights movement. A different study of the Mississippi press conducted post-sullivan but still relevant found that editors and reporters alike responded in a manner indicating that a homogenous pattern of news judgment may exist among journalists in a state on small-circulation dailies in scattered locations. 87 This can be perceived as a regional characteristic, something this study attempts to examine further to either substantiate or deny such an assertion. Another study conducted by Nevious asserts that state courts in the Deep South found the law of defamation to be an effective muzzle against adverse commentary during the Civil

115 100 Rights movement. 88 Her findings suggest that the Times-Sullivan ruling did not live up to its full intention of providing freedom of speech the breathing room it needs to survive. There is, thus, relevance to the current study in providing support for consideration of regionalism as a defining parameter differentiating newspapers reporting on the Court concerning issues related to civil rights. Regional Similarities in News Coverage A content analysis in a 2001 Bramlett-Solomon study found more similarities than differences in how southern, northern, and western newspapers characterized black church burnings, a phenomenon occurring predominantly in the South that might equate to greater public interest and concern in that region. 89 A study by Nagel and Erikson looked at two-week periods in newspapers concerning a different religious matter, issue of separation between church and state, in an analysis directed at accounting for differences in the newspaper editorial reaction(s) to Supreme Court decisions. The latter study focused on major dailies only, however, looking at twenty-four newspapers from varied regions. Noteworthy from the Bramlett-Solomon study is the discovery that regional differences assumed to exist in news portrayals of racial conflicts were not discernible. Also of import here is the fact that most of the city newspapers in the Nagel and Erikson study, 83 percent, were identified as serving a Democratic-majority population. 90 What the latter study also found was that higher population cities account for similarities that defy regional tendencies, with the researchers rationalizing that urbanism was an overbearing influence as a constant variable to all sample newspapers. 91 The findings of these two studies suggest that existing mass media literature which has established that newspapers reflect the views and values of the social setting

116 101 in which they are produced is a generalized contention, that this was (and still is) not always the case. 92 Summary of Previous Newspaper Study Findings While the 2001 Bramlett-Solomon study infers there is no monolithic southern or northern press, the sample parameters employed focused on larger circulation newspapers, those typically generated in metropolitan areas. 93 It should also be noted the Solomon sample includes several newspapers from border states and those whose regional classification is questionable. 94 What these previous studies provide is qualitative evidence suggesting that there should be regionally defined differences in newspaper content between northern and southern newspapers. Newspapers and Editorial Decision-making This section looks at previous studies of the editorial selection process. A study by Gaunt looks at three medium-sized regional newspapers from different countries, while using a content analysis to ascertain any significant factor that might contribute to (or affect) the selection of news. While his approach covered one two-week period in three different venues, the current study looks at four separate one-week periods from fifty different mid-size daily newspapers. Similarities and trends between newspapers serving two distinct regions are investigated, rather than the determination of difference(s) between three separate countries, using one paper as representative of each region accordingly. 95 Influences to the Editorial Process Schudson asserts that most media studies focus on the bias, slant or frame of a news presentation, rather than on the information itself. Editorial decisions concerning framing are moral, ethical, and political judgments, those that are influenced by the internal priorities of

117 102 news institutions and the subjects they report about. 96 The news a newspaper prints is a selective interpretation of what is newsworthy, a subjective judgment that affects not only what is covered, but how it is handled. The decision(s) about what to present, along with where and how to present it, infer what news institution(s) believe to be important for their readers. Intentional political bias is often found to exist in the news media, as well. 97 The Sumpter study at a large daily newspaper found straightforward rules and set procedures inaccurately depict what determines newsworthiness, while maintaining that budget meetings were not a forum for determining newspaper content that might advance the editorial initiative of the focus newspaper. 98 The study found that editors identified two types of must stories, one of which was identified as a combination of soft and hard news that satiated political (and regional) interests. These were likened to the symbolic, audience-creating stories which Kaniss describes as part of community journalism. 99 The other category of news inclusion was labeled as reader must stories, those things that people either attend, are a part of or somehow have a special need for information concerning, in instances where they expect a newspaper to serve as a guide to social participation. 100 Reader Influences and Letters to the Editor Public amplification provides feedback for newspapers, relating what the people feel is of importance. A study by Wahl-Jorgenson investigates the criteria editors use to select letters, proposing that editors privilege individual expression over the expression of activist groups, while preferring emotionally charged stories that might appeal to other readers. 101 Certain topics such as Civil Rights movement coverage are a king of moral amplification and moral organization, an indication of public newsworthiness that has social relevance. 102 Hausman contends that, Journalists apply their knowledge of the human condition, and their concomitant

118 103 knowledge of what interests consumers, to determine what stories will be covered and featured. 103 The criteria used to determine what is news include an assessment of whether the editor feels that readers identify with a topic, either directly or indirectly, and whether the subject under consideration will have an immediate and direct impact on news consumers. Wire Service Agency Use Newspaper content is influenced by outside resources such as the wire services, selected releases that contribute to the creation of news articles. 104 News is constructed just like any other communication, with the convenience factor making for a situation where a great deal of material comes through agencies such as the Associated Press and other wire news services. This fact has previously been confirmed to be the case with civil rights news in Mississippi with the Weill study, providing relevance and justification for the conducting of qualitative analyses of wire news service usage in the current study. 105 Impact of the Supreme Court on Newspapers There are a variety of ways to interpret the perceived impact Supreme Court cases mentioned in Chapter Two (including Sullivan) had on the American public and the functioning of the typical American daily newspaper. This paper considers only that which might perceivably have a functional effect on editorial decision-making, in the process of determining coverage. Davis notes that it was not until 1965 that the Court began changing its opinion release schedule in order to accommodate the press. 106 The relevance to the current study is in prompting the sample span to be widened to nine days to gauge the editorial reaction to Sullivan, in fairness to those newspapers that did not have Washington news bureaus or reporters on special assignment covering the Supreme Court. As Haltom points out, Specialized media might accurately convey legal reasoning from courts to lawyers and judges, but the mass media

119 104 cannot, in Justice Scalia s view, even pretend to grasp what the judges are doing and so must mangle news in transmission. 107 Critical Social Theory and Newspapers Kincheloe and McLaren propose a reconceptualized critical theory updated for the new millennium. Their interpretation is guided by the assumption that social theory can function as a guide to the social sphere. The research context is one that helps devise questions and strategies for exploring the world, rather than attempting to determine what is perceived. In their view, A critical social theory is concerned in particular with issues of power and justice and the ways that the economy, matters of race, class, and gender, ideologies, discourses, education, religion, and other social institutions, and cultural dynamics interact to construct a social system. 108 Critical theory can facilitate critical enlightenment by identifying who gains and loses in specific situations where power interests are in competition with one another. 109 For the purpose of this study, the groups and individuals involved in such interaction would be the newspaper media, the editors and journalists of any given publication, and their respective readers. Those reporting judicial news are required to have a certain degree of knowledge about the legal ramifications and how Supreme Court decisions can have an effect on their readership(s). They are placed in a privileged position that allows for editorialization and speculation on future impacts of Supreme Court cases with little accountability for errors. This freedom is allowed due to the indeterminable nature of how the Courts might interpret its relevance to future cases that might directly impact the behavior of others, in this instance through possible selfcensorship on the part of newspapers or self-restraint by public officials.

120 105 Dominant Influence of Newspapers The role of the editor, simply stated, is to control and shape the news. This would include reporting information on government activity, the duty of clarifying information for the public, and the exercising of editorial discretion in the editing and selecting of newsworthy events for report in the context of limited space. Similarly, newspapers have been professed to be in a position of power where they assume an agenda-setting role as a public information source, through editorial discretion that might influence content by framing reportage within a political bias. A study by Nanney suggests that small daily editors are not assuming the role of agenda setter when acting in the gatekeeper capacity, however, but rather including content that moderately reflects what the readers say they want. 110 The conclusion of this researcher was that small daily newspaper editors do not lead or follow the audience, accordingly, but rather that the content they elect to publish does attempt to satisfy the wants and needs of their readers. Reader partisanship/affiliation is the focus of a Fico study that investigates news agency operations in an effort to pinpoint direct effects on perceived story bias. Fico found that agenda setting leads to a lack of credibility, the consequence that news organizations often face, while noting that the amount of coverage devoted to an issue can influence the public s perception, an agenda setting theoretical perspective. 111 Public opinion can be adversely influenced by story structure, with the findings suggesting that structural imbalance in controversy coverage may have a broad impact to society, while appearing to have a negative impact on readers. 112 The researchers contend that numerous content studies have demonstrated that balanced coverage of public policy conflict is rare, with this credibility issue playing an important factor in this phenomenon. 113

121 106 As the Fico study suggests, the usage of power and privilege by journalists does not necessarily have to be directed at a marginalized or oppressed group. This study has demonstrated one way the media can manipulate citizens to adopt the political, educational and other sociocultural priorities of those providing the information, however, through arguments presented in earlier in this chapter. What the current study shows is that newspapers as affected by regionalism can represent a social institution (a white-dominant newspaper, for instance) in a position of empowerment over others, as critical social theory suggests is the situation that leads to the cultural hegemony of an underrepresented group (perhaps Blacks, in current study context, in the South in the 1960s). The emphasis for concern that is relevant to the current study is that the media message can possibly be influenced in opposition to those populations actively protesting against segregation and discrimination, whether ethnically linked or not, as they represented a minority or marginalized group in the South. The media did have the option to frame the Sullivan case as either a legal battle between newspapers and public officials or a larger regional struggle if expanded to a civil rights context. Such is often the case when reporting on judicial matters that involve complex issues that have a multitude of not readily perceivable implications. The readers of such news often have an inherent interest in Supreme Court decisions, because of the possible effect they might have on their individual rights as citizens. With the Sullivan decision, this involved establishing the central meaning of the First Amendment with respect to free speech and freedom of the press. The relevancy to the current study s purpose is that the ability to selectively set the agenda effectively empowered journalists reporting on the constitutionality of civil rights issues to a certain extent.

122 107 Regionalism and Newspapers: Decision-Making This last section is included to build on the previous news studies introduced, offering clarification as to the rationale that might justify the inferences made concerning any link between regionalism and editorial decision-making, as it relates to the current study. This study distinguishes selective perception as separate from selective omission, where its functional effect through editorial decision-making is concerned. Selective perception on the part of editors is defined as a realization that is altered or influenced through the existence of preconceived notions or expectations. One example of how this might work in real life is the different importance placed on an observation, based on stereotypes concerning the participant(s) involved. When a police officer is seen speeding on the highway, for instance, this observation might be considered of less importance (and less newsworthiness, accordingly) than if that person were a school bus driver off duty. Selective perception can often negate the importance of an article in the eyes of an editor, resulting in the non-inclusion of what others might perceive as a newsworthy story. This phenomenon should never be confused with selective omission, however, because the latter often results in partial coverage, a situation where the editorial decision is often predicated on the available space and functional usage of an available news release or story. Selective omission is proposed as one way to rationalize the editorial handling of wire news service articles, a study result that will be discussed in Chapter Six. News Determinants and Newsworthiness The defining of newsworthiness to identify articles to be included from the study newspapers and the determination of coding variables are the two topics addressed here. Several communication scholars have reached various conclusions as to what approaches and methods

123 108 are effective in content analysis research. 114 Krippendorff stresses that content analysts rarely attempt to identify what messages are intended to mean or find any hidden messages. Scholarly efforts to determine reasons for the discrepancies that exist between real world events and news world versions often adopt a critical functional approach that examines the multi-step process of news gathering and distribution. The question arises as to what standards for newsworthiness are relevant, the norms used for comparison when assessing message content. Paisley defines several impinging norms, which he identifies as the all-language norm, the channel norm, the structural norm, the topic norm, the situational norm, the regional norm, the familial norm, and the individual norm. 115 The individual norm may apply to the editor and/or the reader respectively, while the situational norm and regional norm definitely have conditional bearing to this study. News judgment is an examined variable in the current study accordingly, the physical identification of when and how editors elect to cover news stories in their publications. 116 The conclusion of many studies is that gatekeepers (such as the regional editors of the current study) apply a set of traditional news values, those assumed to reflect a collective consensus that determines what is newsworthy, while omitting that which fails to filter through this process. Emphasis is placed on news that might have illicit public interest (through attractiveness to readers) either nationally or locally, created due to the timeliness or close proximity of such media events. A 1985 study by Fico was conducted under the assumption that editorial priorities, through the process of newsroom socialization, effectively influence how reporters define news and use news sources. 117 Wu notes that these gatekeepers tend to select information that reflects unexpectedness, proximity, conflict, discrepancy, and prominence. 118 Because of this, the general news typical of American newspapers tends to over-represent

124 109 events that occur close to home or incidents that are disruptive or that feature well-known or powerful people. The majority of such gatekeeper research is conducted at the domestic level, unlike the current study that is devoted to a focus on events of the regional and national interest, while also attempting to consciously avoid research that centers on news agency editors or local media editors of community newspapers, as does most of the past editorial content research. 119 Regionalism and Editorial Policy McQuail and his colleagues confirm the need for information, diversion, and social integration as considerations in psychologically-oriented studies. 120 The focus on media-related needs inferred or deduced as a motivating influence in the editorial decision-making process makes this relevant to the current study, one that does not appear to have a psychological orientation on the surface. The needs cited in the McQuail study are feelings fostered in a setting of shared regional ideology, one where members find support from others through shared identity. Our need to belong, for instance, is gratified in terms of experiences and sentiments that surround family, race, ethnicity, gender, religion, social class, and nation. 121 Pritchard uses the communal concept of reference groups and reputation to illustrate how individuals typically attempt to attain gratification from newspaper usage. People in a given reference group seek to influence how they are perceived by others members, often times exerting pressure toward journalists to control their reported content. 122 This study contends that editorial policy is used to selectively create the news for newsreader use(s) and can be influenced by consumer needs and the motivation to retain current readership by whatever means necessary.

125 110 Media Regionalism in Newspaper Policy Berry cites 15 conditions that affect editorial policy in America. 123 For the purposes of this paper, twelve of these have conditional bearing, dependent on regionally developed cultural variations that can affect media behavior and audience preferences. These are (1) finances, (2) responsibilities of the press (to society, to individuals, to government), (3) business considerations, (4) the tone of the paper, (5) religious considerations, (6) ethnic and social considerations, (7) patriotic considerations, (8) personal and group considerations, (9) the political outlook, (10) whims of the editor, (11) taboo subjects and (12) crusades. The crusades condition is particularly salient to this study in that the Civil Rights movement is an integral causal influence, the inspiration for the advertisement that led Sullivan to sue the Times. The three remaining editorial policy conditions that are discernible as having particular impact include (13) the demands of the readers, (14) the publisher's role in the community and most importantly, (15) sectionalism. The editorial policy of a given newspaper is always affected by the part of the nation in which the paper circulates. The newspaper must show some pride in its section, hereafter referred to as region in this study, which reflects the applicable geographical context. The regional distinction (cultural differentiation) in Sullivan is defined by the North-South rivalry that dates back to Civil War era, where Union and Confederate forces fought. 124 There is a prevalent influence that crosses political party lines, although more predominant in the Republican party, based on preliminary research and substantiated on several occasions in the Editor & Policy International Yearbook where newspapers indicated their political affiliation(s). 125 Using the conditional criteria Berry prescribes, a newspaper must evidence concern for the welfare of its region through its editorial policy, as well as handle news

126 111 in keeping with the overall atmosphere of its regions. This handling of coverage effectively serves the constituents with appropriate coverage to match regional information needs. 126 The Regional News Model The following section elaborates on the dynamics of the editorial decision-making process. The general models for communication research that address the exchange of messages can be categorized as one of three types: association models, discourse models, and communication models. 127 Consideration is given to the viability of a regional news model similar to these less-specific models that track the creation and flow of information, with the focus being the handling of information involving public affairs or concerns. Combined with regionalism theory in the current study, the assertion can be forwarded that a conception of social order based on normative models differs in various regions, as they are principled on moral rules and cultural values that dictate what is intrinsically right, in a manner of speaking. 128 The flow chart for this regional news model (see Appendix 5B) is constructed after analyzing how media companies handle coverage of common media events, with attention devoted to the rationale for different handling of information in a way that caters to their regional audience(s). One key distinction of this proposed model is that local news should not be considered as simply that which happens in close geographic proximity, instead advocating the conceptualization of local news as that information which is needed in order for an individual to operate as an effective member of a local community. This functional model is characterized by the dynamic interaction between media (regional newspapers in particular) and the audience (newsreaders in particular) as applied to the current study.

127 112 Summary of Chapter This chapter details the unique differences, politically, socially, and economically, of the southern tradition when compared to the atypical northern cultural lifestyle. Political disparity among those residing in either region is asserted by political regional scholars to be a matter of choice, the conscious effort to remain separate. The theory of regionalism embraced by sociological scholars such as Odum considers many other variables, however, with literacy and education being the most relevant to a study of regionalism and newspapers. Critical social theory and how it might relate to the creation, distribution, and subsequent impact of news on society is discussed on relation to midsize newspapers, as well as the proposal of a regional news model to examine the dynamics of editorial practices. Evidence to support the drawing of inferences with respect to editorial decision-making, using regionally-based factors that related to dependent variables, was discussed at length. Support for the study of wire service usage and evidence that past newspaper studies did not focus specifically on midsize newspapers when searching for geographically aligned regional differences is also offered. Chapter Four proceeds with the construction of various coding procedures and operationalization of regional variables, based upon the literature review in the first three chapters.

128 113 NOTES 1. Dewey W. Grantham, The South in Modern America: A Region at Odds (Fayetteville: The University of Arkansas Press, 2001), Michael Steiner and Clarence Mondale, Region and Regionalism in the United States: A Source Book for the Humanities and Social Sciences (New York: Garland Publishing, 1988). Peter A. Andersen, Myron W. Lustig, and Janis F. Andersen, Regional Patterns of Communication in the United States: A Theoretical Perspective. Communication Monographs 54, no. 2 (June 1987): Daniel J. Elazar, American Federalism: A View from the States (New York: Crowell, 1972), , 119. The Yankee political culture immigrated from Scandinavia and northern Europe, beginning with New England and spreading westward through New York. 4. ibid., 112. Elazar asserts that states of the greater South are now generally dominated by this traditionalistic political culture. 5. ibid., Elazar, 120. Elazar sees this as part of American political life. Other political scholars such Joel Garreau, The Nine Nations of North America (Houghton Mifflin,1981) along with the political geographers in the Andersen (1987) study cited in footnote 2 also rely on geographical parameters when analyzing regional research, by dividing America into distinguishable subsectors. 7. This party shifting is proposed to be one of the characteristics used to trace or define the changing political agenda (if any) of the northern and southern newspapers. 8. Thomas J. Sugrue, Crabgrass Roots Politics: in The Civil Rights Movement, ed. Jack E. Davis, 64 (Malden, MA: Blackwell, 2001). 9. ibid., 83; this would be congruous with the Democratic-Republican flip-flop that occurred between the Northeast and Deep South regions define as sample preferred states. 10. ibid., 65; The local politics of race and housing were issues during the New Deal era. The Second Great Migration of southern Blacks to Detroit after World War II served as the catalyst for political tension and unrest. 11. ibid., Ben H. Bagdikian, Case History: Wilmington s Independent Newspapers. Columbia Journalism Review 3, no. 2 (Summer 1964): 13; Bagdikian used two Wilmington (DE) papers, the Morning News and the Evening Journal, as evidence to support his contention. 13. Vernon Carstensen, The Development and Application of Regional-Sectional Concepts: in Regionalism in America, ed. Merrill Jensen, 108 (Madison: University of Wisconsin Press, 1965). 14. Odum differentiated what he referred to as the Southwest and Southeast regions, with the latter comprising most of the states that are commonly recognized as part of the South.

129 Cartensen, ; the Northeast region includes the New England states, as well as NY, NJ, PA, DE, WV, MD and DC. The Southeast region was comprised of VA, NC, SC, GA, FL, AL, MS, LA, AR, TN and KY. Refer also to Appendix 4A. 16. Andersen, Lustig, and Andersen, Various maps and information collected from researchers included Hofstede, Elazar, Zelinsky, Gastil, Garreau, and Bigelow. 17. Grantham, 2001, 25; he identifies OK, TN, ARK, TX, LA, KY, VA, NC, SC, MS, ALA, GA, FL are identified as part of the South. 18. Joel Garreau, The Nine Nations of North America (Boston: Houghton Mifflin, 1981). 19. Paul Challen, A Sociological Analysis of Southern Regionalism: The Contributions of Howard W. Odum (Lewiston, NY: Edwin Mellen Press, 1992), 24; this grouping is the states of the former Confederacy without Texas, instead adding Kentucky. 20. ibid. The main factors for excluding Maryland were that the literacy rate was considerably higher, the wealth, income and banking resources were greater, and the mean value of land and property was a higher index than its southern counterparts. 21. Challen, 1. Odum also considered adult education, social work, and public health. 22. Howard W. Odum, The Promise of Regionalism in Regionalism in America, ed. Merrill Jensen, (Madison: University of Wisconsin Press, 1965); Andersen, Lustig, and Andersen, Challen, 22. Odum collected data while on the Southern Regional Committee. 24. ibid., Howard W. Odum, Southern Regions of the United States (Chapel Hill: University of North Carolina Press, 1936), To Odum, sectionalism tended to take the form of loyalties to the past and to outmoded patterns rather than faith in the future and confidence in achievement. The South was conducive to isolation, individualism, in-growing patriotism, cultural inbreeding, civic immaturity, and social inadequacy, due to backwardness. 26. Elazar, ibid.; the third sphere is the greater West. 28. See Rupert B. Vance and Katherine Jocher, Howard W. Odum. Social Forces 33 (1955): According to Vance and Jocher, this group included a group of scholars at the University of North Carolina and the Institute for Research in the Social Science. Rupert Vance was also a cohort of Odum s, a sociology professor at University of North Carolina. Vance s work, although not documented in the body of this study, provides justification for the current study approach as well. See Rupert B. Vance, The Regional Concept as a Tool for Social Research in Regionalism in America, ed. Merrill Jensen, (Madison: University of Wisconsin Press, 1965) for more. 29. Odum was raised by a fundamentalist-methodist father and he was loyally and patriotically southern to the end, by his own admission. These strong family ties made him decidedly pro-south and anti-yankee and this was evident in his work.

130 Sociologists such as Tindall and O Brien; George B. Tindall, The Significance of Howard W. Odum to Southern History, a Preliminary Estimate. Journal of Southern History 24 (1958): 307; Michael O Brien, The Idea of the American South, (Baltimore: John Hopkins University Press, 1979), Challen, 5; Odum s theory of regionalism reached its most mature form in 1936 with the publication of Southern Regions. 32. ibid., 2, 10. According to Challen, Southern attempts at self-criticism are useful in helping the South escape the kind of New South Creed rhetoric that had filled the pages of southern newspapers during the 1890s and the first two decades of the twentieth century. 33. ibid., 25. Odum viewed resources in the South from an optimistic perspective that perceived potential for significant development. His fixation on identifying southern inadequacies was a proactive attempt to use regionalism as a means of social amelioration. 34. ibid.; Odum was one such southerner, along with many of his sociologist colleagues. 35. Stanley E. Flink, Sentinel Under Siege: The Triumphs and Troubles of America s Free Press (Boulder, CO: Westview Press, 1997), Aaron Wildavsky, David Schleicher, and Brendon Swedlow, Federalism & Political Culture (New Brunswick: Transaction Publishers, 1998), These assessments and analogical observations of current Southern asset usage include: (1) Resources Superabundance; (2) Science, skills, technology, and organization Deficient; (3) General economy Waste; (4) Culture Richness, with immaturity and multiple handicaps; (5) Trends Hesitancy and relative retrogression in many aspects of culture; Lost legacy of southern patriotism; Respect for both the yeoman and cavalier ideals of the agrarian Old South. 38. Louis Wirth, The Limitations of Regionalism, in Regionalism in America, ed. Merrill Jensen, 391 (Madison: University of Wisconsin Press, 1965). 39. Melvin M. Tumin, Desegregation: Resistance and Readiness (Princeton, NJ: Princeton University Press, 1958), ibid., ibid., ibid., Roy E. Carter Jr., Segregation and the News: A Regional Content Study. Journalism Quarterly 36, no. 1 (Winter 1957): The rationale is that those southern and western areas of the eastern United States, where people were less inclined to literacy, represented less attractive zones. 45. This of course assumes they will follow the growing trend in other media, such as magazines and cable television, to create a media product to target a particular market segment. 46. Phyllis C. Kaniss, Making Local News (Chicago, IL: University of Chicago Press, 1991), 3, 4, 63, 77.

131 Instead of serving the newspaper s interests primarily through circulation revenue, many newspapers were forced to serve the interests of their advertisers instead; see Regional News Model in Appendix 5B. 48. Kaniss, 2, Kaniss, 71; This priority was dependent on the primary advertisers, whether local or regional in their product base, those consumers they sought to target. 50. This would be a gratification for businesses, maximizing potential ad reach. 51. Kaniss, 9; this offers another angle justifying further study, to investigate what Kaniss refers to as city myopia. The research of the current study might investigate whether such an effect can be extended to be regional myopia with respect to national news issues, for instance. 52. Frederick Fico and William Drager, News Stories About Conflict Generally Balanced. Newspaper Research Journal 22, no. 1 (Winter 2001): The What Separates the South column is a syndicated offering, written by Ralph McGill, editor and publisher of the Atlanta Constitution. 54. Weill, 2002, ix; an example is offered by Ira Harkey, with the headline, 2 Men Escape in Car Crash, Negro Killed. 55. ibid.; the terms yard boy and just a nigger were offered by Harkey, who comments that readers assumed men were white, because they were not referred to as Negroes or colored. 56. Dudley Clendinen, In the South When It Mattered to Be an Editor. Media Studies Journal 9, no. 1 (Winter 1995): ibid.; Clendinen attributes this behavior to the propensity southerners have to cling to old traditions from the time of John C. Calhoun. 58. Clendinen, Anonymous Southern Businessman, A Case for News Suppression. Columbia Journalism Review 2, no. 3 (Fall 1963): His argument is grounded on the notion local white activists such as the KKK and redneck types are more inclined to resort to violence as a response to such news stories. 61. ibid., Semmes, Weill, 2002, ibid., Clendinen, 17.

132 W. Stuart Towns, Public Address in the Twentieth-Century South: The Evolution of a Region (Westport, CT: Praeger, 1999), 149. This quote refers to Wilbur J. Cash, quoted in Bruce Clayton, W.J. Cash: A Life (Baton Rouge, La., 1991), Roger Williams, Newspapers of the South. Columbia Journalism Review 6, no. 2 (Summer 1967): 26; this involved playing down racial trouble in their own cities, while highlighting incidents in the North. 68. ibid., 27; Williams attributes this, in part, to the intense pressure that the Civil Rights movement had placed on the white South. This came in the form of demonstrations, unfavorable court decisions such as Brown, and uninvited criticism from newspapers in the North. 69. ibid.; this editor was Thomas Waring of the Charleston News and Courier, when explaining the rationale for ignoring a Black boycott in their publication for more than a month in ibid., 31-32; this Charleston paper was joined in South Carolina by the Columbia State and Record, other state newspapers that espoused strictly southern politics and practiced small-town journalism (32) into the early 1960s. 71. ibid., 30; Williams points out that some papers initially printed separate Negro editions, but most have in fact abandoned this policy as uneconomical. 72. Studies involving southern newspapers included in the bibliography are Bramlett- Solomon (1988), Roy Carter, Jr. (1957), Domke (1996), Durham (2002), Ely (1995), Katagiri (1997), Martindale (1985), Nelson (2001), Secrest (1971), Tatro (1982) and Weill (1999). 73. David Domke, The Press and Delusive Theories of Equality and Fraternity in the Age of Emancipation, Critical Studies in Mass Communication 13 (1996): Brown, 347 U.S. 483 (1954). This landmark decision concerned segregation in public schools and addressed the issue of racial equality. 75. Roy E. Carter, Jr., Sharon Bramlett-Solomon, Southern v. Northern Newspaper Coverage of the Dime Store Demonstration Movement: A Study of News Play and News Source Diversity. Mass Comm Review 15, no. 1 (1988): 24-25; this in order to fill their pages with pro-segregation copy. 77. Susan Marie Weill, In a Madhouse s Din: Civil Rights Coverage by Mississippi's Daily Press, (Westport, CT: Praeger, 2002); Weill defined five media events and collect articles from one-month to three-month time intervals that encompassed these incidents. 78. One focus event in Weill s study was the Brown decision, which eventually led to newsworthy commentary in a New York Times editorial on March 19, The more relevant incident, that within the study period, is the James Meredith attempt to integrate in Weill, 2002, ibid., 243, 247. Three editors were exceptions to this trend: Hodding Carter, Jr., Hodding Carter III, and Ira Harkey, all of whom advocated equal rights and fairness. 81. ibid., 243.

133 ibid., 248, 250; Weill found that Mississippi daily newspapers never encouraged or condoned violence during the five events within the study period. 83. Bramlett-Solomon, 1988, 24; this scholarly source would be Roger Williams, Newspapers of the South. Columbia Journalism Review 6 (Summer 1967): ibid.; see also James Boylan, Birmingham Newspaper in Crisis. Columbia Journalism Review 2 (Summer 1963): Bramlett-Solomon, 1988, 25. Her study monitored coverage of five large northern and five large southern newspapers, those with circulations over 100, Stephanie Rolph, Integration, Agitators, and Murder: The Clarion Ledger's Coverage of the Civil Rights Movement (Master s thesis, Mississippi State University, 2004). 87. Will Norton, Jr., John W. Windhauser, and Allyn Boone, Agreement Between Reporters and Editors in Mississippi. Journalism Quarterly 62, no. 3 (Autumn 1985): 636. The study rationalized that such news selection agreement is not uncommon. 88. Kristen Dollase Nevious, The Law of Libel and Public Speech in Alabama, Arkansas, Georgia, Mississippi and South Carolina: A Content Analysis (Ph.D. diss., Southern Illinois University at Carbondale, 1992), ii. This phenomenon included editorials by newspapers covering the Times-Sullivan ruling or conduct of those public officials who controlled protestors. 89. Bramlett-Solomon, 2001, 29; a different study because two of her studies are cited in the current research. Black church burnings were reported to occur largely in the South, a region popularly portrayed as less racially tolerant than other quarters of the nation. 90. This would be twenty of the twenty four sampled; the exceptions were: Seattle (Times), Dallas (Morning News), Indianapolis (Star), and Des Moines (Register). This was from a study by Stuart Nagel and Robert Erikson, Editorial Reaction to Supreme Court Decisions on Church and State. Public Opinion Quarterly 30, no. 4 (Winter 1966): This Democratdominant demographic found to exist in larger, urban cities support the supposition(s) by made Odum and other sociologists concerning political regionalism an the urbanization effect (Ch. 1). 91. Nagel and Erikson, 652. The regional differences Nagel and Erikson expected were in fact between southern and northern newspapers, addressing religion and state power issues. 92. Maxwell E. McCombs and Donald L. Shaw, The Agenda-Setting Function of the Mass Media, Public Opinion Quarterly 36, no. 2 (Summer 1972): ; Gaye Tuchman, Making News: A Study in the Construction of Reality (New York: Free Press, 1978), 192; Todd Gitlin, The Whole World is Watching (Berkeley, CA: University of California Press, 1980). 93. Bramlett-Solomon, 2001, The Cleveland Plain-Dealer, Washington Post, Baltimore Sun, Washington Times, Indianapolis Star, and Rockford Register Star, were included as northern, from border states using the sociological indices of regionalism theory introduced in Chapter Three(Odum). The inclusion of the Tulsa World, Des Moines Register, Daily Oklahoman & the St. Louis Post- Dispatch as northern was suspect, as was four Florida newspapers in the southern dataset.

134 Philip Gaunt, Choosing the News: The Profit Factor in News Selection (New York: Greenwood Press, 1990). 96. Michael Schudson, The Sociology of News (New York: W.W. Norton & Co., 2003), 32, ibid., Randall S. Sumpter, Daily Newspaper Editors Audience Construction Routines: A Case Study. Critical Studies in Media Communication 17, no. 3 (September 2000): ). 99. Phyllis C. Kaniss, Making Local News (Chicago, IL: University of Chicago Press, 100. Sumpter, Karin Wahl-Jorgensen, Letters to the Editor as a Forum for Public Deliberation: Modes of Publicity and Democratic Debate. Critical Studies in Media Communication 18, no. 3 (September 2001): Schudson, 2003, Carl Hausman, The Decision-Making Process in Journalism (Chicago: Nelson Hall Publishers, 1990), Graeme Burton, More Than Meets the Eye, 2nd ed. (New York: St. Martin's Press, 1997), Weill, 2002, 248, 250; see footnote Richard Davis, Decisions and Images: The Supreme Court and the Press (Englewood Cliffs, NJ: Prentice Hall, 1994), 36-37; during the later Warren Court years, the policy of releasing decisions only on Mondays was changed after a lobby campaign by the press William Thomas Haltom, Reporting on the Courts: How the Mass Media Cover Judicial Actions (Chicago: Nelson Hall Publishers, 1998), 63. The rationale for expanding the coverage span was to allow editors additional time to interpret the significance of Sullivan and included those newspapers which relied heavily on the wire services for news copy Joe L. Kincheloe and Peter McLaren, Rethinking Critical Theory and Qualitative Research in Handbook of Qualitative Research, 2nd ed., ed. Norman K. Denzin and Yvonna S. Lincoln, 281 (Thousand Oaks: Sage, 2000) Thomas S. McCoy, Voices of Difference: Studies in Critical Philosophy and Mass Communication (Cresskill, NJ: Hampton Press, 1993), McCoy notes researchers of mass communication need to be aware of hegemony and domination when cultures co-exist Robert Nanney, Do Community Editors Lead or Follow Their Audiences? A Coorientational Study of Small Daily Gatekeepers, Their Audiences, and Newspaper Content. Ph.D. diss., Ohio University, Abstract in UMI ProQuest Digital Dissertations AAT Frederick Fico and William Cote, Partisan and Structural Balance of Election Stories on the 1998 Governor's Race in Michigan. Mass Communication & Society 5, no. 2

135 120 (2002): This study judged the power of the press to influence policy decisions and whether news consumers adopted the point of view articulated in an imbalanced story ibid. An experiment performed with 313 students at a large mid-western university found that partisanship did not significantly affect perceptions of bias, quality, or credibility ibid George Gerbner, Ole R. Holsti, Klaus Krippendorff, William J. Paisley, and Philip J. Stone, The Analysis of Communication Content: Developments in Scientific Theories and Computer Techniques (New York: John Wiley & Sons, 1969); see also Daniel Riffe, Stephen Lacy, and Frederick G. Fico, Analyzing Media Messages: Using Quantitative Content Analysis in Research (Mahwah, NJ: Lawrence Erlbaum Associates, 1998) William J. Paisley, Studying Style as Deviation from Coding Norms in The Analysis of Communication Content: Developments in Scientific Theories and Computer Techniques, ed. George Gerbner, Ole R. Holsti, Klaus Krippendorff, William J. Paisley, and Philip J. Stone, (New York: John Wiley & Sons, 1969) Riffe, Lacy, and Fico, 7-9. A more detailed account concerning news judgments Frederick G. Fico, Perceived Roles and Editorial Concerns Influence Reporters in Two Statehouses. Journalism Quarterly 62, no. 4 (Winter 1985): H. Denis. Wu, Systematic Determinants of International News Coverage: A Comparison of 38 Countries. Journal of Communication 50, no. 2 (Spring 2000): 110. Arguably this supports the popular notion that most journalists tend to follow the status quo Wu, See Denis McQuail and Michael Gurevitch, Explaining Audience Behavior: A Revised Perspective in The Uses of Mass Communication: Current Perspectives on Gratifications Research, ed. Jay G. Blumer and Elihu Katz, (Beverly Hills, CA: Sage Publications, 1974) for more on this gratification perspective Frederick Samuels, Human Needs and Behavior (Cambridge, MA: Schnenkman, 1984), David Pritchard, ed., Holding the Media Accountable: Citizens, Ethics, and the Law (Bloomington: Indiana University Press, 2000), Thomas E. Berry, Journalism in America: An Introduction to the News Media (New York: Hastings House, 1976), Refer to Appendix 4B (map) Appendices 1A and 1B, or Editor & Policy International Yearbook, 1960 edition Berry, Klaus Krippendorff, Models of Messages: Three Prototypes. in The Analysis of Communication Content: Developments in Scientific Theories and Computer Techniques, ed. George Gerbner, Ole R. Holsti, Klaus Krippendorff, William J. Paisley, and Philip J. Stone, (New York: John Wiley & Sons, 1969).

136 128. See John K. Rhoads, Critical Issues in Social Theory (University Park, PA: Pennsylvania State University Press, 1991), 155. Rhoads refers to the normative order, while emphasizing that Authority is vested in those whose function it is to enforce the norms. This would include law enforcement agencies as well as the Supreme Court and other courts, for the context of the current study. The press are also construed to be in a position of empowerment, in their ability to manipulate or shape of the minds of the public, to a certain degree, through their coverage. 121

137 122 CHAPTER IV. METHODOLOGY The following research questions and hypotheses guided the methodology during the sampling procedures, the operationalization of the coding tools, and the subsequent analysis of the content in the study newspapers: Research Questions RQ1: Was the Sullivan case coverage in midsize newspapers different than national newspapers in terms of content or framing, and if so, what do these differences suggest about editorial handling of the case? RQ2: Did any one national provide more (or less) comprehensive coverage of the Sullivan case than other national newspapers, in terms of article frequency or space allotment? Also, did any one midsize provide more (or less) comprehensive coverage of the Sullivan case than other midsize newspapers, in terms of article frequency or space allotment? RQ3: Were there any regional differences between northern and southern midsize newspapers concerning coverage of the Sullivan case, and if so, were article size or article placement parameters exhibiting regional variation? RQ4: Did regionalism appear to be a dominant influence on midsize newspapers, with respect to decisions concerning inclusion (devotion of space) and appropriateness (for their readership) of public affairs news such as the Sullivan case? If so, was there increased coverage of the Alabama court events in southern papers versus northern papers? Also, was this followed by increased editorial coverage of the Supreme Court events in northern versus southern papers? Hypotheses The following research hypotheses were formulated in response to RQ3 and RQ4: H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of the Supreme Court proceedings, Incidents C and D, compared to southern newspapers. H2: Southern papers will devote more space and/or more prominent placement to news coverage of the Alabama court proceedings, Incidents A and B, compared to northern newspapers. H3: The southern newspapers will devote more positive editorial commentary to the Alabama court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to the Supreme Court decisions, Incidents C and D, than their regional counterparts. The hypotheses are premised on the supposition that the South will report on Sullivan differently and would reflect what might be described as regionalism in coverage, particularly in

138 123 the editorial content of the Alabama newspapers, those covering local court news. 1 The rationale for H1, H2, and H3 hinges on the southern propensity to remain separate from the North, an inclination this study asserts as having created a sense of regional community-ship, one that influenced both southern editors and readers. Sampling Procedures To investigate how regionalism may have influenced the reporting of the Sullivan case, articles were gathered from six national and 54 midsize newspapers. The national papers selected were the New York Times, the Washington Post, the Chicago Tribune, the Atlanta Constitution, the Montgomery Advertiser, and the Philadelphia Inquirer. The 54 midsize newspapers, those with circulations between 25,000 and 100,000, were selected from states in the northern and southern region (see Table 4.1). 2 There were 29 midsize newspapers included from the northern region, with 25 from the southern region. Table 4.1 Sample Midsize Newspapers, by Region Northern Newspapers The Evening Press Schenectady Gazette Niagara Falls Gazette Utica Observer The Times-Union The Post-Standard New Britain Herald Bridgeport Post Bridgeport Telegram Waterbury Republican New Haven Register The Union-Leader Worcester Telegram The Standard-Times The Lowell Sun The Patriot-Ledger The Daily Home News Trenton Evening Times The Bergen Record Courier-Post Asbury Park Even. Press Reading Times-Eagle Erie Daily Times The Patriot The Intelligencer-Journal The Scranton Tribune The Scranton Times Morning Call-Chronicle Wilmington News Meriden Record* Clarion-Ledger Meridian Star Dothan Eagle Huntsville Times Jackson Sun Press-Chronicle Herald-Courier Anniston Star News-Sentinel Asheville Citizen Macon Telegraph Mobile Register Greenville News Southern Newspapers * The Meriden Record and Augusta Chronicle were unavailable for some dates and not included in analysis accordingly. Anderson Independent The Columbia State Columbus Ledger Columbus Enquirer News And Courier Southwest American The Gadsden Times Chattanooga Daily Times Savannah Morning News Biloxi Daily Herald Hattiesburg American Delta Democrat-Times Augusta Chronicle* Northern newspapers were limited to states among the thirteen original colonies, with first preference assigned to those above the Mason-Dixon line. 3 This included Pennsylvania (7),

139 124 New York (6), Connecticut (5), New Jersey (5), Massachusetts (4), New Hampshire (1), and Delaware (1). The southern sample was collected from Alabama (5), Mississippi (5), Tennessee (5), Georgia (4), South Carolina (4), North Carolina (1), and Arkansas (1). Southern newspapers were limited to 7 of the 11 southern states as defined by Odum, with preference given to those within or bordering the Bible Belt. 4 Odum identified Louisiana, Florida, and Arkansas as less representative of the Deep South, with the first two eliminated and the latter limited to one publication. Kentucky and Virginia were also eliminated as Border States. 5 The primary sample focus was news and/or editorial coverage during key moments of the New York Times v. Sullivan case. 6 Four media events designated as Incidents A, B, C, and D defined the sample timeline. Incident A was the Sullivan original trial decision (November 4, 1960) from an Alabama district court. Incident B was the Alabama Supreme Court decision (August 30, 1962), where southern state justices denied the Times appeal by affirming the original trial decision. Incident C was the U.S. Supreme Court acceptance of the Sullivan case (January 8, 1963), the decision to review the constitutionality of the original trial decision at the federal level. Incident D was the U.S. Supreme Court final decision (March 9, 1964) finding in favor of the New York Times on appeal, a federal ruling that overturned the Alabama state decision(s). Article Selection Process Articles were collected in a nine-day sample range that followed each legal decision in the Sullivan case. This allowed for possible delays in the publication of a weekly editorial summary from those that did not publish a Sunday edition. 7 The sample gathering process ended with 1,809 articles copied from microfiche, which were initially screened for any news or commentary involving civil rights, newspapers, and/or the U.S. Supreme Court. The sample was

140 125 then filtered down to 258 articles, those with an article focus on the Sullivan case or the First Amendment issues (free press, libel) it addressed. 8 The figures in Table 4.2 show that threequarters of the final sample articles were devoted to either coverage during the original trial decision (Incident A) or final Supreme Court decision (Incident D), with over fifty percent of the study sample devoted to the latter. Table 4.2 Distribution of samples articles by Incident Time Span Sullivan venue # Articles % Study Sample Incident A AL Trial court % Incident B AL Appellate Court % Incident C SCOTUS cert % Incident D SCOTUS - decision % Study Total % Coding Procedures The content analyzed within publications included the full text for any articles, editorials, or news briefs, along with any graphics or photos that were attached to such pieces. Content was closely examined for editorial differences in physical handling first. All articles were fundamentally sorted 9 using the following rules: (1) Article Focus, with respect to either: regional/political; civil rights; Supreme Court; Sullivan case; or news industry. (2) Article Type, as either: news story; editorial/feature; or other coverage/briefs. All articles were visually coded 10 using the following rules: (3) Article Size, reflected in either column inches of space (0 to 3", 4" to 6", 7" to 13", 14" to 22") or in terms of columns/pages devoted (1+ col., 1/4 to 1/2 pg., 1/2 to 1 pg.).

141 126 (4) Article Placement, by page number and location. Articles are codified in terms of prominence, page-wise and vision level (above fold or below fold). (5) Source Origin, by internal versus external sources; specific source coding variables included publisher, editor, staffer, wire news service, freelancer, and syndicator. All articles were then subjected to advanced sorting 11 using the following criteria: (6) Article Categorization, by article type, article focus, article source, and incident span; categories were used to distinguish specific handling differences. For categorical analysis of content, (1), (2), (5), and (6), the unit of analysis was the article itself. The visual analysis relied on incremental values as the unit of analysis, numerical ranges of measurement defined in terms of space (3) or location (4). While every article was subjected to coding for (1) through (6), only wire service articles, those acquired through subscription to a major news service (AP, UPI) or purchased from a syndicated news source, were coded for (7) through (11). An exception was made to include original editorials, those internally sourced by a given newspaper, in (10) for comparison purposes in analysis of editorial content differences. Wire service articles 12 during Incident D (specific source origin, specific time span) were coded using the following rules: (7) Wire Article Type, by news story, editorial piece, or feature column. (8) Wire Article Usage, by number of paragraphs from a coding key for each sample newspaper found to publish a multiple-use wire article. The paragraph count in a sample article, divided by the coding key paragraph total, was used to calculate percent usage for each instance utilized.

142 127 (9) Article Bias, by headline assessment as pro-north, pro-times, pro-decision, neutral, prosouth, pro-sullivan, and/or anti-decision. For wire service analyses, the unit of analysis in (7) and (9) was the article. The quantitative unit of analysis in (8) was the paragraph; a coding key was constructed, representing the total number of paragraphs as discovered from sample articles created from a given wire release. 13 The text under scrutiny in (9) was the headline and subheads (where applied), through content (bias) and design (type style/size choice) variance; this involved a critical analysis of word selection and issue framing from a regional perspective. 14 Original editorial columns and wire-service syndicated features during Incident D were further coded using the following rules: The unit of analysis in (10) and (11) was the article. The publication type was defined by circulation size (national, midsize) and region (northern, southern) where applicable. (10) Sullivan Editorial Decision, by number of wire service (externally-sourced) column uses versus original (internally-sourced) editorial opinion columns created; this coding was then sorted by publication type (national, northern, southern). The coding in (10) involved source of origin and article type, as correlated regionally to publication type. Externally-sourced articles were critically compared against any internallysourced (original, unique) opinion commentary offered by various publication types during Incident D, noting editorial differences in handling the Sullivan final decision. (11) Associated Press Editorial Usage, by article placement (news feature or editorial). The coding in (11) was limited to Associated Press editorials from among the previously coded articles identified in (10), more specifically to editorial features written by James Marlow. This additional coding served to document the utilization of multiple-use wire

143 128 service articles within sample newspapers, determining any placement differences (news feature, editorial) as correlated to publication type. Intercoder Reliability To determine coder reliability, a second person coded 55% of the content using the basic coding schedule. 15 The quantitative and noninterpretative variables such as article size, article placement, article type, article source and incident span were not examined in the intercoder reliability test. Using Holsti s formula 16, the average agreement for the coding was 91.5%. There was, however, 100% agreement with respect to article inclusion within the study, a primary or secondary focus on Sullivan. 17 Data Analysis Procedures The statistical testing of the research questions and hypotheses was accomplished through uncovering discernable patterns in the coding responses that support conclusions or inferences. The first step was the creation of clusters designed to simplify the data analysis. The operationalization of five new clusters, accomplished by combining data into bivariate coded sets, were labeled as REGIONAL (IncidentAB, IncidentCD), MIDSIZE (Northern, Southern), SAMPLE (National, Midsize), SOURCE (External, Internal), and ARTICLE (News, Editorial). This portion of the analysis involved assigning one of a bivariates in a cluster as an independent variable, tested in correlation with another predetermined cluster, through a crosstabulation. The unit of analysis was the article in all instances. 18 Summary of Methodological Procedures The methodology is a content analysis of midsize newspapers that focused on determining how the northern and southern press handles news, through assessing differences in handling and determining the amount of wire service usage. The study sample of 258 articles,

144 129 those related to Sullivan, were coded to determine content in terms of article focus, article type, article size, article placement, article frequency, and source of origin. The article focus variable was crosstabulated between two coders to establish intercoder reliability. Specific cluster variables, the most complicated of which was the article category variable, were created in order to facilitate the statistical analyses. Clustering was necessary in order to examine regionalism as related to specific article handling differences. Two types of frequency tests were performed: 1) Newspaper Frequencies (Incident coverage by newspaper) 2) Article Frequencies (Incident coverage by article) This was the first step towards examination of regional differences with respect to the research questions. This was followed by a sorting of data by publication in relation to newspaper size, geographic locale, and article source. Information pertaining to editorial handling of the wire service articles, in the form of inclusion or omission of text, was used to ascertain if differences based on regional parameters were discernible, as well as a qualitative headline assessment where applicable. The findings and statistical determinations from this content analysis follow in Chapter Five.

145 130 NOTES 1. This includes the Montgomery Advertiser, which is sampled to ascertain whether a national paper was inclined to devote what is expected to be more editorial attention to Incidents A and B (localized events), while offering readers less editorial coverage of Incidents C and D accordingly. 2. These circulation numbers were determined from figures in Editor & Publisher International Yearbook (1960 edition). A comprehensive list of all sample publications, their circulation numbers, and other characteristics relevant to a study of regionalism is contained in Appendices 1A (northern), 1B (southern), and 1C (national). 3. The northeastern states above or bordering the Mason-Dixon Line among the thirteen original colonies includes PA, DE, NJ, CT, NY, MA, RI, and NH. No newspapers within the midsize circulation range were found in RI. VT and ME were identified as least-preferred because they were not among the thirteen original colonies, as was Ohio, with the supporting rationale for exclusion the argument that regionalism is historically passed along through the generations. 4. Nine states identified by Odum make up the South for this study: AL, AR, GA, KY, MS, NC, SC, TN, and VA. LA and FL were discretionary exclusions as least-preferred states. See maps in Appendices 4B (States of the Confederacy) and 4C (The Cotton Kingdom) for representations of those Southern states that are near the Bible Belt. Kentucky and West Virginia, were provisionally excluded from the study, identified as border states during the Civil War, while Maryland was excluded based on Odum s observation that it was economically and demographically northern in its regional characteristics, yet southern geographically. 5. Border States refer to those that had both Southern and Northern ties during the Civil War. While the Northern influence in Virginia was minimal, its geographic proximity to Washington D.C. was an eliminating factor as well. 6. Their newsworthiness was determined through the use of Facts on File, Inc.; refer to the bibliography under the editor s name, Lester A. Sobel, for the exact volumes used. 7. This expanded week range was deemed necessary because two of the media events occurred on days adjoining a weekend, and those without Sunday editions generally published their weekly editorial responses in their Saturday edition. The expectation of a next-day editorial response from midsize newspapers with smaller staffs was considered unrealistic, accordingly. 8. This filtering process used Coding Schedule Part I (see Appendix 2D) for identification of Sullivan-related articles. 9. See Appendices 2B and 2E for foci definition(s) and coding tools. 10. See Appendix2D, Coding Schedule Part I, for coding tool. 11. Categorization using one of 29 categories defined by criteria listed in Appendix 2P. 12. News briefs were excluded from all coding that investigated differences in wire service handling or usage. 13. See Appendix 2O for coding key devices used.

146 See Appendix 2N for headline assessment coding tool. 15. Both coders completed Coding Schedules I and II (Appendices 2D and 2E); refer to Appendices 3A and 3B for intercoder reliability as it was tested for other variants. 16. Ole B. Hosti, Content Analysis for the Social Sciences and Humanities (Reading, MA: Addison-Wesley, 1969). 17. See Appendix 3A, the crosstabulation of the fourth focus variable (f4), for the Sullivan case focus figures that determined reliability and article inclusion for the study sample. 18. See Appendix 3B for the comprehensive list of testing procedures that guided the analysis towards addressing the research questions and hypotheses. Appendix 3C outlines the rationale for the construction of five cluster variables.

147 132 CHAPTER V. STUDY FINDINGS The statistical findings offered in this chapter include frequencies of coverage, along with crosstabulation(s) of variable data. Two types of frequencies (f) are offered in these findings: article frequency (f = article count) and newspaper frequency (f = newspaper count). These numbers reflect coverage count by either number of articles or newspapers respectively. RQ1: National vs. Midsize Newspapers National vs. Midsize Newspapers RQ1: Was the Sullivan case coverage in midsize newspapers different than national newspapers in terms of content or framing, and if so, what do these differences suggest about editorial handling? YES to RQ1 for differences related to the article source of origin. The article frequency numbers indicate that midsizes used more externally generated articles (82.8% as opposed to 38.2% for nationals), with the inverse true for internally generated articles, (61.8% for nationals, 17.2% for midsizes). Table 5.1 lists article frequencies from sample newspapers tabulated by size (midsize, national) and sorted by source type (internal, external). Table 5.1 Source origin: Midsize and national newspapers INTERNAL vs. EXTERNAL ARTICLE SOURCE (n = article count) MIDSIZE newspapers NATIONAL newspapers all sampled newspapers Internally generated news or editorial Article originating from outside source Total count Within row Expected Article Count within midsizes 17.2% 82.8% 100.0% compared to national 50.7% 88.9% 78.7% Article Count within nationals 61.8% 38.2% 100.0% compared to midsizes 49.3% 11.1% 21.3% Article Count within all papers 26.7% 73.3% 100.0% valid articles 100.0% 100.0% 100.0%

148 133 Basic Newspaper Differences: Article Source as Significant The national sample (six newspapers) was insufficient for a chi-square to show differences from midsize papers, but there were enough articles (55) to indicate handling differences related to article source of origin. 1 Midsize newspapers were found to utilize for the major wire services (AP + UPI) much more than were the nationals, when acquiring information used for stories and deciding who will write news copy. Internally generated news, that written by local staff writers or editors, occurred more often within the nationals, particularly where editorials were concerned. 2 Nationals were in fact the only users of the local staff (14 original stories) for Sullivan coverage, with none from midsizes. Midsize newspapers, on the other hand, relied on external sources much more so than the nationals. Table 5.2 indexes articles by source of origin, revealing basic newspaper differences between national versus midsize newspapers. Table 5.2 Article source: Midsize and national newspapers SOURCE OF ORIGIN Wire Service Article Use EXTERNAL SOURCE other AP UPI outside INTERNAL SOURCE owner/editor -in-chief a Simply stated, the nationals tended to write more original news articles while relying on wire news articles less than their midsize counterparts. This tendency was highlighted in differences occurring during Incident D, those occasions where newspapers provided editorial commentary that elaborated the significance of the Times-Sullivan ruling to readers. Usage of a local staff section editor b (by article count) MIDSIZE newspapers Count source usage within midsize 7.4% d 60.1% 15.3% 0% 9.4% 7.9% 100.0% usage compared to nationals 78.9% c 91.0% 86.1% 0% 63.3% 64.0% 78.7% NATIONAL newspapers Count source usage within nationals 7.3% 21.8% 9.1% 25.5% d 20.0% 16.4% 100.0% usage compared to midsizes 21.1% c 9.0% 13.9% 100.0% 36.7% 36.0% 21.3% source usage by entire sample Count usage within study sample 7.4% 51.9% 14.0% 5.4% 11.6% 9.7% 100.0% a. An assertive voice that used we or our regularly in editorials, was attributed to the owner/editor-in-chief. b. Section editor or owner identified as source for un-attributed commentary, based on location and wording. c. The italicized percentage(s) are calculated down the column(s), pertaining to a respective article source. d. The bolded values are indicated as such because the cumulative totals are discussed in the text findings. Total

149 134 series of two editorial features concerning Sullivan written by renowned AP analyst James Marlow was at the heart of these newspaper source differences. Seventeen Sullivan editorials (the AP Marlow analyses) were published in midsize newspapers, while no nationals utilized this external source. Usage of the same wire service article as a root source is displayed in Table 5.3, listed by row with the far-right column sorted by frequencies. The first figure is the total instances found, followed by three parenthetic numbers, a comprehensive breakdown by newspaper type. The second and third numbers in the last column, northern and southern (midsize) use during Sullivan respectively, when added together are usually larger than the fourth field, national usage. Table 5.3 Article frequency: Wire article multiple usage(s) Incident/Topic Agency/Author Dateline/Release Date Usage Ct. a Incident A: District Court Original Sullivan Trial Standard AP November 4, (10/9/2) Original Sullivan Trial AP/Rex Thomas November 4, (8/7/0) Original Sullivan Trial Standard UPI November 4, (0/4/2) Incident B: State Appeal A1a. Sup. Court Decision Standard UPI August 31, (1/1/2) A1a. Sup. Court Decision Standard AP August 31, (0/5/1) Incident C: Writ of Certiorari Supreme Court Review Standard UPI January 8, (1/3/0) Supreme Court Review AP/Jerry Baulch January 8, (8/6/1) Incident D: U.S. Supreme Court U.S. Sup. Court Decision Standard AP March 9, (4/3/0) U.S. Sup. Court Decision Short AP March 9, (1/2/0) U.S. Sup. Court Decision Short UPI March 9, (2/0/0) U.S. Sup. Court Decision Short UPI March 9, (0/1/0) b U.S. Sup. Court Decision Standard AP March 10, (9/7/2) U.S. Sup. Court Decision Standard UPI March 10, (4/0/0) U.S. Sup. Court Decision UPI/Moulton March 10, (7/2/1) Sullivan Decision Analysis AP/Marlow #1 March 11, (6/4/0) Sullivan Decision Analysis AP/Marlow #2 March 13, (5/2/0) Restitution Sought, NYT+ Standard AP March 10, (0/3/0) Editors Assess Decision Standard AP March 11, (3/1/0) a. Usage Count = Total Newspapers (Northerns / Southerns / Nationals). b. Included as a shorter, different version of another Short UPI piece released that same day.

150 135 The more frequently used wire articles in Table 5.3 were analyzed for percent usage with coding keys. The inclusion of a lesser number of paragraphs from wire articles by southern newspapers (than northerns) confirmed that selective omission of sections was occurring, possibly the result of regional influence a certain degree. 3 Table 5.3 figures also indicated more extensive use of the wire service by midsize newspapers, as opposed to nationals, which suggest that they were prompted to do so because of limited resources afforded midsizes. An argument can be forwarded that the convenience factor, the easy access to wire articles at little cost, was not the only reason, however. An alternative rationale exists to explain these greater wire service frequencies in midsizes, an underlying regional influence manifested in the editorial inclusion of certain wire articles while selectively not utilizing others. Wire service usage was further identified as regionally bound where three southern newspapers used an AP news release concerning restitution attempts by southern ministers and the Times, while no northern or national dailies utilized that same story. 4 However, half the nationals also covered these restitution efforts, as was evident by the categorization of Sullivan articles, a complex sorting that distinguished by specific article topic, article type, article source, and publication type (midsize vs. national). This finding has marginal significance in that it uncovers an instance when some southerns were aligned with nationals in their coverage. The important difference was not inclusion, however, but rather the article source, as the national newspapers covered the restitution story while utilizing their staff (and not the AP wire service) to write original articles instead. 5 This confirmed a previous assertion, that midsize newspapers were not as inclined to offer original coverage, unlike their national counterparts, while highlighting one instance where these article source differences were regionally bound to exclusively southern newspapers.

151 136 Significance of Article Categories The article frequencies in Table 5.4 revealed nationals reported the final decision (Incident D) more often (f = 2.5 times) per publication than the midsize newspapers did (31 articles from 6 as opposed to113 from 54). 6 Article category clustering in Table 5.4 was sorted in reference to source context and publication type (midsize vs. national). 7 Category 23 lists the restitution story, with 50 percent of the nationals (3 of 6 in Category 23, Incident D) listed as utilizing a wire article to cover this story. The other three nationals also published restitution articles that are not enumerated in Table 5.4 because these were internally generated stories. Table 5.4 Article Frequency Differences: Midsize vs. National Newspapers Article Category Newspaper Type Crosstabulation Article Category Article Type Article Source Midsize newspapers National newspapers Total 2 (A) News Internal All Incident A Articles (Dist. Ct.) a (B) News Internal (B) Editorial Internal All Incident B Articles (St. Appeal) a (C) News Internal All Incident C Articles (Writ Cert.) a (D) News Internal (D) News Agency(Ext.) (D) News Internal (D) Editorial Syndic. (Ext.) All Incident D Articles (SCOTUS) a All Articles Total a a. These totals include eleven article categories not listed in this table, those where the article frequency ratio (f) did NOT contradict the proportional (54 to 6) sample ratio, assuming nationals and midsize would have similar coverage handling. See Appendix 2R for a complete listing of observed frequencies by article category. Table 5.4 differences were noted in other internally sourced coverage not matched by midsizes, categories 22 and 25, where nationals published with four and nine respectively. This originality trend, internally-generated articles from nationals only, was found in coverage of the Alabama trial (Category 2, Incident A) as well. The Incident totals also reflected more coverage for the Alabama state Supreme Court appeal (Incident B) in nationals, averaging one

152 137 article per newspaper, as opposed to one in every six of the midsize newspapers. 8 Editorial handling differences were noted amongst the 17 Marlow analyses previously listed in Table 5.3, with only eight Marlow analyses pieces framed as an editorial by midsize newspapers as indicated in Category 26. The remaining nine wire analyses were placed as a news feature, highlighting an alternative editorial framing not accounted for in the parameters of Table 5.4. RQ2: One National vs. Nationals, One Midsize vs. Midsize Newspapers RQ2: Did any one national provide more (or less) comprehensive coverage of the Sullivan case than other national newspapers, in terms of article frequency or space allotment? Also, did any one midsize provide more (or less) comprehensive coverage of the Sullivan case than other midsize newspapers, in terms of article frequency or space allotment? YES to RQ2 for comprehensiveness differences amongst four NATIONALS in terms of space allotment. Six nationals were critically analyzed for Sullivan coverage after it was determined that article size ranges did not accurately reflect the magnitude (space) of the multipage news articles that the Washington Post, New York Times, and Chicago Tribune devoted to the U.S. Supreme Court ruling (Incident D). These three were found to provide more comprehensive coverage than other study nationals. The Montgomery Advertiser was the only major daily not to publish any editorials on the Supreme Court decision during the week after Incident D, differentiating it as the national providing the least comprehensive coverage in terms of both frequency and space. 9 The last two as of yet unmentioned nationals were the Atlanta Constitution and Philadelphia Inquirer, which were found to devote a moderate amount of coverage, in terms of frequency and article space, when compared to other nationals. Coverage of Sullivan in the Post, Times, and Tribune Both the Times and Post devoted several pages to full-text inclusion of the court opinion. The Tribune also provided additional Sullivan features in special sections for readers, a third

153 138 national with more comprehensive coverage. The promptness of editorial response by these three nationals, publishing original commentary the next day (May 10, 1964), set them apart. Other Nationals: Coverage Differences Noted Southern editors 10 promoted the Deep South region through depictions of the Confederate flag within pages or by applauding what separates the South in regular (repeating) columns. These regional differences in the Montgomery Advertiser and Atlanta Constitution were noted in editorial columns. Both of these nationals carried a regular feature column entitled Off the Bench, which was particularly relevant to this study in that it was written by southern judge Walter B. Jones who oversaw the original Sullivan trial. 11 Incident D editorial coverage by two nationals, the Atlanta Constitution and Hartford Courant, are worth mentioning because of unique handling. 12 Constitution editor Eugene Patterson chose to become personally involved with one of the two editorials that appeared on March 11 in his newspaper. The title was, An End to Intimidation, a headline message further emphasized in a second editorial not attributed to Patterson. 13 The second piece was entitled, Intimidation of Press Dealt a Blow. The Courant sent a similar message in an original March 12 editorial entitled, The Supreme Court Strikes Another Blow for Freedom. Midsize Newspapers: Coverage Differences Noted INFREQUENTLY to RQ2 for MIDSIZES as two regionally analyzed groups, in that frequency differences were limited to Incidents A and D and were not distinguishably unlike in terms of space allotment. These newspaper frequencies indicate editorial coverage was devoted exclusively to Incident D, the Supreme Court final decision. 14 Southern midsize papers printed news stories concerning Incident A more often (84.0% as opposed to 58.6%) than their northern counterparts, while northern midsizes provided more news (86.2% as opposed to 68.0%) and

154 139 editorial feature coverage (75.9% as opposed to 36.0%) of Incident D than southern newspapers. As displayed in Table 5.5, the newspaper frequencies in bold are noteworthy deviations, highlighting regional differences as deviations between observed and expected count. 15 Table 5.5 Newspaper frequency: Incident coverage of Sullivan f = newspaper count by publication type (% = percent of total number at top of column) PUBLICATION TYPE: NORTHERN=29 SOUTHERN=25 MIDSIZE=54 NATIONAL=6 INCIDENT A (Dist. Ct.) 17 (58.6%) 21 (84.0%) 38 (70.4%) 6 (100%) news coverage 17 (58.6%) 21 (84.0%) 38 (70.4%) 6 (100%) editorials/features 0 (0%) 0 (0%) 0 (0%) 0 (0%) INCIDENT B (St. Appeal) 1 (3.4%) 6 (24.0%) 7 (13.0%) 4 (66.7%) news coverage 1 (3.4%) 6 (24.0%) 7 (13.0%) 4 (66.7%) editorials/features 0 (0%) 0 (0%) 0 (0%) 0 (0%) INCIDENT C (Writ Cert.) 10 (34.5%) 11 (44.0%) 21 (38.9%) 5 (83.3%) news coverage 10 (34.5%) 11 (44.0%) 21 (38.9%) 5 (83.3%) editorials/features 0 (0%) 0 (0%) 0 (0%) 0 (0%) INCIDENT D (SCOTUS) 28 (96.6%) 19 (76.0%) 45 (83.3%) 6 (100%) news coverage 25 (86.2%) 17 (68.0%) 35 (64.8%) 6 (100%) editorials/features 22 (75.9%) 9 (36.0%) 31 (57.4%) 5 (83.3%) Note: The numbers in parentheses indicate percentage publishing. Numbers do not reflect multiple article coverage, instead providing publication count, total number devoting at least one article. Individual Differences: Minimal Coverage by Midsizes An INFREQUENT YES to RQ2 for FIVE MIDSIZES in terms of newspaper frequency, as four did not report the Times-Sullivan ruling, while a fifth paper covered Incident D with only a news brief. The latter coverage was found in the Anniston Star, while three other southerns, the Jackson Sun, the Bristol Herald-Courier, and the Meridian Star, were among the four without reportage of the final decision. 16 This equated to 4 of 25 southern newspapers (P = 16.0%) not devoting detailed coverage to the Times-Sullivan ruling, while only one northern paper, the Scranton Times (P = 3.4%), did not acknowledge it with an editorial, feature story, or news coverage. 17 H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of the Supreme Court proceedings, Incidents C and D, compared to southern newspapers.

155 140 All of these differences supported H1 with respect to Incident D if considering newspaper frequency as equitable to space allotment, in that southerns covered it less often. H2: Southern papers will devote more space and/or more prominent placement to news coverage of the Alabama court proceedings, Incidents A and B, compared to northern newspapers. Four other instances of disparate representation were found when adjusting the criteria to identify newspapers with minimal coverage, only one article frequency over all four Incidents. These four newspapers were the Bristol Herald-Courier, Meridian Star, Reading Times-Eagle, and Erie Daily Times. The first two southern newspapers reported solely on Incident A, while the latter two northern newspapers covered only Incident D. 18 Again these findings reflected a regionally correlated coverage trend for Incidents A (more southern) and D (more northern) that selectively supports H2 and H1 respectively. Northern vs. Southern Newspapers Continuing this investigation of frequencies that address H1 and H2, the results in this section were limited to articles from midsize newspapers. Statistical analyses that addressed RQ3 and RQ4 highlighted differences in these papers that were regionally correlated. RQ3: Northern vs. Southern Midsize Newspapers RQ3: Were there any regional differences between northern and southern midsize newspapers concerning coverage of the Sullivan case, and if so, were article size or article placement parameters exhibiting regional variation? As the frequencies in Table 5.5 and the most recent findings concerning individual midsize newspapers that deviated from the norm have already indicated, YES to RQ3 in that there are differences between southern and northern coverage of Sullivan. Up to this point, this conclusion has been based solely on frequency findings. The statistical correlation tests for regionalism, however, found that ARTICLE PLACEMENT was a significant parameter, while there was no correlation linked to article size.

156 141 Article Size Not Regionally Significant Article frequencies in Table 5.6 did show a higher total occurrence (M = 1.35 times; 85/63) of northern coverage of Incidents C or D than its southern counterpart (far right column). Figures showed that article size did not differentiate northern and southern newspapers, with the chi-square test verifying that the amount of space used was not a significant regional variant within midsize newspapers. 19 Table 5.6 Article size: Midsizes by news origin MIDSIZE * ARTICLE SIZE * REGIONAL Crosstabulation by Article Count a REGIONAL Alabama Courts; Incident A or B REGIONAL U.S. Supreme Court; Incident C or D 6 inches or less ARTICLE SIZE Ranges 7-13 inches inches 1+ Column Total Northern midsize newspapers Southern midsize newspapers Total Northern midsize newspapers Southern midsize newspapers Total a. Note: the study results indicate no significance in editorial handling with respect to article size, assuming the decision to include news coverage, amongst midsize newspapers from the North and South. Regional Significance in Article Placement YES to RQ3 for ARTICLE PLACEMENT, as a larger percentage of articles from southern newspapers were found in a most prominent placement when reporting on Sullivan in the Supreme Court, when compared against their northern counterparts. This coverage included a greater frequency of articles with prominent placement among northerns, however. H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of the Supreme Court proceedings, Incidents C and D, compared to southern newspapers.

157 142 The editorial decision(s) concerning placement, if considered as separate from any decision(s) for inclusion (newsworthiness), also affirmed both H1 and H2 with respect to a regional differences as reflected in article placement. H2: Southern papers will devote more space and/or more prominent placement to news coverage of the Alabama court proceedings, Incidents A and B, compared to northern newspapers. As displayed by the bolded numbers of Table 5.7, chi-squares (r 2 = and r 2 = 8.420) confirmed the significance (p =.016, p =.015; both p <.05) of a regional correlation to article placement, when compared across both northern and southern midsize newspapers. 20 Table 5.7 Article placement: Midsizes by news origin ARTICLE COUNT by regional news origin REGIONAL cluster MIDSIZE cluster ARTICLE PLACEMENT most prominent prominent average to semi-buried Total Alabama Courts; Northern Midsize Incident A or B Southern Midsize Total U.S. Supreme Court; Northern Midsize Incident C or D Southern Midsize Total MIDSIZE * Article Placement * REGIONAL Crosstabulation a REGIONAL cluster Incident Coverage CHI-SQUARE Tests Asymp. Sig. (2-sided) Alabama Courts (1) Incident A or B Pearson Chi- Square = U.S. Supreme Court (2) Incident C or D Pearson Chi- Square = a. See Appendix 3N for the full statistical report.

158 143 RQ4: Northern vs. Southern Midsize Newspapers H1, H2 RQ4: Does regionalism appear to be a dominant influence on midsize newspapers, with respect to decisions concerning inclusion (devotion of space) and appropriateness (for their readership) of public affairs news such as the Sullivan case? If so, was there increased coverage of the Alabama court events in southern papers versus northern papers? Also, was this followed by increased editorial coverage of the Supreme Court events in northern versus southern papers? YES to RQ4 for the appearance of regionalism correlated to ARTICLE INCLUSION as reflected in differences between northern and southern newspapers, when considering article frequency(s) as a direct result of the editorial decision to devote coverage. This infers that Sullivan case coverage was perceived as more appropriate (or newsworthy) in northern midsizes that devoted more article coverage. The frequencies reflected more coverage of the Alabama court outcomes in southern newspapers, while more editorials about the Times-Sullivan ruling were published in northern newspapers. The numbers indicated a regional correlation of significance (p =.027; p <.05) to article frequency (count) was found to exist between midsize newspapers as displayed in Table 5.8. Table 5.8 Regional difference(s) in overall reportage: Midsize newspapers MIDSIZE * REGIONAL REGIONAL cluster a Crosstabulation Alabama Courts; U.S. Supreme Court; Incident A or B Incident C or D Total MIDSIZE (1) Article Count Northern midsize % within MIDSIZE 20.6% 79.4% 100.0% newspapers % within REGIONAL 40.0% 57.4% 52.7% MIDSIZE (2) Article Count Southern midsize % within MIDSIZE 34.4% 65.6% 100.0% newspapers % within REGIONAL 60.0% 42.6% 47.3% Total Article Count All midsize % within MIDSIZE 27.1% 72.9% 100.0% newspapers % within REGIONAL 100.0% 100.0% 100.0% a. The italicized percentage(s) pertain to the REGIONAL cluster, which calculates down the column(s), while the MIDSIZE cluster percentage(s) calculate horizontally across the row(s). See Appendix 3O for the full statistical report. Chi-Square Tests Pearson Chi-Square = Asymp. Sig. (2-sided).027

159 144 H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of the Supreme Court proceedings, Incidents C and D, compared to southern newspapers. The frequency differences in Table 5.8 supported H1 with respect to Incidents C and D, if considering newspaper frequency as equitable to space allotment, in that southern midsizes covered the Sullivan case in the Supreme Court less often than northern midsizes. H2: Southern papers will devote more space and/or more prominent placement to news coverage of the Alabama court proceedings, Incidents A and B, compared to northern newspapers A similar affirmation for H2 was reflected in results finding half again more (M = 1.5 times; 33/22) southern articles during Incidents A or B than its northern counterpart. 21 Midsize Coverage and Regional Article Type Correlation YES to RQ4 in that a larger number of EDITORIALS were discovered in NORTHERN in newspapers commenting about the Sullivan ruling. The newspaper frequencies in Table 5.5 show more coverage of Incident D from northern newspapers (75.9% as opposed to 36% of southerns). Concerning the location for stories, whether as a news feature or within the editorial section, the article frequencies over all four incidents underscore a regional correlation to article type. Table 5.9 Frequency by article type(s): Midsize newspapers ARTICLE * MIDSIZE CROSSTABULATION f Northern Midsize Southern Midsize Newspapers Newspapers Total ARTICLE (1) news article Article Count 64 b 70 c 134 ARTICLE (2) editorial or feature Article Count 43 d 24 e 67 Total Article Count a a. This number reflects midsize articles (203) minus two classified as other (article type not considered news article or editorial, but still qualifying for study by meeting criteria outlined in Appendix 2H. b. 64 equates to 47.8% of news articles found in midsizes; also 59.8% of article type found in northerns. c. 70 equates to 52.2% of news articles found in midsizes; also 74.5% of article type found in southerns. d. 43 equates to 64.2% of edit./features found in midsizes; also 40.2% of article type found in northerns. e. 24 equates to 35.8% of edit./features found in midsizes; also 25.5% of article type found in northerns. CHI-SQUARE TESTS Asymp. Sig. Exact Sig. Exact Sig. (2-sided) (2-sided) (1-sided) Pearson Chi-Square = Fisher's Exact Test f. See Appendix 3P for a full statistical report

160 145 As displayed in Table 5.9, northern newspapers provided more editorial commentary with Sullivan news coverage (43 editorials with 64 news articles) than their southern counterparts. In the other regional context, southern midsize newspapers devoted threequarters of their coverage to news articles, while publishing editorials half as often as northern papers did. 22 The chi-squares in Table 5.9 (p =.028, F =.036, F =.020; p <.05) confirm a correlation between article type and midsize publication type (northern vs. southern). Differences in Editorial Coverage of Incident D Only H3: The southern newspapers will devote more positive editorial commentary to the Alabama state court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to Incidents C and D, than their regional counterpart(s). As for the perceived regional bias of editorials, NO to more positive southern commentary regarding Alabama court decisions, as no editorials were found for Incidents A, B, and C. A PARTIAL YES to more positive northern commentary, but only in reaction to Incident D, with the preliminary rationale being article frequency as introduced in Table 5.5. Wire Usage: Incident D Editorial Coverage A coding key analysis of wire articles, along with a headline assessment, served to further differentiate the editorial handling beyond the decisions made concerning article inclusion, article type, and placement. This analysis for regional bias involved the identification of which newspapers utilized wire articles, the regional affiliation, and the headline choices that were made. It was noted that five of the 10 midsizes using Marlow #1 made editorial changes shortening copy, the Evening Press, the Standard-Times, the Gadsden Times, the Macon Telegraph, and the Asbury Park Evening Press. 23 Of the five abbreviated usages, the two southern newspapers omitted the reminder of the importance of freedom of the press to society. 24

161 146 Among the three northern papers, the motive appeared to be space limitation, while they placed the free press passage as the closing paragraph. Subjecting the Marlow #2 wire article to this same coding key and headline assessment determined that six of the seven newspapers (Bridgeport Telegram, Standard-Times, Trenton Evening Times, Bergen Record, Hattiesburg American, and Biloxi Daily Herald) used Marlow #2 in its entirety (18 paragraphs), with one editing out three paragraphs (Asbury Park Evening Press). 25 The headline bias as differentiated by region was not as pronounced as with Marlow #1. Table 5.10 Marlow #1 usage: AP syndicated analysis PUBLICATION TYPE HEADLINE SECTION HEAD or HIGHLIGHT/BOLD They would ; Court Gives Boost The Evening Press (N) This was ; (HB) to Press Freedom Even with New Britain Herald Worcester Telegram (N) (N) Goes even further than before: Ruling of Supreme Court Protects Freedom of Press Supreme Court Verdict Strengthens Watchdog Role of Press* The Standard-Times (N) Long Struggle For Freer Press Macon Telegraph Trenton Evening Times Huntsville Times The Gadsden Times Asbury Park Evening Press Hattiesburg American (S) (N) (S) (S) (N) (S) James Marlow Added Strength Given Free Press Principle After 700 years U.S. Supreme Court Decision Bolsters Freedom of the Press Court Took Big Step in Libel Suit Edict* Latest Decision by Supreme Court Gives Added Power to Freedom of the Press The World Today Freedom to Criticize Protected for Press All The Way ; Licensing System Malice Must Be Proved ; Presses Limited ; Rights an Afterthought Any critic ; Even with (HB) 2 Full 's (HB) Broader View ; Book Licensing ; Afterthought Neither Neither Complete Privilege Backed ; Critics Faced Execution ; Absolute Privilege ; Licensing System Legend: (N) = northern midsize; (S) = southern midsize; (SH) = Section Head(s); (HB) = Highlighted or Bolded text, for emphasis; * denotes headline referred to in textual analysis in this chapter. (SH) (SH) (SH) (SH) (SH)

162 147 H3 Editorial Bias: Headline Assessment of AP Marlow #1 As displayed in Table 5.10, the most striking regional difference was headline bias with Marlow #1, what was used to gauge the whether the editorial content was positive and related to regional context as proposed in H3. One southern, the Huntsville Times, composed a passive headline ( Court Took Big Step in Libel Suit Edict ), while a northern counterpart, the Worcester Telegram, framed a much more emphatic response ( Supreme Court Verdict Strengthens Watchdog Role of Press ), a positive reaction to the decision by comparison. Either headline appeared over the same AP body text written by Marlow, yet sent a much different message to respective readers. H3 Editorial Bias: Original Sullivan Commentary The glaring regional distinction among midsizes was the presence of 19 original Sullivan editorials in northern newspapers, while a less representative eight responses came from southern editors. 26 This editorial commentary was accompanied by Marlow #1, which was formatted as a column in four northerns and published either concurrently (2) or one day after (2) the original opinion(s), while no southerns publish two editorial pieces. 27 Table 5.11 Original editorial response by Northern midsize editors Worcester Telegram Worcester Telegram (Marlow #1)* Utica Observer The Standard-Times The Standard-Times (Marlow #1)* The Bergen Record New Britain Herald New Britain Herald (Marlow #1)* Camden Courier-Post Trenton Evening Times Trenton Evening Times (Marlow #1)* Schenectady Gazette Bridgeport Post Asbury Park Evening Press Harrisburg Patriot Waterbury Republican The Scranton Tribune The Patriot-Ledger The Union-Leader (Each newspaper listing signifies one article by count) Legend: (*) denotes Italicized Publication (Marlow #1) instance of DOUBLE EDITORIAL PLAY, an original editorial published with Marlow #1 Analysis (see Table 5.10 for listing). As listed in Table 5.11, these four northerns, those who published Marlow #1 along with one editorial (the top four listed in the second column), were also the only newspapers voicing a second original editorial on another day, in effect a third editorial play.

163 148 H3: The southern newspapers will devote more positive editorial commentary to the Alabama state court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to Incidents C and D, than their regional counterpart(s). H3 Headline Assessment: AP Wire Consensus Article An AP consensus view of editorial reaction, one that affirmed the decision, reflected a more positive handling of the Sullivan ruling by northern newspapers as well, again providing support for the H3 assertion where Incident D was concerned, that northerns would editorialize more positively. This wire article was utilized three northern midsize newspapers (The Evening Press, Niagara Falls Gazette, and Wilmington News) and one southern (Huntsville Times). 28 The headline choice of the northern papers used the word hail or praise to describe support from different editors, while the southern paper (Huntsville Times) simply imparted that they back the decision instead. Conclusion: Midsize Reliance on News Service Agencies The tendency for midsize newspapers not to produce original news stories, but rather rely on news agency sources instead, was consistently followed throughout all Incidents. This reliance on agencies was more pronounced in reportage of the U.S. Supreme Court in both Incidents C and D, with original news stories virtually non-existent among midsize newspapers. 29 When considering editorial coverage of Incident D alone, the results suggest that northern newspapers utilized the AP Marlow analyses for different reason(s), more so to emphasize the import of Sullivan and often times with multiple-editorial coverage. The southern newspapers, on the other hand, relied on it more to impart the relevance of the decision as a stand-alone editorial. What follows in Chapter Six is a summary of the results, along with a discussion of the findings and research related to the analysis methods used.

164 149 NOTES 1. The chi-square r 2 = ; p =.000; no relationship; see Appendix 3M for full statistical report of Pearson correlation. 2. See Tables 5.3 and 5.4 for evidence of externally-generated editorials used by midsize newspapers (AP Marlow analyses). 3. In the coding key analyses in Appendices 6A through 6D, all four of these wire articles were found to have a consistently lower mean inclusion percentage from southern midsize newspapers, when compared against northerns. In 6A, ten southerns averaged 36.7% inclusion, while eight northerns averaged 38.5% paragraph inclusion; for 6B, this difference was 36.4% (seven southerns) versus 51.2% (eight northerns); for 6C, this difference was 70.6% (eight southerns) versus 82.2% (six northerns); for 6D, this difference was 51.5% (three southerns) versus 59.1% (four northerns). 4. This within the study sample; this sparse representation was more important in that only 5.5 percent (3 of 54) coverage was found in the southern dailies, the minority (25 as opposed to 29 northern) among midsize newspapers in the sample. 5. The inconsistency was that three midsizes and three nationals covered the same media event, even though the study sample contains 54 midsizes and only six nationals articles divided by six national publications = 5.167, 113 articles divided by 54 midsize publications = 2.09; end result is divided by 2.09 = 2.47 times more often. 7. See Appendices 2Q and 2R for the article category particulars as sorted. 8. Six articles from six nationals, while there were nine from 54 midsize newspapers. Noteworthy was that the focus for two of those nine articles was the Times appeal decision rather than the Alabama court decision. 9. See Table 5.5 for tabulation of this lack of coverage. Also refer to Table 5.1 and note the frequency in the lower right (83.3%); this was significant in that it differed from the tendency of other nationals, to cover each incident and editorialize consistently. 10. Ralph McGill of the Atlanta Constitution wrote a column on the way southerners think, one that was syndicated and published in many other newspapers. McGill s column was discovered to carry two different titles: What Separates the South and The Way Southerners Think 11. The column entitled Off the Bench was a regular feature in one major southern national (the Advertiser) and infrequently carried in at least one other national (the Constitution) and a few southern midsize newspapers. Judge Jones did in fact have a column published just a few days after he handed down the original Sullivan trial verdict, on November 7, 1960; a second column he wrote ran in His photo ran as part of his editorial feature column, with the attribution Judge Walter B. Jones in all printings. 12. Microfiches could not be attained for all four dates, only for the original trial and final decision (Incidents A and D) so the Courant was excluded from any statistical analyses.

165 These were article(s) with Patterson s spotlight editorial (personal response) and the editor s photo attached, within a regular column next to the masthead. Both were published March 11, 1964 in the Atlanta Constitution. 14. Table 5.5 numbers indicate no editorial coverage of Incidents, A, B, or C. 15. Assumed here is that the expected count would be a stratified distribution proportionate to publication type numbers. 16. One northern newspaper, the Scranton Times, lacked article coverage addressing the Sullivan case, that was matched by the Jackson Sun, a southern newspaper with one article identified as an alternative reporting, an Incident D freedom of the press feature noted in Appendix 6H not linked to or necessarily concerning the Times-Sullivan ruling. Incident D was most-reported based on numbers tabulated Table 4.2; 55.8 percent of article coverage was devoted to the final decision. See Appendices 3E, 3F, and 3G for evidence of specific inclusion or omission as noted. 17. Frequency Percentage P calculated for 1 of 29 northern newspapers. 18. These findings concerning selective news inclusion are worth noting, as this noncoverage was probably not a coincidence; a regional underpinning surfaced in the scattered coverage, that both southern midsize newspapers, the Herald-Courier and the Meridian Star, reported news originating from the South (Incident A), while the two northern newspapers, the Times-Eagle and the Erie Daily Times, chose to the ruling that addressed the Constitution and has a historical northern tie to the original capitol in Philadelphia accordingly. 19. Chi square r 2 = 1.200, p = for Incidents A+B; r 2 = 4.882; p = for Incidents C+D; both p >.05; what the probability (p) figures indicate is that there was little difference in article handling with respect to space allocation, and thus no regional relationship, particularly during Incidents A and B. This refutes one argument that a correlation exists, by identifying article size as insignificant for RQ3 and as it applied to both H1 and H2 as well. See Appendix 3D for a full statistical report on article size crosstabulations used. 20. The findings also indicate that while the southern newspapers were more inclined to devote most prominent coverage (defined as front page, above the fold) for both news origins, than their northern counterparts, this inclination extended to prominent placement was not as strong during the second REGIONAL cluster (coverage of Incidents C and D), not matching their northern counterparts. 21. These mean values were calculated for H1 using the 85 versus 63 (M = 1.35) article frequencies as a ratio, while H2 was determined from a 33 versus 22 (M = 1.5) frequency ratio. 22. P = 2.92 times more often southern articles as news (70 news articles with only 24 editorials); P = 44.2% less often southern editorials (24 southern as opposed to 43 for northern). 23. Ten publications used the March 11 Marlow column, with five of them publishing it in its entirety (19 paragraphs). The Evening Press cut two paragraphs; the Worcester Telegram omitted the last paragraph plus one line for space; the Gadsden Times cut four paragraphs; the Macon Telegraph cut six paragraphs; and the Asbury Park Evening Press cut eight paragraphs. 24. One northern and one southern placed Marlow #1 within the editorial section, singlecolumn width, while three integrated Marlow into their news pages. One of these three used it as

166 151 a spotlight editorial feature with Marlow s photo, located on page 4 of that edition and style formatted as editorial column (two-column width). 25. The Asbury Park Evening Press was a regular carrier of his column and reduced its length to 15 paragraphs to fit space available. This conclusion was based on that paper s handling of Marlow s previous Sullivan column (#1). See Appendix 6J for a complete analysis of Marlow #2 usage, which appeared two or three days after Marlow #1, in the March 13 or March 14 edition. 26. These 19 original editorials were part of the 33 internally generated Sullivan editorials in Article Category 27, placed in the editorial section(s); there were 19 from northern newspapers (out of 29), 8 from southern newspapers (out of 25, therefore less proportionate then northerns) not listed in Table 5.11, and six from nationals also not listed in Table Note that the nine articles in Category 25 (an original editorial feature, one that was internally generated, in news pages) were from nationals, coverage in addition to the six editorials found within the editorial pages. See Appendix 6L for headlines from the 19 northern newspapers. 27. These four were the New Britain Herald, the Worcester Telegram, the Standard- Times, and the Trenton Evening Times, all northern newspapers. The Marlow article also appearing in these issues is an indication of the amount of space and coverage an editor was willing to devote to an issue of public interest involving the Supreme Court, what journalists might call a double news play. See Table 5.10 for the Marlow headlines. 28. Affirmation through as consensus of editors surveyed approving of the ruling. See Appendix 6I for a table that documents wire service use and assesses headlines. 29. See the article categories frequencies in Table 5.4; Categories 16 and 22 involve original news coverage of Incidents C and D respectively, with the ratios being more pronounced in reportage by nationals. The former was found to be zero to three, the latter to be zero to four. The last category of significant to be pointed out concerns the Times-Sullivan ruling while involving original news-editorial feature stories that were placed in the news section (Incident D, category 25), where the disparity was the greatest; zero to nine, with this practice exclusive to the national newspapers.

167 152 CHAPTER VI. ANALYSIS AND DISCUSSION This chapter summarizes the findings introduced in the last chapter, by first analyzing the results and then discussing how they pertain to the questions addressed in this study. Response to Research Question(s) Summary of Chapter Five Findings RQ1: Was the Sullivan case coverage in midsize newspapers different than national newspapers in terms of content or framing, and if so, what do these differences suggest about editorial handling of the case? Yes in that article frequencies (Table 5.1) confirmed differences, while article category coding identified factors possibly associated with editorial handling variations. This included the propensity for midsize newspapers, as defined by article frequency, to devote less coverage to Sullivan. Regional analysis uncovered evidence that national newspaper coverage of the Supreme Court (Incidents C and D) was more extensive than midsize newspapers. Source analysis delineated variance in wire service usage through article frequencies noted in Table 5.3. The nationals published more original (internally-sourced) news stories and editorials, while midsizes used wire service (externally-sourced) articles often framed as feature columns (i.e. AP Marlow analyses) instead. Larger staffs and access to more economic resources through larger circulation numbers and advertising revenues, those characteristics that typified the nationals, were rationalized to explain such editorial handling differences. RQ2: Did any one national provide more (or less) comprehensive coverage of the Sullivan case than other national newspapers, in terms of article frequency or space allotment? Also, did any one midsize provide more (or less) comprehensive coverage of the Sullivan case than other midsize newspapers, in terms of article frequency or space allotment? Yes to RQ2 for nationals, where it was found the Washington Post, New York Times, and Chicago Tribune provided more comprehensive coverage than other sample nationals, through

168 153 multi-page articles. Qualitative analysis uncovered larger articles with peculiarly different secondary foci in the Post, Times, and Tribune, including spotlight editorials published on March 10, 1964, the day after the decision was announced. The Times and Post devoted several pages to the Sullivan Supreme Court proceedings (Incident D), something not accounted for in article size variable spans. 1 The comprehensive coverage of the Times and Post was matched by the Tribune, which highlighted another commonality of these three nationals, a participatory interest in the trial; these three submitted amicus curiae briefs, and their final decision coverage was what distinguished them from other nationals. Editorial columns in the Atlanta Constitution and Hartford Courant were strategically framed and assertively worded. The southern-based Constitution promoted its region in an adjacent column written by the owner/publisher, while the northern-based Courant was decisively pro-press freedom in its headline. 2 The Montgomery Advertiser, on the other hand, devoted the least attention and was the only national not editorializing on the Times-Sullivan ruling. This editorial move to ignore news that was anti-south or anti-state government, a ruling that represented an ultimate loss to its local readership, was rationalized as a regionally influenced decision. The Advertiser s less comprehensive coverage of the final decision, coupled with its lack of opinion analysis interpreting its impact, represents one instance of editorial omission. 3 An inferred yes to RQ2 for midsizes, where lack of newspaper frequency was construed as definitively less comprehensive coverage, and a regionally aligned anomaly suggested northern midsize newspapers were less interested in news of southern origin, as opposed to the inverse. Southern midsizes covered the final decision, which favored a northern entity (the Times), less frequently (84%) than their northern counterparts (96.6%). However, when the

169 154 news topic was the original Alabama trial, northern midsize newspapers covered this less frequently (58.6%) than southerns did (76%). 4 These frequencies findings provide a more direct response to RQ4, however, when conjecture is offered as to the newsworthiness of Sullivan in a regional context. RQ3: Were there any regional differences between northern and southern midsize newspapers concerning coverage of the Sullivan case, and if so, were article size or article placement parameters exhibiting regional variation? Article size was found NOT to be regionally related to news and editorial articles, when indexed by publication type(s), across the entire study sample. There were insufficient occurrences to determine whether article placement was linked to coverage within nationals, while the analysis found NO relationship between article size and publication type, as distinguished by region (northern vs. southern), among the midsize newspapers. 5 The PLACEMENT results displayed differences between midsize newspapers, however, in article placement defined by location and prominence within a newspaper as correlated to publication region (northern vs. southern). The crosstabulation of midsizes by news origin in Table 5.8 indicated northern newspapers devoted more prominent placements to articles covering the final decision. The converse, that southern newspapers devoted more prominent coverage to the original Alabama trial proceedings, was confirmed as well to a lesser degree of significance. 6 RQ4: Did regionalism appear to be a dominant influence on midsize newspapers, with respect to decisions concerning inclusion (devotion of space) and appropriateness (for their readership) of public affairs news such as the Sullivan case? If so, was there increased coverage of the Alabama court events in southern papers versus northern papers? Also, was this followed by increased editorial coverage of the Supreme Court events in northern versus southern papers? Yes, regionalism did appear to be a defining distinguishing variable where differences with respect to article inclusion and frequency were noted within the midsize sample. Table 5.5 newspaper frequencies support the contention that regionalism appeared to make publications

170 155 selective in informing their readership about the Sullivan case. With respect to RQ4, there were regional differences in newspaper content concerning Sullivan between northern and southern midsize newspapers. These regional disparities involved final decision coverage (Incident D), where northern newspapers had a higher frequency (96.6% to 68.0%), and become more apparent when contrasted with the original trial (Incident A), where the inverse was found, with southern newspapers covered more often (84.0% to 58.6%). Table 5.4 revealed differences in handling, particularly with respect to extensive utilization of external sources by midsize newspapers and further confirmed by the article frequencies in Table 5.3 (wire service usage). As already introduced in RQ2 with the Advertiser, editorial omission was assessed through coding keys that tracked wire article use and specific editorial handling by midsize newspapers. 7 The contention forwarded here is that the editorial option to omit coverage and the needs of their readership(s) were both regional factors in the editorial decision-making process. Documented were instances of text inclusion or exclusion, as well as significance differences in the handling of coverage in Table 5.2, which distinguished internal versus external sourcing. The appearance of editorial selectivity, through article frequencies tabulated by regional origin (Table 5.8), indicated that newspapers covered the Sullivan final decision (Incident D) with a comparable number of news and editorial articles, while devoting more coverage than to Alabama-based court proceedings of the original trial. This alone was not significant, however, as regional coverage disparity might be indicative of the newsworthiness of the media events, particularly to the national newspapers within the sample. A crosstabulation of midsize publications used frequency and type of coverage (article type) to establish a regional correlation between northern and southern

171 156 newspapers. Northern newspapers more often covered Sullivan with both news and editorials, while southern newspapers provided slightly more news articles than northern newspapers, while editorializing much less frequently, when compared against each other. Critical Analysis of Editorial Coverage Northern newspapers were more inclined to publish original editorials concerning the final decision (Table 5.11). The findings also indicate that news of distinct regional origin (Alabama versus Washington, D.C.) resulted in editorial handling differences, in terms of frequency and placement, which addressed RQ4 along with both H1 and H2. This is relevant to the current study with respect to editorial selectivity and was further affirmed by a qualitative assessment of Incident D wire articles. Evidence of a pervasive nature was found in the handling of analysis articles written by AP Analyst James Marlow, when conducting a headline assessment and through coding keys. It was discovered that many southern newspapers chose the Marlow analysis piece(s) instead of the original editorials typically found exclusive to northern newspapers, through Table 5.10 (AP Marlow #1 usage) and a regional sorting of internally-sourced Sullivan commentary. 8 Instances were found where publications avoided reporting on Washington, D.C., events that southern editors perhaps perceived were of little interest to their readers. While this supposition is an inference, the presence of alternative editorial features that informed what the existing federal law actually meant to their readership provided support for such a contention. Feature columns such as Your Rugged Constitution suggested that editors either recognized or respected the merits of keeping their readership informed about their rights as citizens. 9 Many southern newspapers emphasized the importance of southern tradition by applauding the separatist nature of the South in other columns and commentary as well, rejecting northern ways

172 157 and Federalist authority in the process. These southern newspapers typically placed the Constitution column in a less-conspicuous location amid the news pages, while featuring the southern pride column(s) inside their editorial pages. Response(s) to Hypotheses H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of Incident C and Incident D, compared to southern newspapers. The statistical findings affirmed H1 where article placement is concerned, but not with respect to article size. If increased article frequencies from northern newspapers are taken into account, however, an argument can be made supporting the contention that more space (in total column inches of coverage, rather than column inches per article) was devoted as well. The northern newspapers devoted more coverage to Incidents C and D than their southern counterparts, particularly so during Incident D. H2: Southern papers will devote more space and/or more prominent placement to news coverage of Incident A and Incident B, compared to northern newspapers. As with H1, article placement, the prominence devoted to article coverage, was found to be a significant factor, while article size was not. Conversely, support for H2 was discovered to a lesser degree of significance (because of less article frequencies), that southern newspapers differed from their northern counterparts by reporting more often on the Alabama trial proceedings (Incidents A and B). H3: The southern newspapers will devote more positive editorial commentary to the Alabama state court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to Incidents C and D, than their regional counterpart(s). Where editorial commentary as proposed in H3 is concerned, the lack of editorial features or other editorial coverage in response to Incidents A, B, or C by midsize newspapers made it impossible to determine whether article frequencies were different between regional contexts. Incidents A and B, those that featured happenings within the Alabama courts, were covered with

173 158 significantly greater frequency in news articles by the southern midsizes, however, when compared to their northern counterparts. As to H3 as it applies to Incident D, both quantitative (Table 5.5 newspaper frequencies) and qualitative evidence (headline assessment of Marlow #1 in Table 5.10 and original editorials listed in Table 5.11) displayed that northern newspapers responded with a more emphatic response and positive reaction to the Times-Sullivan ruling than their southern counterparts. 10 Discussion and Significance of this Study The fact that differences existed between the northern and southern midsize newspapers is not an epiphany, as such a finding would be typical with cultural values in different regions not expected to be identical. What this study does accomplish is to quantify the coverage of Sullivan and find significant regional differences among midsizes, as well as document some editorial practices observed within the sample. The findings suggest that regional bias existed, but the term bias is problematic in this context. An unattached third party, a person having no alliance to either of the two study regions, could also rationalize that the content choices were made to consciously gratify readers or promote circulation numbers instead. After all, it is the newspaper audience, for the most part, that sustained the economic viability of such media, making them attractive to advertisers who in turn provided the most operating revenue. Editorial Content Decisions and Wire Articles The inclusion or omission of text and headline selection, as aspects of wire articles editorial handling, were analyzed using regional definitions outlined in the methodology. Selective Omission The first editorial handling difference involved the omission or deletion of various paragraphs determined to exist in wire articles as written by news services. Coding keys were

174 159 used as the standard for determining the degree of selective omission, the action that editors employed after deciding newsworthiness while considering space available. 11 This was a quantitative gauge of the editing involved, once the decision to include a story had been made, and identified what was inferred to be different editorial decision-making priorities or practices. Headline Assessment The second handling difference in the midsizes was perceived in the editorial framing of wire articles through headline variation(s) and subhead insertion(s), those discovered when analyzing articles as edited within a given newspaper. Articles that contained editorial opinion were analyzed to determine content choices in the headline(s), with variation in the AP Marlow editorial analyses given first consideration. This was contrasted with the headlines of the original editorials to determine whether regional differences, possible areas where bias manifested itself, were discernible. 12 Selective Editorial Discretion and Local Regionalism The functionalist approach of this study examined the editing process that went into the making of the news in midsize newspapers in the 1960s. While not making news themselves in the conventional sense, these journalists were in fact breaking the news breaking it down, editing it, and disseminating it to their audiences. Critical social theory was used to construct an argument that different societal inequities, those that can be interpreted as regionally bound, are manifested in the framing of newspaper content in midsize newspapers. One justification for critically analyzing Sullivan editorials comes Jan Vermeer in The View from the States. 13 He looked at national politics in local newspaper editorials, with this media handling proposed to have implications to regionalism. Vermeer asserts that Americans and journalists alike tend to blame the bureaucrats, while citing former Alabama Governor

175 160 George Wallace s inclination to refer to executive decision-makers in Washington as pointyheaded bureaucrats. 14 Public officials are often used as scapegoats by the press, he contends, while the bureaucracy has few fans among editors. 15 This alludes to the North-South dichotomy emphasized as a regionalism issue in Chapter Three. Distinct differences can be discerned across political lines, those that touch on the federal-state power struggle relevant to this study through the Fourteenth and Fifteenth Amendments discussed in Chapter Two. The concept of federalism and the resolving of conflicts, many of which inherently involve power dimensions of some purport between competing state and federal agencies, are regularly brought before the Supreme Court. These information gatekeepers, the editors of midsize newspapers, control the disclosure of pertinent facts concerning such Supreme Court happenings. This includes legal topics and constitutional rights issues that average citizens, those who lack an awareness of the actual duties and responsibilities of these justices, might find incomprehensible. Considered here is whether these editors dealt with the Supreme Court in the same way Vermeer contends other members of the bureaucracy were treated in their coverage. This led to a situation where editors conceivably felt the necessity to protect the states from certain types of national action. Because of their awe-inspiring position and the mystery behind those cloaked in black robes, editorial commentary often served to explain the Court (its justices actions) and the rationale behind its rulings to readers. 16 Vermeer s analysis of editorial commentary on the Supreme Court in fact stresses his contention that the Supreme Court, as the leading members of the judicial branch, assumed the most distant stance from the general public s eyes and these justices were the least understood accordingly. This realization serves to exemplify the importance of the gatekeeper role that

176 161 editors assume, while the current study sought to discover if there were different priorities among editors based on their allegiance(s) to their readership. As an example, the Montgomery Advertiser did not serve in the watchdog capacity over judiciary matters to any degree of objectivity, when it allowed a judge (Walter B. Jones) to write his own column and comment on whatever he pleased. 17 Columns such as his served more of an entertainment purpose, gratifying their readership in the exaltations of local happenings and affairs, while framing as important what outsiders (those not within the local readership region) might perceive as trivial. This only served to add to the power imbalance between the elite, the judges, the politicians, and the newspaper moguls, for instance, and the blue-collar workers and other constituents who they are supposed to be serving. This position of power, along with the fact national newspapers served multiple states and are therefore expected to provide coverage of broader issues, is something that economically distinguishes them from midsize newspapers. The finding that nationals handled Sullivan differently, both in terms of editorial commentary and through minimal wire article usage, was not a surprise. The message framed within the headline(s) in national editorials was heavily biased for freedom of the press, while supporting the Court s decision unequivocally. 18 This was evidentiary support that the nationals were biased for press freedom, thus providing a rationale for such devoted coverage of the appeal in the U.S. Supreme Court (where constitutional issues such as press freedom are addressed), particularly where editorials were concerned. As noted, the lone exception (the Advertiser) can be attributed to localized regional discretion to disdain the Times-Sullivan ruling through lack of editorial commentary. Their editorial practices were not surprising, however, considering the underlying interest in protecting the economic viability of the newspaper as an attractive advertising medium. As

177 162 larger publications with an established circulation base, they can afford a more extensive staff that often included bureaus in metro hubs, for instance. The employment of staff articles by nationals as compared to midsize newspapers (100% to 0% in Table 5.5) was probably the result of an inherent interest in national news (which cannot be assumed with midsize newspapers), however, an explanation for the decision by national editors to devote more comprehensive coverage to the final decision. National newspapers are held to higher level of accountability because of their extensive resources and represented a more viable target for larger libel suits, while historically attracting the largest libel lawsuits from accusing parties. The Chicago Tribune went to an extreme in emphasizing the importance of its role in effectuating the Times-Sullivan ruling. 19 If the New York Times had lost the appeal and been forced to pay the libel awards against them, this would have affected the entire newspaper industry dramatically, both from an economic and legal perspective. The Times-Sullivan ruling did represent a major decision by the Court, with many legal experts identifying it as a landmark precedent that could have great impact on freedom of the press and libel cases in the future. The Relevance of Media Economics The media economics aspect of this study was not pursued to any significant degree, as noted in Chapter One. The midsize newspapers examined in this study have less capital resources at their disposal. These regional newspapers employed smaller staffs, while editors and owners realized their dependence on advertising revenue invested in smaller consumer markets, and sometimes adjusted their editorial content to please their advertisers. This often gave smaller newspapers an advantage with advertisers, in the ability to reach a more specific audience, in comparison with the national dailies, however. This localization of content, a

178 163 need for local stories that staff reporters must be assigned to cover, increased overhead costs. This created a situation where it was not surprising to find that many midsize newspapers did indeed rely heavily on wire services for national news, while many were only able to afford a few of them. 20 The question that this study investigated was whether these editors shaped the news for their readers, so to speak, regionalizing it to meet their cultural needs. In many instances this was a quasi-captive audience, one with no choice but to buy the local newspaper available or forego reading any newspaper, particularly back in the early 1960s. This is a consumer dynamic unlike the situation of most nationals, those newspapers circulated in zones of dense populations where a variety of media choices exist for their audiences, several ways to acquire the news from competing sources. Provided here is an argument for the relevancy of media economics as it relates to the daily midsize newspaper s marketing strategy approach. The sample newspapers chose some uniquely different advertising policies, distinguishable between the northern and southern newspapers. There were two apparent differences, the first being an aberration towards liquor advertising among 48 percent of the southern newspapers (limitations or non-acceptance in 12 newspapers), while only 3.4 percent (one newspaper) amongst their northern counterparts operated with such exclusionary measures in place. 21 Five southern newspapers also banned any palmist or fortune-telling advertising, not duplicated by those that refused alcohol advertisements, while no northern papers specified this condition. This regionally-bound difference in restrictions was 68 percent of the southern newspapers, as opposed to only 3.4 percent for northern. This doesn t take into consideration the differences these newspapers had in their professed political affiliation, something not

179 164 considered as relevant to the current research. 22 For the record, seven of the 29 northern newspapers declared Republican; six were in combined affiliation with Independent, however, with only one alone. One separate northern newspaper declared Democratic and Independent affiliation. The southern newspapers were notably different, with 11 declaring Democratic and Independent affiliation, while four others maintained Democratic-only affiliation. 23 Significance of Wire Article Placement What was discovered was the assumed strategic placement of several public interest pieces of political importance, at least when considered in a regional context, next to larger advertisements. On several occasions the Marlow piece was placed with a large food or clothing advertisement that took up over two-thirds of the page. 24 This placement handling, the editorial decision to include these features inside the news pages, was another distinguishing practice of the midsizes. What was not initially apparent was the fact it had been edited down to accommodate its placement on that page. In other publications, however, the same Marlow news piece was placed in the editorial section, with the editing out of text found to be a common practice for such an editorial feature column as well. This was not quantified in coding schedules and represents one possible explanation for editorial discretion when framing wire articles. The relevance of these findings with respect to internal sourcing is that inferences can be drawn concerning the editorial handling practices that distinguish nationals from midsize newspapers. The speculation with both placement locations is that it was shortened to fit in such a restricted-space placement. An editorial placement in the news section is not uncommon for public interest articles, however, with many studies having looked for marketing strategies that target selective audience groups. The obvious reason for such research is an economic one, in

180 165 that, because of advertiser demand(s), there is money available to support such niche marketing research. An example of this purposive placement is evident in many current newspapers, where it is a common practice to strategically place computer, automobile, and adult entertainment ads in the sports pages or other sections that a larger percentage of the target gender (males) would be more apt to read on a regular basis. The rationale for such targeting practices goes beyond niche marketing and was particularly evident in the 1960s, when indeed it was the male who typically made the majority of the household purchasing decisions. 25 The discovery of placements in the editorial page itself indicated that many midsize editors accepted news service or syndicated feature columns on a regular basis. The editorial omission of paragraphs from usage(s) suggested that editors tend to place more value on regional commentary coming from internally generated editorials. The editorial discretion observed in this analysis was the inclusion of regionally oriented (internally sourced) content as opposed to material coming from an external source, while editing out paragraphs of the Marlow column instead to fit the space available. 26 Midsize Newspaper Research The popular justification for focusing on nationals is that they reach the most people with their huge circulation numbers, but this was actually not the case. The ASNE figures introduced in Chapter One confirmed that, if the midsize circulations are considered as a cumulative total, these publications reached a larger number of Americans while having a significant impact on society, accordingly. The lack of attention in many journalism studies has contributed to a situation where its importance, the significant role that midsize newspapers serve as information providers to Americans, is often overlooked. In defense of the midsize newspaper, it often served the same purpose for their readers by providing similar

181 166 features and comparable coverage, along with an observed professionalism in pages not unlike the national newspapers. Those in sociological circles who argue such media are often times stereotyped by communication scholars, so to speak, rationalize this as a lack of academic respect accordingly. Just as people who choose to live outside the city are considered less cultured or educated, these newspapers face a similar prejudice that must be overcome, a perceived lack of professionalism because they are printed in rural America. Midsize newspapers are more difficult to track down, as these editions represent a less-convenient sample not often found outside local or state archives. This lack of availability encourages researchers to look elsewhere for subject material. 27 Most journalism research has focused on national dailies, possibly due to this convenience factor. The fact that educational institutions with journalism scholars dedicated to research are often situated in urban settings, where metropolitan newspapers dominate the media market, supports such an assertion. Strengths and Weaknesses of this Study In retrospect, what this study accomplished was to bring together the news stories written by the forgotten majority, the midsize newspaper or, figuratively speaking, the little person that wallowed in the shadow of the media giant the national newspaper. The current study collected a unique sample from an underrepresented media organ, the midsize newspaper, in the 1960s. Weakness: Size Estimation and Reliance on Inferences Coding article size was problematic, in that the column-inch length was often an estimation because the use of different microfiche machines, and the number of sample publications also led to scaling concerns. 28 This lack of standardization created a situation were

182 167 broad size ranges served to facilitate the coding process. The data values, unfortunately, were not an entirely accurate gauge of article size differences, particularly with larger articles where measurement intervals stopped at one page. This led to a finding of no quantitative difference between nationals and midsizes, when there was a substantial difference in articles offered by certain newspapers, the Post, Times, and Tribune in particular. The proposition that regionalism was a definitive factor that differentiated midsize newspapers was tested using the concept of selective omission, in this instance the noninclusion of any article coverage available. Inferences were drawn concerning the editorial process, the factors that that influenced editorial decisions, due to a lack of access to many of those who were editors in the early 1960s and the economic limitations of this researcher. The underlined areas were the two weaknesses that led to a seldom-used methodology where a qualitative section was incorporated to augment the quantitative findings. This made the reporting of findings more complicated in the process. Future Study The narrow focus of the articles identified as relevant to this study, only news and editorials reporting on the Sullivan case itself or the perceived legal impact on newspapers, could be expanded to include topics covered in the catalogued articles that were eliminated from consideration. Such an expanded scope, one including a larger portion of articles from a given edition, would create a better sample to make a publication assessment for regional bias. A news range focused on civil rights, constitutional rights such as voting, and regional politics in general, would provide additional supporting evidence for the contention that editors tend to cater to the regional needs of their readers and advertisers. Whether such editors were concerned with

183 168 keeping their readers informed on constitutional rights issues would be more directly addressed using such an expanded sample. One interesting comparison study would be the quantification of morning and evening editions amongst papers that published in the 1960s and continued to publish these editions decades later, by analysis of content with respect to target audience orientation. The evening edition content is projected to be more locally based and family-oriented, catering more so to women readers. This considers the time frame of this study, the early 1960s, when a higher percentage of women did not work for a living, staying at home while being the typical first reader of the evening paper. The morning edition, on the other hand, would be more nationally oriented, targeting the typical business and working class reader (the male who might take it to work with him) more so, while devoting more space and editorials to the Sullivan case. The Bureau of Census archive concerning population density, for instance, provide figures looking at differences in the newspapers in metro versus non-metro areas, when considering a comparative analysis that uses rural versus urban as an independent co-variate. Still another option would be to investigate to see if there is any correlation related to publication size. This might be discernible through an investigation of the editorial content devoted to topics such as the Sullivan case and civil rights issues, topics of national concern. The process would involve a comparison against circulation numbers delineated (quantified) to a more precise distinction that just small (or community) versus midsize (or city) versus large (or national) newspapers in an effort to detect significant editorial differences. This untraditional approach might also be adopted for further research using a postmodern perspective, one that argues against the use of grand narratives such as regionalism to document real-life occurrences or rationalize on any perceived effects. The adoption of a

184 169 functionalist logic incorporated into a methodological approach that adheres to the critical paradigm (critical social theory), has developed into what might be construed as postmodernist approach, in that it has been stressed in this research that the editorial decision-making process is too complex for simple deductive reasoning. Inferences of an overly critical nature were drawn instead, an end result that was not the original intention of this researcher, per se. Conclusion The relevance of critical social theory is now alluded to again, when considering how society functions. The importance of qualitative analysis or interpretation of the findings is elaborated here. Just as any investigation of the communication processes themselves would be meaningless, were it not for the fact that society has accepted a universal language to make sense of imparted messages by providing shared interpretation of their meaning, the same holds true for the legal concepts that were at play in the article subject focus of this study. The interpretation(s) of the justices as to the central meaning of the First Amendment with respect to freedom of the press and libel would be meaningless, were it not for the fact that society has accepted these views universally and placed these judges in a position of empowerment over others accordingly. But the justice system does not rely of the correctness of these interpretations for society to function in orderly manner, but rather on the deterrent factor created by societal acceptance of these precepts instead. Similarly, journalism does not necessarily gain credibility and maintain its watchdog function as a public service through the accuracy of their coverage. The discretionary levity to determine newsworthiness is not unlike the interpretive role the Supreme Court justices assume with respect to civil rights issues. The selective perceptions of editors concerning newsworthiness are the cause for the regionalism effect manifested in the content within the

185 170 midsized newspapers sampled. This media was expected to keep its readership apprised of legal affairs in this instance. It is the adherence to ethical and professional guidelines amongst such newspapers that makes for accountability, where no one is above the law. In this instance, the Sullivan ruling was a matter of public concern freedom of the press and their proverbial right to know about governmental affairs and the actions of public officials. The current research functions to maintain some level of accountability over the decisions of smaller newspaper editors. This is accomplished by pointing out improprieties or shortcomings with the current journalistic practices used to determine the news that readers in non-metropolitan areas received from midsize newspapers. The findings noted distinct regional differences in editorialization with respect to a Supreme Court case. The Times-Sullivan ruling represented one instance that tested the objectivity and responsibility (devotion to duty) of regional editors in their service role as gatekeepers or purveyors of public information. Tables 5.6, 5.7, and 5.8 are arguably the most significant finding(s), the strengths in statistics that indicate space (article size) was not related, while confirming a correlation with respect to article placement and article frequency. This identified regional differences between northern and southern newspapers, with respect to the coverage of the Sullivan case. Regionalism was found to be a prevalent influence, one factor that might be used to predict, with a fair amount of accuracy, the amount or type of coverage in regional midsize newspapers, whether this was original commentary or wire article content, and article placement devoted to the Sullivan final decision.

186 171 NOTES 1. Based upon coded value fields, that there was little difference in the article size between midsizes (3.71) and nationals (4.29), when in fact the news articles in the nationals were much larger, on average. The analysis in Appendix 3I does not reflect editorial handling differences while taking into account multi-page coverage, with article size findings not necessarily representative of the total coverage amount (actual space devoted) as a result. 2. This refers to placement of the What Separates the South column along with the Intimidation of Press Dealt a Blow headline (Constitution), and the The Supreme Court Strikes Another Blow for Freedom headline (Courant). 3. Richard Lentz, The Search for Strategic Silence: Discovering What Journalism Leaves Out, American Journalism 8, no. 1 (Winter 1991): The regional conflict of interest identified here is that the Advertiser is a southern national based in the Alabama city where the original trial took place, while the case reached a final decision when overturned in Washington, D.C. 4. These figures were taken from Table 5.5 and considered either news or editorial as coverage for Incident D. There was less disparity in coverage by southerns, between both Incidents A and D. 5. This lack of correlation was confirmed through a crosstabulation (Table 5.6), which verified the regional insignificance of article size among midsizes. See Appendix 3D for the complete statistical analysis for article size correlation. 6. This would be r 2 =.016 (Alabama trial) and r 2 =.015 (Supreme Court Decision) respectively, with the higher value as slightly less indicative of significance. 7. Appendix 6 documents selective wire article usage, those with multiple uses as previously stipulated. 8. See Article Category 27 in Appendix 2R for these editorials published in editorial section. 9. Your Rugged Constitution was a syndicated column was a regular feature of several study newspapers. 10. See Appendix 6L for the headlines in original editorials listed in Table This headline assessment followed the procedure detailed in Appendix 2N. The headline assessment performed on news agency articles confirmed this as well for editorial coverage of the final decision (Incident D). 11. See Appendix 2O for coding key tools, and Appendix 6 for coding key assessments. 12. See Tables 5.10 for Marlow and 5.11 for original editorials; see Appendix 6L for original editorial headlines. 13. Jan P. Vermeer, The View from the States: National Politics in Local Newspaper Editorials (Lanham, MD: Rowman & Littlefield, 2002). This research included two chapters that investigate political reporting and the Supreme Court. 14. ibid., 81.

187 ibid., 16, 93; Vermeer notes that editorials with criticism and disagreement are far more common than those containing positive commentary. 16. ibid., See Chapter Five for more about Jones column, under RQ The headlines from the spotlight editorials in the Constitution and Courant are good examples of such bias towards federal patriotism while embracing the First Amendment. 19. The Tribune devoted two articles towards reminding their readership of the significance of a case in 1923 that the paper was a major participant in. This case was cited in Sullivan court opinion as part of the rationale for overturning the original trial decision after it had previously been confirmed on state appeal, with both of these actions in Alabama courts. This case would be William H. Thompson (mayor) and City of Chicago v. Tribune. The disputes between Thompson and The Tribune began when The Tribune accused the city of not putting up war posters sent by Washington during World War I, with Thompson suing in four libel suits that totaled $1,350,000. Tribune publisher Robert R. McCormick was determined to fight the issue of this and another $10 million civil libel suit filed by the city of Chicago to the end. A trial judge, Harry M. Fisher, ruled in favor of the newspaper, a victory for free press in that it thwarted one attempt by a public official to intimidate the press. 20. This does of course assume they have limited resources and are in business to make money. This study relies on their news service subscription(s) as reported in the Editor & Publisher Yearbook; refer to Appendices 1A, 1B, and 1C for the agencies each of the sample newspapers actually had access to. 21. These numbers are all being calculated from the advertising policy submitted by the sample newspapers to the Editor & Publisher International Yearbook, 1960 edition; this represented a twenty percent restriction for palmists. See Appendices 1F and 1G for the background of the midsize newspapers of the current study. 22. Recall again the argument that Bagdikian made in Chapter Three, that such political affiliation has little meaning. 23. These affiliations are from Editor & Publisher International Yearbook, 1960 edition. 24. This was conspicuously evident in the AP Marlow news analysis pieces (#1 and #2) and carried in many publications during Incident D, the final Supreme Court decision. See Table 5.10 in the previous chapter and Appendix 6J. 25. Enough evidence is available to support the contention that a regional news model such as that proposed in Appendix 5B is one way to interpret the internal dynamics of the typical daily midsize newspaper in America. 26. See Appendix 6K for examples. 27. Most microfiches are made by making a copy from another, already scanned reel, foregoing the expensive set-up costs behind creating a new record of past newspaper editions. This presented a challenge, as many of the state archives were indeed reluctant to loan out their microfiche reels, fearing that they would be irreplaceable, if indeed they were ever lost or misplaced.

188 28. See Appendix 2O for the coding assessment keys, identifying the dates when agency releases were dual coded for size and placement. 173

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203 188 Appendix 1. Sample Newspapers LIST OF NEWSPAPER TABLES Table Page 1A Northern Newspapers Included in Study B Southern Newspapers Included in Study C National Newspapers Included in Study D Northern Newspapers and Competitors E Southern Newspapers and Competitors F Northern Newspapers and Advertising Policy G Southern Newspapers and Advertising Policy H Northern Newspapers Distribution and Circulation by Edition(s) I Southern Newspapers Distribution and Circulation by Edition(s) The sample newspapers listed in Appendix 1 (see Appendices 1A, 1B, and 1C for names of sample newspapers) were collected using the following operational definitions: National Newspaper: A newspaper with a daily circulation of over 100,000; study includes New York Times, Washington Post, Chicago Tribune, Atlanta Constitution, Montgomery Advertiser, and Philadelphia Inquirer. Midsize Newspaper: Any northern or southern newspaper with a daily circulation of over 25,000 but less than 100,000, based on Editor & Publisher International Yearbook (1960). Northern Newspapers: Those collected from states above or bordering the Mason-Dixon Line among the thirteen original colonies; includes PA, DE, NJ, CT, NY, MA, RI, and NH. None were collected from RI, because none within the midsize circulation existed.

204 189 Southern Newspapers: Newspapers from the seven of the eleven states identified by Odum as making up the South: AL, AR, GA, MS, NC, SC, and TN. KY, VA, LA, and FL were discretionary exclusions as least-preferred states. Border States: KY, WV, and MD were identified as border states during the Civil War (see map in Appendix 4B) and provisionally excluded from the prospective sample. VA was excluded as least preferred because of its proximity to Washington, D.C. and MD. One northern newspaper was included from the Borer State DE, because the location (Wilmington) was in the northern-most tip abutting the Mason-Dixon line. Least-Preferred Northern States: VT and ME were identified as least-preferred because they were not among the thirteen original colonies, with the supporting rationale for exclusion the argument that regionalism is historically passed along through the generations. Least-Preferred Southern States: The non-bible Belt states AR, LA, and FL, all identified by Odum as less representative of the Deep South. LA and FL were excluded from the southern sample states, while AR was limited to one publication. Note: A comprehensive list of sample states and number of newspapers included from each can be found in Appendix 4G.

205 M/E Edition Northern Newspapers Publication Name C O D E Political Affiliation Service Agencies City, State City Population ABC Circulation Monopoly Market/ Special Comments es The Evening Press 11 IND AP UPI CDN Binghamton, NY 82,700* 69,684 Small Comp; (m), REP M Schenectady Gazette 13 IND AP UPI Schenectady, NY 90,000* 47,453 Comp; (e), IND es Niagara Falls Gazette 15 IND REP AP UPI Niagara Falls, NY 105,000* 36,942 E Utica Observer 17 IND REP AP Utica, NY 106,000* 45,622 ms The Times-Union 19 IND AP UPI Albany, NY 134,995 67,629 Comp; (e) IND REP ms The Post-Standard 21 IND REP AP CDN Syracuse, NY 245,097* 98,096 Comp; (e) IND E New Britain Herald 23 IND AP UPI New Britain, CT 88,100* 30,482 E Bridgeport Post 25 IND AP UPI DJ Bridgeport, CT 170,000* 79,797e Co-owned papers M INS Bridgeport Telegram 27 IND Bridgeport, CT 170,000* 13,368m Co-owned papers ms Waterbury Republican 29 IND REP AP UPI Waterbury, CT 113,700* 22,446m 40,278e E New Haven Register 31 IND AP NANA NEA New Haven, CT 164,443 99,236e Small Comp; (m), IND All The Union-Leader 33 IND AP UPI NANA Manchester, NH 88,000* 46,510 All Day Publication ms Worcester Telegram 35 IND AP UPI RN Worcester, MA 203, m 92,367e es The Standard-Times 37 IND AP UPI New Bedford, MA 107,500 62,208 es The Lowell Sun 39 IND AP UPI Lowell, MA 97,249 42,164 E The Patriot-Ledger 41 IND AP UPI RN Quincy, MA 85,000* 45,338 es The Daily Home News 43 IND AP UPI New Brunswick, NJ 42,900* 39,920 es Trenton Evening Times 45 IND AP UPI CDN Trenton, NJ 128,009 64,934 Comp; (m)-tabloid E The Bergen Record 47 IND AP UPI Hackensack, NJ 219, E Courier-Post 49 IND AP UPI RN Camden, NJ 131,900* 77,331 es Asbury Park Even. Press 51 IND AP UPI Asbury Park, NJ 64,150 34,901 M/Es Reading Times-Eagle 53 IND AP UPI Reading, PA 155,184 35,885 Times(M)-Eagle(E) M/Es Erie Daily Times 55 IND REP AP UPI Erie, PA 130,803 53,951e 26,824m M/Es The Patriot 57 IND AP UPI CDN NYHT Harrisburg, PA 154,594 39,641m 76,496e es The Intelligencer-Journal 59 IND AP Lancaster, PA 87,708* 32,923 m 47,440e ms The Scranton Tribune 61 REP AP UPI Scranton, PA 131,000* 34,975 Competing w/63 es The Scranton Times 63 IND DEM AP Scranton, PA 131,000* 55,328 Competing w/61 M/Es Morning Call-Chronicle 65 IND AP UPI Allentown, PA 118,000* 77,524m 23,181e M Wilmington News 67 IND AP UPI Wilmington, DE 115,000* 30,216m co/own 71,252(e) M Meriden Record 69 IND REP AP Meriden, CT 77,600* 17,557m co/own 8,929(e); partial For Legend and Source Attribution, Refer to Appendix 1C. * estimated 1959 population Appendix 1A. Northern Newspapers Included in Study Includes the city of publication, population figures, and circulation numbers. 190

206 M/E Edition Southern Newspapers Publication Name C O D E Political Affiliation Service Agencies City, State City Population ABC Circulation Monopoly Market/ Special Comments M/Es Clarion-Ledger 12 DEM AP UPI Jackson, MS 152,000* 49,721m Small Comp; (e) DEM 40,335e M/Es Savannah Morning News 14 IND AP UPI Savannah, GA 137,100* 55,099m 24,937e co/owned es Anniston Star 16 IND DEM AP UPI Anniston, AL 37,500* 20,006e M/Es Southwest American 18 IND DEM AP UPI Fort Smith, AR 59,959 18,633m 18,917e es Jackson Sun 20 IND AP Jackson, TN 37,400* 14,409e M/E Press-Chronicle 22 IND DEM AP Johnson City, TN 31,500 5,565m 14,649e M/Es Herald-Courier 24 DEM (m) UPI Bristol, TN 38,000* 21,285m 8,583e M/Es Chattanooga Daily Times 26 IND DEM AP UPI Chattanooga, TN 157,100* 52,218m NYT NANA 59,606e es News-Sentinel 28 IND UP AP UPI SHNA NEA REP (e) editorially independent & Comp. Knoxville, TN 132,000* 100,591e Competitor is co-owned REP(m) M/Es Asheville Citizen 30 IND DEM AP Asheville, NC 60,192 38,737m 24,236e M/Es The Columbia State 32 IND DEM AP Columbia, SC 117,650 85,115m 29,050e M/Es News And Courier 34 IND AP UPI Charleston, SC 75,940 61,125m 34,236e M/Es Greenville News 36 IND AP UPI Greenville, SC 66,188 77,877m 25,397e M/Es Anderson Independent 38 DEM AP Anderson, SC 41,316 49,111m 7,039e M/Es Macon Telegraph 40 DEM AP UPI Macon, GA 122,876 43,153m 21,014e es Columbus Ledger 42 IND DEM AP UPI Columbus, GA ,736 es Columbus Enquirer 44 IND DEM AP UPI Columbus, GA ,083 M/Es Mobile Register 46 IND DEM UPI AP Mobile, AL 177,000* 39,997m 70,540e es Huntsville Times 48 IND DEM AP CDN Huntsville, AL 67,500* 28,760 es The Gadsden Times 50 IND AP UPI Gadsden, AL 70,000* 26,054 es Dothan Eagle 52 IND AP Dothan, AL 28,200* 23,381 es Meridian Star 54 IND AP UPI Meridian, MS 54,000* 20,781 E Biloxi Daily Herald 56 IND DEM AP Biloxi, MS 74,257 28,321 E Hattiesburg American 58 IND AP Hattiesburg, MS 34,989 15,280 es Delta Democrat-Times 60 IND AP UPI Greenville, MS 41,502 13,455 M/Es Augusta Chronicle 66 IND AP UPI Augusta, GA 101,200* 45,160 Partial; pilot run only. Appendix 1B. Southern Newspapers Included in Study Includes the city of publication, population figures, and circulation numbers. 191

207 M/E Edition m/es Prestige Newspapers Publication Name Atlanta Constitution- Journal C O D E Pol. Affil. 70 IND DEM Service Agencies UPI AP NYT NANA ms New York Times 71 IND AP UPI CanP NANA ms Washington Post 72 IND AP UPI RN NYHT CDN ms Chicago Tribune 73 IND AP RN NYT REP CT-NYT UPI City, State City Population ABC Circulation Atlanta, GA 517,000* 200,181m 261,962e Monopoly Market/ Spec. Comments 1 competing ms; Doesn t accept mail order ads or locally sold merchandise. New York, NY 7,795, ,169 Multiple Competitors CanP = Canadian Press Washington, DC 870,000* 393,718 2 Competing, both (e) Chicago, IL 3,800,000* 883,213 Multiple Competitors; does not accept fortune tellers, some medical ads. m/es Montgomery Advertiser 74 IND DEM AP UPI Montgomery, AL 135,000* 64,324m 24,203e (Ala Journal) ms Philadelphia Inquirer 75 IND AP CDN CT-NYN DJ NYHT UPI Philadelphia, PA 2,210,000* 618,557 Multiple Competitors ms Hartford Courant 76 REP AP UPI Hartford, CT partial 187, ,563m 1 competing (e) only. * estimated 1959 population Includes the city of publication, population figures, and circulation numbers. Legend and Attribution for all Appendix 1 Tables (Includes Appendix 1A, Appendix 1B, Appendix 1C, Appendix 1D, Appendix 1E, Appendix 1F, Appendix 1G, Appendix 1H, and Appendix 1I). Note that all information and numbers are based on Editor & Publisher International Yearbook, 1960 edition. M/E edition column : denotes whether daily newspaper offered a morning, evening, and/or Sunday edition during the study period, 1960 to M = Morning newspaper edition only; E = Evening newspaper edition only. ms = Morning newspaper with Sunday edition of larger circulation; es = Evening newspaper with Sunday edition of larger circulation; m/es = Morning and evening editions with combined more than Sunday. M/Es = Morning and Evening editions, with Sunday circulation of higher circulation than either weekday edition, either singly or combined. Code column : Designated newspaper code for the purpose of conducting blind review; odd numbers were assigned to Northern Newspapers, even numbers to Southern Newspapers, numbered from 11 to 69. Prestige papers were assigned numbers from 70 to 79. Political Affiliation column : Identifies newspaper affiliation as reported; IND = Independent; REP = Republican; DEM = Democratic. Note that some newspapers carry multiple political affiliation(s), with listed order having some significance. Service Agencies column : AP = Associated Press; UPI = United Press International; RN = Reuters News; NANA = North Amer. Newspaper Alliance; NYT = NY Times; CT-NYN = Chicago Tribune-NY News; NYHT = NY Herald Tribune; CDN = Chicago Daily News; DJ = Dow Jones City Population column : Numbers are based on 1960 census population figures, unless otherwise noted by asterisk. ABC Circulation column : Advertising Bureau of Circulations numbers, used for their advertising rates. Monopoly Market/Special Comments column : Denotes whether Comp (= competing paper) exists in their circulation zone, specifies edition. Appendix 1C. National Newspapers Included in Study Also listed are Larger Prestige papers not included, but used for pilot run/discussion. 192

208 193 Appendix 1D. Northern Newspapers and Competitors Identified by name, contrasted by political affiliation and news agency subscription. News- Comp. Pol. Aff. or paper Northern Newspapers Political Service Paper Competitive Papers Pub. Serv.Agy. Code Publication Name Affiliation Agencies Code Name & Type Difference 11 The Evening Press (es) IND AP UPI C11 Binghamton Sun (m) REP AP Gannett CDN 13 Schenectady Gazette (m) IND AP UPI C13 Union Star (e) IND AP 15 Niagara Falls Gazette (es) IND REP AP UPI none 17 Utica Observer (e) IND REP AP none 19 The Times-Union (ms) IND Hearst AP UPI C19 Knickerbocker News (e) IND REP AP UPI Gannett 21 The Post-Standard (ms) IND REP AP CDN C21 Herald-Journal American (es) 23 New Britain Herald (e) IND AP UPI none 25 Bridgeport Post (e) IND AP UPI none DJ INS 27 Bridgeport Telegram (m) IND AP UPI none DJ INS IND AP UPI NANA Co-owned with 27 Co-owned with Waterbury Republican (ms) IND REP AP UPI both morning and evening editions 31 New Haven Register (e) IND AP C31 Journal-Courier (m) IND AP NANA NEA 33 The Union-Leader (all day) IND AP UPI none NANA 35 Worcester Telegram (ms) IND AP UPI none RN 37 The Standard-Times (es) IND AP UPI none 39 The Lowell Sun (es) IND AP UPI none 41 The Patriot-Ledger (e) IND AP UPI none RN 43 Daily Home News (es) IND AP UPI none 45 Trenton Times (es) IND AP UPI C45 Trentonian (m) (Tabloid) IND UPI CDN 47 The Bergen Record (e) IND AP UPI none 49 Courier-Post (e) IND AP UPI none RN 51 Asbury Park Press (es) IND AP UPI none 53 Reading Times (ms) IND AP UPI C53 Reading Eagle (es) Co-owned competitor 55 Erie Daily Times (m/es) IND REP AP UPI none 57 The Patriot (m/es) IND AP UPI none CDN NYHT 59 The Intelligencer (ms) IND AP C59 Journal (es) Co-owned 61 The Scranton Tribune (ms) REP AP UPI 63 The Scranton Times (es) IND DEM AP 63 The Scranton Times (es) IND DEM AP 61 The Scranton Tribune AP UPI (ms) 65 Morning Call (ms) IND AP UPI C65 Chronicle (es) Co-owned 67 Wilmington News (m) IND AP UPI C67 Journal (e) Co-owned 69* Meriden Record (m) IND REP AP C69 Journal (e) Co-owned * for pilot run only; not included in any statistical analyses. For Legend and Source Attribution, Refer to Appendix 1C.

209 194 Appendix 1E. Southern Newspapers and Competitors Identified by name, contrasted by political affiliation and news agency subscription. News- Comp. paper Southern Newspapers Political Service Paper Code Publication Name Affiliation Agencies Code 12 Clarion-Ledger (ms) DEM AP UPI c/own (C12) Competitive Papers Pub. Name & Type Ledger (e) State Times (es) Pol. Aff. or Serv.Agy. Difference - same -diff edit DEM UPI 14 Savannah News (ms) IND AP UPI c/own Savannah Press(e) same (C14) 16 Anniston Star (es) IND DEM AP UPI n/a none n/a 18 Southwest American (ms) IND DEM AP UPI c/own Southwest Times (e) same (C18) 20 Jackson Sun (es) IND AP n/a none n/a 22 Press-Chronicle (m) IND DEM AP c/own Press-Chronicle (e) same 24 Herald-Courier (ms) DEM (m) UPI c/own Virginia-Tennessean (e) Diff.editor REP(e) UPI (C24) 26 Chattanooga Daily Times IND DEM AP UPI c/own News-Free Press (e) Diff. Res. (ms) NANA IND AP (C26) NYT UPI only 28 News-Sentinel (es) IND UP AP UPI NEA SHNA c/own (C28) 30 Asheville Citizen (ms) IND DEM AP c/own (C30) 32 Columbia State (ms) IND DEM AP c/own (C32) 34 News & Courier (ms) IND AP UPI c/own (C34) 36 Greenville News (ms) IND AP UPI c/own (C36) 38 Anderson Independent DEM AP c/own (ms) NANA (C38) 40 Macon Telegraph (ms) DEM AP UPI c/own (C40) 42 Columbus Ledger (es) IND DEM AP UPI c/own (44) Journal (m) Asheville Times (e) Columbia Record (e) Post (e) Piedmont (e) Anderson Mail (e) Macon News (es) Columbus Enquirer (ms) Separate editors REP AP same same same same same same diff. editors 44 Columbus Enquirer (ms) IND DEM AP UPI c/own (42) Columbus Ledger (ms) diff. editors 46 Mobile Register (ms) IND DEM UPI AP c/own Mobile Press (es) same (C46) 48 Huntsville Times (es) IND DEM AP CDN n/a none n/a 50 The Gadsden Times (es) IND AP UPI n/a none n/a 52 Dothan Eagle (es) IND AP n/a none n/a 54 Meridian Star(eS) IND AP UPI n/a none n/a 56 Biloxi Daily Herald(e) IND DEM AP n/a none n/a 58 Hattiesburg American (e) IND AP n/a none n/a 60 Delta Democrat-Times IND AP UPI n/a none n/a (es) 66* Augusta Chronicle (ms) IND UPI c/own (C66) Augusta Herald (es) same * for pilot run only; not included in any statistical analyses. For Legend and Source Attribution, Refer to Appendix 1C.

210 195 Appendix 1F. Northern Newspapers and Advertising Policy Policy as noted from Editor & Publisher Yearbook, 1960 edition. Newspaper Northern Newspapers Political Specific Advertising Acceptance Policy; Code Publication Name Affiliation Chain papers identified. 11 The Evening Press (es) IND Gannett paper 13 Schenectady Gazette (m) IND 15 Niagara Falls Gazette (es) IND REP 17 Utica Observer (e) IND REP 19 The Times-Union (ms) IND Hearst paper 21 The Post-Standard (ms) IND REP 23 New Britain Herald (e) IND 25 Bridgeport Post (e) IND Offers local Sunday magazine, newsprint 27 Bridgeport Telegram (m) IND Offers local Sunday magazine, newsprint 29 Waterbury Republican (ms) IND REP No mail order advertising. 31 New Haven Register (e) IND 33 The Union-Leader (all day) IND 35 Worcester Telegram (ms) IND No liquor advertising. 37 The Standard-Times (es) IND 39 The Lowell Sun (es) IND 41 The Patriot-Ledger (e) IND 43 Daily Home News (es) IND 45 Trenton Times (es) IND 47 The Bergen Record (e) IND 49 Courier-Post (e) IND 51 Asbury Park Press (es) IND 53 Reading Times (ms) IND 55 Erie Daily Times (m/es) IND REP 57 The Patriot (m/es) IND 59 The Intelligencer (ms) IND 61 The Scranton Tribune (ms) REP 63 Scranton Times (e) IND DEM Broadcast affiliate; Radio WEJL 65 Morning Call (ms) IND 67 Wilmington News (m) IND 69* Meriden Record (m) IND REP No major holiday issues. * for pilot run only; not included in any statistical analyses. For Legend and Source Attribution, Refer to Appendix 1C.

211 196 Appendix 1G. Southern Newspapers and Advertising Policy Policy as noted from Editor & Publisher Yearbook, 1960 edition. Newspaper Southern Newspapers Political Specific Advertising Acceptance Policy; Code Publication Name Affiliation Chain papers identified. 12 Clarion-Ledger DEM Alcoholic beverages-beer & wine only Competitor CS1-no hard liquor 14 Savannah Morning News IND 16 Anniston Star IND DEM No alcoholic beverages; No vending machine copy 18 Southwest American IND DEM 20 Jackson Sun IND No liquor 22 Press-Chronicle IND DEM 24 Herald-Courier DEM (m) 26 Chattanooga Daily Times IND DEM Evening only- No alcoholic beverages 28 News-Sentinel IND 30 Asheville Citizen IND DEM No whiskey 32 The Columbia State IND DEM 34 News And Courier IND No liquor advertising. 36 Greenville News IND No rebuilt appliances; No fortune tellers 38 Anderson Independent DEM No palmists 40 Macon Telegraph DEM 42 Columbus Ledger IND DEM No palmists; No fortune telling 44 Columbus Enquirer IND DEM No palmists; No fortune telling 46 Mobile Register IND DEM No liquor on Sundays 48 Huntsville Times IND DEM No alcoholic beverages 50 The Gadsden Times IND 52 Dothan Eagle IND No liquor. 54 Meridian Star IND No hard liquor. 56 Biloxi Daily Herald IND DEM No whiskey. 58 Hattiesburg American IND No hard liquor. 60 Delta Democrat-Times IND No liquor. 66* Augusta Chronicle IND No mail order, palmists, or fortune tellers. * for pilot run only; not included in any statistical analyses. For Legend and Source Attribution, Refer to Appendix 1C.

212 197 Appendix 1H. Northern Newspapers Distribution & Circulation This table distinguishes editions between economic competition from rival-owned media companies and those affiliated with study newspapers, specifying the circulation numbers of each. News- ABC Comp paper City and State of Northern City Circulation Paper Competitive Papers Media Market Code Publications Population Study Papers Code ABC Circulation Competitor 11 Binghamton, NY 82,700* 69,684 (e) C11 28,583 (m)(not in study) Competing 13 Schenectady, NY 90,000* 47,453 (m) C13 35,771 (e) (not in study) Competing 15 Niagara Falls, NY 105,000* 36,942 (e) none n/a 17 Utica, NY 106,000* 45,622 (e) none n/a 19 Albany, NY 134,995 67,629 (m) C19 66,739 (e) (not in study) Competing 21 Syracuse, NY 245,097* 98,096 (m) C21 128,778(e)(not in study) Competing 23 New Britain, CT 88,100* 30,482 (e) none n/a 25 Bridgeport, CT 170,000* 79,797 (e) 27 No 27 Bridgeport, CT 170,000* 13,368 (m) Partial only; not in considered in statistical analyses. 29 Waterbury, CT 113,700* 22,446 (m) and 40,278 (e) (not in study) No 31 New Haven, CT 164,443 99,236 (e) C29 24,287 (m)(not in study) Competing 33 Manchester, NH 88,000* 46,510 (all) none n/a 35 Worcester, MA 203, (m) and 92,367 (e) (not in study) No 37 New Bedford, MA 107,500 62,208 (e) none n/a 39 Lowell, MA 97,249 42,164 (e) none n/a 41 Quincy, MA 85,000* 45,338 (e) none n/a 43 New Brunswick, NJ 42,900* 39,920 (e) none n/a 45 Trenton, NJ 128,009 64,934 (e) C45 37,731 (m)(not in study) Competing 47 Hackensack, NJ 219, (e) none n/a 49 Camden, NJ 131,900* 77,331 (e) none n/a 51 Asbury Park, NJ 64,150 34,901 (e) none n/a 53 Reading, PA 155,184 35,885 (m) C53 Reading Times (e) No (not in study) 55 Erie, PA 130,803 53,951 (e) and 26,824 (m) (not in study) No 57 Harrisburg, PA 154,594 39,641 (m) and 76,496 (e) (not in study) No 59 Lancaster, PA 87,708* 32,923 (m) C59 47,440 (e) (not in study) No 61 Scranton, PA 131,000* 34,975 (m) 63 55,328 (e) Competing 63 Scranton, PA 131,000* 55,328 (e) 61 34,975 (m) Partial only; Competing not in considered in statistical analyses. 65 Allentown, PA 118,000* 77,524 (m) C63 23,181 (e) (not in study) No 67 Wilmington, DE 115,000* 30,216 (m) C65 71,252 (e) (not in study) No 69 Meriden, CT 77,600* 17,557 (m) and (e); partial only, not considered in statistical analyses. * Population figures are based on 1960 census, unless otherwise noted by asterisk (estimated population). For Legend and Source Attribution, Refer to Appendix 1C.

213 198 Appendix 1I. Southern Newspapers Distribution & Circulation This table distinguishes editions between economic competition from rival-owned media companies and those affiliated with study newspapers, specifying the circulation numbers of each. News- ABC Comp paper City and State of Southern City Circulation Paper Competing Paper(s) Code Publication(s) Population Study Papers Code ABC Circulation 12 Jackson, MS 152,000* 49,721m c/own C12 14 Savannah, GA 137,100* 55,099m c/own 24,937 (e) (not in study) No 16 Anniston, AL 37,500* 20,006e none n/a 18 Fort Smith, AR 59,959 18,633m c/own 18,917 (e) (not in study) No 20 Jackson, TN 37,400* 14,409e none 22 Johnson City, TN 31,500 5,565m c/own 14,649 (e) (not in study) No 24 Bristol, TN 38,000* 20,435m c/own 8,583 (e) (not in study) No C24 26 Chattanooga, TN 157,100* 51,297m c/own C26 28 Knoxville, TN 132,000* 100,591e c/own C28 Media Market Competitor 40,335(e)(not in study) 23,535 (es) Competing 57,662 (e) (not in study) No 66,773 (m)(not in study) Yes, but c/owned; indep. editors 24,723 (e)(not in study) No 30 Asheville, NC 60,192 38,737m c/own C30 32 Columbia, SC 117,650 85,115m c/own 29,050 (e)(not in study) n/a C32 34 Charleston, SC 75,940 61,125m c/own 92,367 (e)(not in study) No C34 36 Greenville, SC 66,188 77,877m c/own 25,058 (e)(not in study) No C36 38 Anderson, SC 41,316 49,111m c/own 34,236 (e)(not in study) No C38 40 Macon, GA 122,876 43,153m c/own 21,014 (e)(not in study) No C40 42 Columbus, GA ,736e c/own 26,083 (m)affil. w/44 No 44 Columbus, GA ,083m c/own 28,736 (e) affil. w/42 No 46 Mobile, AL 177,000* 39,997m c/own 70,540 (e) (not in study) No C46 48 Huntsville, AL 67,500* 28,760 none n/a 50 Gadsden, AL 70,000* 26,054 none n/a 52 Dothan, AL 28,200* 23,381 none No 54 Meridian, MS 54,000* 20,781e none No 56 Biloxi, MS 74,257 28,321e none No 58 Hattiesburg, MS 34,989 15,285e none (not includ. in study) n/a 60 Greenville, MS part. 41,502 13,455e none (not includ. in study) n/a 66 Augusta, GA 101,200* 45,160m c/own C66 19,910 (e) (not in study) No * Population figures are based on 1960 census, unless otherwise noted by asterisk (estimated population). For Legend and Source Attribution, Refer to Appendix 1C.

214 199 Appendix 2. Coding Definitions, Schedules, and Procedures LIST OF FILES ASSOCIATED WITH ARTICLE CODING ITEM Page 2A Coding Definitions: Article Type and Analysis Variables B Coding Definitions: Article Subject Focus C Coding Definitions: Article Significance & General Impression D Coding Schedule: Part I Article Identification E Coding Schedule: Part II Article Analysis F Coding Schedule: Part III Publication Assessment G Coding Procedures: Part I Article Identification H Coding Procedures: Dual Coding Sample Defined I Coding Instructions: Article Number Assignment J Coding Instructions: Coding Schedule Part I K Coding Instructions: Coding Schedule Part II L Coding Instructions: Coding Schedule Part III M Coding Instructions: Coding Schedule Part IV Instructions N Coding Sheet for News Service Articles & Original Editorials O Coding Key Sheets for Sullivan News Articles P Article Categories for Sullivan Articles & Editorials Q Valid Article Categories for Sullivan News & Editorials R Study Sample Itemized by Article Category S Coding Definitions for Sullivan Editorials: Incident D

215 200 Appendix 2A. Coding Definitions: Article Type and Analysis Variables The following coding definitions were given to both primary and secondary coders completing either Coding Schedule Part I or Coding Schedule Part II, Section A. Article Type Defintions: Top Story: One of the five stories appearing most prominently on page one of a newspaper. This is defined by placement above the fold, or by any article carrying a larger headline style on the bottom portion that inherently draws attention as one of the five most important pieces. Note: By definition, an article can be classified as most prominent placement-wise, yet identified as not a top story. Other News Story: Any news piece that does not meet the top story criteria, yet still has content of a breaking news (time-bound) nature. News Brief. Any news piece written in a summary style, that is either one paragraph (less than 50 words), or that refers to a larger article elsewhere. Feature Article: Defined as an article appearing in the news section that is not timedependent or time-bound, a piece that could readily appear in an edition on a different day. This often relates to pages devoted fully to one topic or a common issue/theme. Spotlight Editorial: By definition, this is considered the first editorial piece appearing under the banner/masthead on the editorial page, or in the upper left corner of a page that begins an editorial section. This also includes any editorials placed in column or inset format and conspicuously placed in prominent position (at the top of a page), on a page that precedes the editorial section. Spotlight editorials typically address the topic featured as a top story appearing earlier in that same or a previous day s edition. Other Editorial: Any editorial piece that does not meet the spotlight editorial criteria, yet still has opinion content reflecting the position of the newspaper. Syndicated opinion columns (those written by national/outside sources) are considered as other editorials, by definition, because of the editorial decision to selectively include such material. Letter: Any piece written by an outside source who is not a journalist or other professional. Eligible individuals are those who receive no compensation or perceivable gain from publication, submitting pieces that are typically identified as letters to the editor. Other/Advertisement: Any inclusion that cannot be classified as belonging to any of the aforementioned article-type categories. Analysis Variables: Article Category(s): One of 29 categories defined by criteria listed in Appendix 2P. Article Frequency: The number of times a paper covers a story, by article count. Incident: The time span of nine days immediately after one of the four Sullivan media events.

216 201 Newspaper Frequency: The newspaper count for coverage of a specific event; operationally defined as (0 = not covered) or (1 = covered) for each sample publication. Original Article: An internally-written news or feature article not linked to wire service(s). Original Editorial: An internally-written editorial by a paid or contracted newspaper person; includes those generated by owners, editors, staff reporters, and freelancers. Regional Origin: Term is used to distinguish the geographic location of a media event. Example: Incidents A and B are of regional origin; both in Alabama (regional origin in the South). Source of Origin: The source of a published news piece; categorized in Coding Schedule Part I. Sullivan-related Article: One of the 258 articles included within the sample reporting news or commentary about any of the four media events identified as Incidents, freedom of the press, press libel, or concerning any Sullivan trial participant.

217 202 Appendix 2B. Coding Definitions: Article Subject Focus The following coding definitions were used as a reference guide in the dual screening of catalogued articles (as performed in Phase One), when determining article subject focus. This involved completion of Coding Schedule Part II, Section B by both coders. Definitions of article subject types and examples of specific categories: #1 Regional/Political Focus. Media events/other content reported in articles concerning local happenings, political affairs of state, election campaigns, and other activities that can be defined by the locality of the event (city, county, state, federal), whether of a governmental nature or not. Those articles that highlight the government, public affairs, or the constituency (through city, county, state, or federal means) apply here. Those articles that would lose their newsworthiness, were it not for the regional/political element, or those which have a main focus in this area (the news is defined in these terms, either regionally or politically, in its significance) #2 Civil Rights Focus. Civil Rights for the purpose of these coding sheets refer to those rights/liberty interests that are addressed in the Amendments to the U.S. Constitution. It would include activities/media events where increased rights were advocated (i.e. Civil Rights movement, sit-in protests), those where the integration (desegregation) of schools was either attempted or opposed. Also noteworthy here are stories in the context of the Freedom Fighters, as such efforts strove to recognize not only voting rights, but also the equity of opportunity for those who had previously been denied such privilege, based on race, ethnicity, or gender. This refers to the cultural hegemony of citizens eligible to vote under provisions reaffirmed in the Fifteenth Amendment of the U.S. Constitution and highlights an issue of oppression in the South. #3 Supreme Court Focus. Anything that deals with the Supreme Court, as a signifier of the ultimate authority presiding over the affairs of the U.S. Justice system. Reference to it as the "High Court" is also acceptable here. Includes anything that might be considered newsworthy, reporting on matters that are about the Supreme Court itself or that this same Court is addressing or has addressed. #4 Sullivan Case Focus. The most specific focus category, as an article must mention or refer to the Times v. Sullivan case directly, or be considered an obvious inference to it (qualified for coding response of 4; refer to the assessment definitions on the next page). #5 News Industry Focus. Articles about the news media themselves (as businesses, in their operation); stories about news printers, reporting the news, the news industry in its service role to the community; anything that comments on issues concerning the sustenance of newspapers and/or the proliferation of news (includes news strikes).

218 203 The assessment of the degree of applicability of any given article-subject focus identifier will be a stratified ranking that adheres to the following degree classifications for assessment of subject occurrence: Main Focus (1). The main element (key factor or influence) that makes a topic/event newsworthy. Secondary Focus (2). The details or influences that augment the main focus or add to it, in an effort to provide further explanation or description. Mentioned only in passing (3). Applies when the keyword or phrase is mentioned, in exact wording or in directly synonymous terms (example: High Court instead of Supreme Court; people's rights instead of civil rights), BUT where the story goes into no further detail beyond that first hit. (no elaboration) Metaphoric representation (4). Applies when any coder discerns that the topic under consideration has been touched upon, but only in an analogical manner or as either an implication or an inference. No Focus (5). Applies whenever any coder discerns that the topic under consideration has been not been covered in a given article, either directly or indirectly through inference or implication. # # # # # # # # # # # # Note that the current study has been limited to those articles that received a 1-to-4 response for Category #4 (Sullivan case focus) or a 1-to-2 response in any others while specifically dealing with either freedom of the press or press libel in a context relevant to the Times v. Sullivan ruling. Also consider were any articles that dealt with legal issues involving any of the major participants in the Sullivan trial. See also Appendix 2H for a more detailed explanation of the sample-defining procedure.

219 204 Appendix 2C. Coding Definitions: Article Significance & General Impression The following coding definitions were used as a reference to guide both primary and secondary coders completing Coding Schedule Part II, Sections D, E, & G. Section D. Article Significance. Clarification of what defines article significance is provided here. Article significance, for the purpose of this study, applies only to articles designated as a top story (1) or other news story (2). determinable through the last digit of a catalogued (assigned) article number (example: XX - XX would denote article number 1234, catalogued and identified as a top story). This category is inherently insignificant and can be skipped, for any news article that is not coded as a (1) MAIN FOCUS or (2) SECONDARY FOCUS for the Regional/Political Article Subject Focus of Coding Schedule Part II - Section B. The reason for this is that these determinants were designed to determine when a news article of political controversy was of significance, in the study that these parameters were borrowed from the 2002 Wasburn study as discussed in Chapter Six. It should be noted here that such political controversy articles, while relevant to the study of regional influences on editorial decision-making processes, are identified as unessential to a study that uses the Sullivan case as the primary sample-defining variant. Section E. General Impression. Bias in this section is defined as an indication of possible selective favoritism, in any decision for inclusion or placement in a given publication. The wording of the body text is not considered as relevant here, whereas the editorial choices concerning the headline, subheads, sections heads, selective arrangement, and any included graphics have greater significance. A determination of the applicability of the uses and gratifications perspective, when considering how editors may (or may not) have been influenced when making article inclusion/article placement/article size decisions, is the purpose of this section. The majority of the news stories included in this study were derived from either an AP or UPI news source(s), a situation that makes editorial deletion (which would make for amounts of text usage allocated from the same original AP story) and elective presentation the main influencing factors that affect the readers' perception(s) of such pieces. Accordingly, word content in language use is more significant in the headline, and subheads. areas left open to editorial discretion. The rationale here is that an editor cannot rewrite an AP or UPI article and still attribute it to that source. On the other hand, that person can create headlines, section headers, and subheads other than those suggested/provided by the news agency, and still attribute it to the news agency. This is of course because the body of article text remains as the product authored through the agency.

220 205 General Definition of Bias Bias for the purpose of this coding section is defined as the selective decision to provide material in the topic fields defined. The assumption made here is that editors have made elective decisions for a reason. Such editorial bias in the editorial/regional bias fields of Section E, #1 through #4, includes the lack of inclusion of one aspect or one side of a story, regardless of whether this was a conscious decision or simply editorial ignorance on the part of the person assigned to place the article in a given publication. Geographic bias as determined in Section E, #5 through #7 is an assessment of the decision to focus of matter that might be construed as regionally targeting a specific audience, or providing edification for those representing certain defined regions in such a manner as to selectively serve what might be perceived as a selective audience s regional interests. Section E, #8 through #12 addresses selective editorial bias as the analysis of focus is further extended to the institutional level. Such a bias can be construed when the newspaper chooses to provide material that might edify entities (and/or the people associated with them) such as governmental agencies, public officials, politicians, judges, justices, their own newspaper, or the newspaper industry in general. Section G. Blatant Bias. Blatant bias is the selective decision to highlight (either through placement or headline content) such decision-making, in a manner where the newspaper editor is obviously not concerned with providing the full and unbiased story, picture, or impression. A blatant opinion is not blatant bias for the purpose of this study, unless an attempt has been made to either disguise such opinion or provide support as an attempt to manipulatively sway the reader to a certain end. Such editorial handling is considered as framing in a discretionary manner instead.

221 Appendix 2D. Coding Schedule Part I Article Identification (double-sided original) 206 Content Analysis Coding Schedule ( Part I) : Article Identification Regional Analysis of Midsize Daily Newspapers Headline (copy verbatim; include subhead, if provided and designate accordingly): Reporter/Author & Affiliation (copy name and designation) Name: Affiliation: 0 Affiliation Coding: 1. AP-news source 2. UPI-news source 3. Reuters 4. staff reporter 5. freelance writer 6. Publisher/Owner/Editor-in-Chief 7. Section editor 8. Other National source; specify: 9. Regional Source; specify: Article Length: Coded, 1 to 7 From Coding Instructions and procedures, Appendix XX 1 = less than three column inches 2 = three to six column inches 3 = seven to thirteen column inches 6 = between one-quarter and one-half page 4 = fourteen to twenty-two column inches 7 = over one-half page devoted to article 5 = more than one full column in length, less than onequarter of entire page Article Placement: 0 Coded, 1 to 5; From Coding Instructions and procedures, Appendix XX 1=most prominent 2=prominent 3=average 4=semi-buried 5=buried/filler. Most prominent: any news piece from page one, with any part in the upper half of the page. Any editorial that is the first piece in the upper left, typically under the masthead. News briefs are inherently considered as not most prominent. Prominent: any news piece on pages 2 through five, or that begins in the upper half pages 6 through 12. This includes news article with multicolumn width that have larger headline text that makes it stand out on a page, and those found in the top half of news pages placed before the editorial section, for larger editions (excluding Sunday edition). For an editorial, the second to fourth editorial on the left side of the editorial page. Average: any news piece where any part is within the upper half of the middle pages, or on the latter pages that has multi-column width. All news briefs and all editorials that are not considered prominent. Semi-buried: any news piece with any part within the last page of the newspaper, or beginning in the upper half of the next to last two pages. Generally speaking, articles that have less space devoted to them. By definition, buried and semi- buried are those articles with the least editorial priority that serve primarily as filler copy, on pages heavily laden with advertising copy or notices. Buried: any news piece that begins in the lower half of any of the middle to latter pages. Generally speaking, articles that have narrow width (only single column devoted to it). Newspaper # 0 Four-Digit Assigned Article Number: _ Full Research Item Number: _ (this is the complete article number, from instructions on reverse) (to be transferred by primary coder) Instruction to blind reviewer: do not turn this sheet over. Legend: Tracking Number Assignment Sheet Article Date. 6

222 Appendix 2D. Coding Schedule Part I Article Identification (double-sided original) 207 Date-Month-Year: Date Coding: Instructions in Appendix 2A; write in Incident letter and day number to the right. Incident A - November (A1) 11-5(A2) 11-6(A3) 11-7(A4) 11-8(A5) 11-9(A6) 11-10(A7) 11-11(A8) 11-12(A9) Incident B - August 30 - September (B1) 8-31(B2) 9-1(B3) 9-2(B4) 9-3(B5) 9-4(B6) 9-5(B7) 9-6(B8) 9-7(B9) Incident C - January (C1) 1-8(C2) 1-9(C3) 1-10(C4) 1-11(C5) 1-12(C6) 1-13(C7) 1-14(C8) 1-15(C9) Incident D - March (D1) 3-10(D2) 3-11(D3) 3-12(D4) 3-13(D5) 3-14D6) 3-15D7) 3-16(D8) 3-17(D9) Southern Newspapers Designated Newspaper Code number between 11 and 80 Clarion-Ledger (12) Chattanooga Daily Times (26) Macon Telegraph (40) Meridian Star (54) Savannah Morn.News (14) News-Sentinel (28) Columbus Ledger (42) Biloxi Daily Herald (56) Anniston Star (16) Asheville Citizen (30) Columbus Enquirer (44) Hattiesburg American (58) Southwest American (18) The Columbia State (32) Mobile Register (46) Delta Democrat-Times (60) Jackson Sun (20) News And Courier (34) Huntsville Times (48) Press-Chronicle (22) Greenville News (36) Gadsen Times (50) Herald-Courier (24) Anderson Independent (38) Dothan Eagle (52) Augusta Chronicle (66)(p) Northern Newspapers The Evening Press (11) Bridgeport Telegram (27) The Daily Home News (43) Intelligencer-Journal (59) Schenectady Gazette (13) New Haven Register (29) Trenton Evening Times (45) Scranton Tribune (61) Niagara Falls Gazette (15) Waterbury Republican (31) The Bergen Record (47) Scranton Times (63) Utica Observer (17) Worcester Telegram (33) Courier-Post (49) Morning Call-Chronicle (65) The Times-Union (19) The Standard-Times (35) Asbury Park Even. Press (51) Wilmington Morn. News (67) The Post-Standard (21) The Lowell Sun (37) Reading Times-Eagle (53) Meriden Record (69) New Britain Herald (23) The Union-Leader (39) Erie Daily Times (55) Bridgeport Post (25) The Patriot-Ledger (41) The Patriot (57) National Newspapers Atlanta Constitution (70) Washington Post (72) Montgomery Advertiser (74) Hartford Courant (76) New York Times (71) Chicago Tribune (73) Philadelphia Inquirer (75) A. Type of Article/Item: _ (circle or write in number) 1. Main News (top) Story 5. Spotlight Editorial 2. Other News Story 6. Other Editorial 3. News Brief. 7. Letter 4. Feature Article* 8. Other/Advertisement *Defined as not time-dependent, often related to page fully devoted to one topic or common issue/theme. Article # = _ Article Date # Newspaper # Assigned Four-Digit Number Article Type

223 Appendix 2E. Coding Schedule Part II Article Analysis (double-sided original) 208 Content Analysis Coding Schedule ( Part II) : Article Analysis Regional Analysis of Midsize Daily Newspapers (to be completed by multiple coders; this includes the initial reviewer as the primary coder, along with one blind review coder. Intercoder Reliability to be determined in instances where variance exists.) A. Type of Article/Item: _ (circle or write in number) 1. Main News (top) Story 5. Spotlight Editorial 2. Other News Story 6. Other Editorial 3. News Brief. 7. Letter 4. Feature Article* 8. Other/Advertisement *Defined as not time-dependent, often related to page fully devoted to one topic or common issue/theme. B. Article Subject Focus Choose one main focus; indicate others as applicable Regional/Political Focus 0 1. The city, state, or region is the main focus (includes local courts/people). 2. The city, state, or region is a secondary focus 3. The city, state, or region is mentioned only in passing 4. The city, state, or region is used in a metaphoric sense, as a signifier or analogy of traditions without specifically acknowledging them. Civil Rights Focus 0 1. Civil Rights is the main focus 2. Civil Rights is a secondary focus 3. Civil Rights is mentioned only in passing 4. Civil Rights is used in a metaphoric sense, as a signifier or analogy for a catch-all description. Supreme Court Focus 0 1. The Supreme Court is the main focus 2. The Supreme Court is a secondary focus 3. The Supreme Court is mentioned only in passing 4. The Supreme Court is used in a metaphoric sense, as a signifier or analogy or a catch-all description referring to an agency of the Federal justice system. Sullivan Case Focus 0 1. The Sullivan case itself is the main focus. 2. The Sullivan case is a secondary focus 3. The Sullivan case is mentioned only in passing 4. The Sullivan case is used in a metaphoric sense, as a signifier or analogy or through reference to libel cases and/or Supreme Court decisions. News Industry Focus 0 1. The News Industry is the main focus 2. The News Industry is a secondary focus 3. The News Industry is mentioned only in passing 4. The News Industry is used in a metaphoric sense, as a signifier or analogy or with the use of a catch-all description for any or all information media.

224 Appendix 2E. Coding Schedule Part II Article Analysis (double-sided original) 209 C. Article Participants Identified: Fill in number or circle, as applicable. Alabama Judge as an Actor 0 1. Justice/judge quoted directly; includes from case opinion 2. Justice/judge quoted/mentioned indirectly. 3. Referred to but not quoted either directly or indirectly. New Yorker as an Actor 0 4. Attorney/Politician/Other quoted directly. 5. Attorney/Politician/Other quoted/mentioned indirectly. 6. Referred to but not quoted either directly or indirectly. Supreme Court as an Actor 0 7. US Sup. Ct. Justice/judge quoted directly; includes from case opinion 8. US Sup. Ct. Justice/judge quoted/mentioned indirectly. 9. Referred to but not quoted either directly or indirectly. DC er as an Actor 10. Wash DC Attorney/Politician/Other quoted directly. 11. Wash DC Attorney/Politician/Other quoted indirectly. 12. Referred to but not quoted either directly or indirectly. Other State(s) as an Actor 13. Refers to or mentions another Northern State; includes from case opinion. 14. Refers to or mentions another Southern State; includes from case opinion. 15. Referred to other States in a generalized way, but not specifically named. D. Article Significance. Did this article meet at least three of the five designated criteria necessary for consideration as an article covering a significant media event of political controversy? Circle all that apply; once determining whether these criteria have been satisfied, continue on to the next section: #1 commanded attention (i.e. by asking, Was the general content presented as an important regional issue to attract their readership? ) #2 emphasized consensus ( Did the item emphasize political unity for either nation or state? Was the content handled in a manner that addressed what is socially best for all readers? ) #3 evoked support (determined by reference to specific evaluative statements identified as those advocating action, based upon expert testimony or editorial opinion) #4 legitimated authority ( Did the item present information in a manner so as to generally support either state or national jurisdiction? ) #5 enhanced the image of the party(region) and/or nation ( Did the item convey an overall impression favorable to either the North or South, or to the states versus the nation? ) E. General Impression of Article:

225 Appendix 2E. Coding Schedule Part II Article Analysis (double-sided original) 210 (Circle any that apply) Regional or Editorial Bias 1. Evidence of Location of Origin (of article). 2. Bias in language/content/framing favoring North 3. Bias in language/content/framing favoring South 4. Bias in language/content/framing favoring local people (rights). Geographic Bias 5. Bias in language/content/framing favoring State 6. Bias in language/content/framing favoring City/Community 7. Bias in language/content/framing favoring United States/Federal Government Institutional Bias 8. Bias in language/content/framing favoring U.S. Constitution 9. Bias in language/content/framing favoring Supreme Court. 10. Bias in language/content/framing favoring politician/public official(s). specify locality: 11. Bias in language/content/framing favoring or defending own newspaper(s). 12. Bias in language/content/framing favoring other newspaper(s). specify locality: _ G. Blatant Bias. Did you detect a blatant bias in this article, whether in the way its way framed or worded? Yes OR No If Yes, specify how so: If you noted framing, does this involve the article s placement in a page, with respect to adjoining stories? The answer to this response should reflect that there was (or was not) any indication that this page or section was editorially targeting readers of particular regional values, needs or ethnic origins. Yes OR No

226 Appendix 2F. Coding Schedule Part III Publication Assessment 211 Content Analysis Coding Schedule ( Part III) : Publication Assessment Specific Language Usage/Editorial Style of Newspaper Regional Analysis of Midsize Daily Newspapers If you detected any political bias, professional bias, or philosophical bias, indicate by checking in appropriate box(s): Democratic-Republican Liberal Conservative Unionist/Yankee Confederate/Rebel Pro Press/Media Pro Government (Federalist) Pro People (Individualistic) Traditionalist Moralist. F. Specific Language/Content Usage Check any/all of the below that you found in this article: The usage of we in editorial voice The usage of Mister as a common show of courtesy. When referring to geographic regions: The usage of Dixie as opposed to Southern, in reference to the South (or something from it). The usage of Yankee as opposed to Northern, when referring to the North. The usage of any other term/phrase that the coder feels is a regionally-grounded colloqualism If so, please specify:. When referring to inhabitants: The usage of New Yorker as opposed to Northerner. The usage of Alabaman/Mississippian as opposed to Southerner. The usage of any colloquial identifier that links similar to the above two, that links a person to a particular region/state/city.

227 212 Appendix 2G. Coding Procedures: Part I Article Identification Procedures for primary coder when completing Coding Schedule Part I. Step One- Completion of Article Date section on tracking number assignment sheet; a six digit numerical date: day (01-31) - month (01/03/08/09/11) - year (60/62/63/64) example: would be the code for an article published on November 5, Step Two- Use the newspaper name list(s) (See Appendices 1A, 1B, and 1C) to determine the designated newspaper code for each article of each publication. Step Three- Determine what type of article is being itemized, using the classifications from the list on the lower portion of the tracking number assignment sheet. Step Four- Assign a unique four-digit article number for each catalogued article, a progressive count beginning with 0001 and ending with Write the complete Article Identification Number (see Appendix 2I) in the lower portion of the tracking number assignment sheet. Step Five- Make labels indicating this article number, for attachment to each coding sheet in Part II and Part III, as well as for the article itself. This tracking number will be used to match coding sheets, as well as for filing purposes. Step Six- Begin by filling in a Part I coding sheet for each catalogued article. Follow the coding instructions listed on the Part I Coding Sheet. Refer to Appendix 2I for further article cataloguing instructions. When organizing articles in preparation for Part II and Part III coding: Newspaper Code: Each midsize newspaper was assigned a number between 11 and 69. These will include at least 25 regional dailies for each the North and the South. For the sake of organization, even numbers will be assigned to northern midsize newspapers, odd numbers to southern midsize newspapers. The remaining numbers, 70 to 80, will be assigned to the national dailies in the secondary sample and any partial samples collected from newspapers that do not meet the circulation range criteria for a midsize newspaper. This includes incomplete batches, those for which microfiche reels all four incidents could not be attained, which will used for the pilot run and will not count towards any statistical analyses.

228 213 Appendix 2H. Coding Procedures: Dual Coding Sample Defined Procedures for primary and secondary coderwhen completing Coding Schedule Part II. Phase Two A sorting procedure will be instigated, once all articles have been collated by date by the primary coder, in order to define a purposive sample for dual coding. Articles that will be tagged for dual coding include those that meet at least one of the following three criteria: Dual-Sample Determining Criteria # 1 Any article catalogued as a top news story or other news story (those catalogued as article type 1 & 2.) that was published on the day of or day after news concerning any of the four incidents was released. This would include those pieces coded with an Al, A2, B1, B2, C1, C2, D1 or D2 prefix for the article date. that also qualifies as... An article that the primary coder determines to have an article subject focus of particular relevance to the current study. This would include those articles identified as having a main focus (coded as 1) or secondary focus (coded as 2) that deals with: A) The Times v. Sullivan case; B) Freedom of the press [issues]; C) Press responsibilities, rights or privileges; D) Newspapers as a public information service provider. Dual-Sample Determining Criteria #2 Any article that the primary coder has designated as a feature story, spotlight editorial, or other editorial through Part I cataloguing. This would include all articles with article number designation that ends with - 4, - 5, or -6 suffix. Dual-Sample Determining Criteria #3 Any article not qualified through either of the above standards, that has been determined to have with a relevance value 1, 2, 3, or 4 with respect to the Sullivan case, an assessment by either coder Such a determination would transpire during an initial screening session of the Part II sample performed before any Part II coding begins. Each coder participated by taking a cursory look at each catalogued article, and then formulating an opinion for a tentative article-subject focus assessment number (Part II, section B from the Coding Schedule; see Appendix 2E), that might apply to that article.

229 214 Appendix 2I. Coding Instructions: Article Number Assignment Cataloguing instructions provided to assist in the completion of the Content Analysis Coding Schedule Part I and Content Analysis Coding Schedule Part II, Section A. The coding procedure begins with a single-coder assessment of the physical attributes of the articles. This includes labeling each article with an assigned number. This assigned number consists of the following: Date of media event Newspaper Code Assigned Four-Digit Article Number Suffix Denoting Article Type XX XX XXXX X Sample article number, as it will appear on labels attached to articles: A First set of numbers: Date of Media Event (A1 in example above) The first letter denotes the Incident, with the number indicating the exact publication date within the one-week period following each incident. This window of sampling has been expanded one day in either direction, to include nine days and eliminate any anomalies, such as an early release based on inside information in local areas (Alabama, New York, and Washington D.C.). Consult the legend in the Tracking Number Assignment Sheet for article date codes. For example, A1 = 11-4, denoting an article published on November 4, Second set of numbers: Newspaper Code This is the two-digit newspaper code assigned to a given publication. This information is coordinated through the primary coder, kept secret from the secondary coder in Part II and Part III. The legend for this newspaper code can be found by consulting the Tracking Number Assignment Sheet. Third set of numbers: Assigned Article Number This is a four-digit number assigned to each article by the primary coder during Part I coding for tracking purposes. Every article is assigned a unique number, accordingly. Suffix Number (4th): Article Type This is a single-digit number assigned to each article by the primary coder during Part I coding that will be verified in its accuracy by the secondary (blind) coder in Part II. Every article is assessed in its purpose/intent, using the article type categories outlined in Coding Schedule Part I and repeated for the secondary coder in Coding Schedule Part II. # # # # # # # # # # # # In the event that the blind coder runs across any secondary articles contained on microfiche copies that the primary coder did not identify for inclusion in the content analysis, this person should complete a Part I Coding Sheet and inform the primary coder accordingly. This blind coder should simply assign a four-digit article number (third set of numbers above) to the non-included story, beginning from 9999 and counting backwards, relying on this for identification purposes, until the primary completes the identification process as outlined above.

230 215 Appendix 2J. Coding Instructions: Coding Schedule Part I Instructions for primary coder only Instructions for Coding Article Placement: Coding placement will be assessed to the following categories: 1=most prominent 2=prominent 3=average 4=semi-buried 5=buried/filler. Most prominent: any news piece from page one, with any part above the fold; or any editorial that is the first piece in the upper left, typically under the masthead. Note that news briefs are inherently considered as not most prominent. Prominent: any news piece that begins below the fold, or the upper or lower half of pages two or three, or above the fold only of five (the fourth page scanned by the eye), or any news article in the first six pages that has multi-column width; for an editorial, the second or third piece on the far left of the editorial page. Average: any news piece where any part is above the fold of the middle pages, that has multi-column width. All news briefs and all editorials that are not considered prominent. Semi-buried: any news piece with any part within the last page of the newspaper, or beginning above the fold of the next to last two pages; generally speaking, these are articles that have narrow block space, only a single column devoted to it. Buried: any news piece that begins below the fold of any of the middle pages. Generally speaking, these are articles are limited to those that have single column width. Instructions for Coding Article Size (Length): This reflects the size of (space devoted to) the article and includes any accompanying or related graphic images. This article length number will be quantified as follows: 1=less than three column inches; 2= three to six column inches; 3= seven to thirteen column inches; 4=fourteen to twenty-two column inches; 5=more than one full column in length, less than one-quarter of entire page; 6=between one-quarter and one-half page devoted to article; 7=over one-half page devoted to article. Instructions for identifying Article Type (Part I): See Appendix 2A Coding Definitions for determining criteria. Instructions upon completion of the Part I Coding Sheet: Staple or attach to the back of each copied article, with the first page of the Part I coding sheet face up. Attach a tracking label (research article number) to each coded article, on the article copy itself. Begin sorting by Article Date, accumulating folders in preparation for Part II.

231 216 Appendix 2K. Coding Instructions: Coding Schedule Part II Instructions to coders analyzing articles, when completing Content Analysis Coding Schedule (Part II): Section A. Article Type Identified. Each article should be identified first (by the primary coder) and then verified (by the secondary coder) for article type. Section B. Article Focus Identified. Each news article or editorial coded may have only one main focus, to be determined in the Article Subject Focus section. This focus topic will be either a Civil Rights issue, the News Industry (includes the newspaper itself), the Supreme Court (does not include local courts in the justice system), the Sullivan case, or a general Regional/Political focus that embraces either the city, state, or region (including local courts) as the primary concern. An article can have multiple secondary foci, however, with the decision whether to assign either secondary focus or casual mention (option 3 selected from the Article Subject Focus choices) up to the discretion of the coder. Note: Refer to Appendix 2B for specific coding definitions for these subjects, along with examples of what might categorically be assigned each respective article subject designation. Section C. Article Participants Identified. Follow instructions, circling each number that applies, or writing that number in the box provided; whichever you prefer. It should be noted that some articles may not have participants that are readily available from these choices. Section D. Article Significance.* The import or significance of the article, a judgment of its newsworthiness, will then be determined using the five criteria. Circle all that apply. Section E. General Impression of the Article. Circle the number for any of the biases or impressions on the coding sheet list that you feel are apparent. *This qualification criteria was incorporated as a safeguard to limit the sample, but was determined to be of little use once the criteria in Appendix 2H were established. It was accordingly abandoned midway through the sample determination process. (cont.)

232 217 Section F. Publication Assessment. The procedure for this portion (Part III) of the coding process can only be initiated after all Part II Coding Sheets have been completed and all articles have been re-collated by publication (to be done by the primary coder). Section G. Blatant Bias. Does the article defend, favor or support any one person, agency, institution, region or other entity in a blatant manner? If so, please specify. Note here that the second question can be given a response of yes, regardless of whether or not any of the other criteria in either Section E or Section G were either circled or checked respectively. The reason for this is that these previous questions address the content of the article and its headline, while this last question addresses article placement, with respective to other articles (and editorial design decision, not a content one). For quantitative assessment of article content usage among wire service articles, the coding key sheets found in Appendices 2N, 2O, and 2Q and an article categorization chart (Appendix 2P) were created as an alternative method of analyzing the editorial differences that existed in the sample newspapers. Attach completed coding sheet Part II with paper clip to the back of the copied article, coding sheet face up, and return to the folder where you retrieved it. Instructions to primary coder, re-organizing of article in preparation for completion of Content Analysis Coding Schedule (Part III): Once both coders have completed and attached Part II coding sheets, the primary coder may remove the article from the Article Date folder and re-file it into folder organized by publication, using the Newspaper Code (second set of numbers in the article number) as your guide. Once it is determined that all of the articles copied from any given Newspaper have been processed through Part II of the coding procedure, the primary coder will attach two copies of the Coding Sheet Part III form, with paper clip or other non-intrusive device, to the front of a folder filled with articles from a specific newspaper.

233 218 Appendix 2L. Coding Instructions: Coding Schedule Part III CODING PROCEDURE: PHASE THREE QUALITATIVE ANALYSIS A qualitative textual analysis was performed on all newspapers chosen for this study, using the following content variables that were incorporated into coding sheets. Relevant factors were first identified, then defined to assist coders in differentiating them accordingly. Coding Definitions for Major Qualitative Criteria Regional biases: Defined cultural differentiations that coders were instructed to look for, but not limited to in their identification of biases. Those included were: North-South; Alabama-New York; Alabama-North; Alabama-Washington; New York-South. Political biases: Democratic-Republican; Liberal-Conservative; Union/Yankee-Confederate; Pro Press/Media-Pro Government (Federalist)-Pro People (Individualistic); Traditionalist-Moralist. Actual message content: biased-unbiased, regionalized-not regionalized; sub-header content; these were separately applied to content in headlines, subheads and body text. Instructions for both primary and secondary coders: The primary and blind coder should read the parameters of the Part III coding sheet listed above, to familiarize themselves with what to look for, then briefly scan all of the articles to determine any occurrences; multiple occurrences are not significant for the purpose of this phase. Each coder should complete the Part III Coding Sheet, then reattach it so that it is inside the folder. Procedure to follow upon completion of all three coding schedules: Review and tabulation of the statistical data will ensue, after the coders have collaborated on any instances where differing opinions concerning biases exist. Such inconsistencies will be determined by the primary coder, who will be responsible for creating an SPSS data file and indexing results using this computer software program.

234 219 Appendix 2M. Coding Schedule Part IV. News Service Articles Included here are definitions for coding criteria and instructions when completing Coding Schedule Part IV in Appendices 2N through 2Q. The Coding Key and Assessment Sheets in these appendices were adapted from the longest version of any wire service article used more than five times, once an article had been identified by coders who were in agreement that it was the most complete version available. Example: Appendix 2O, Article 1 coverage of the Original Sullivan Trial. #1 Standard AP Article Key & Coding Assessment was adopted from AP article(s) discovered to contain the most complete AP account of the original trial incident, published in the Schenectady Gazette and the Chattanooga Times. Note that article written by and directly attributed to AP staff writer Rex Thomas was separately assessed for usage; these sheets assigned the prefix 2. Any other wire service article discovered in multiple usage(s) exceeding five, including any UPI and/or original staff articles published on November 4, 1960; on January 8, 1963 (Baulch); or on March 10, 1964, were assigned a different progressive prefix number accordingly. Instructions to coders completing Appendix 2O coding sheets/using that coding key: For importance to story, give likert-scaled response: 5 = very much so/essential to reader 4 = relevant to full reader understanding 3 = some importance, but not essential 2 = importance only to dedicated reader or specifics not appreciated by average person 1 = random details/peripheral fluff content or that which might be relevant only to most dedicated followers, those already acquainted with case. Definition of article(s) of significant to this study: Any article that covers any aspect of any of the four incidents defined for news coverage purposes as related to the New York Times v. Sullivan trial or that covers any of the main players from the initial trial (Incident A) proceedings in any judiciary capacity or participatory role or that involves news or editorial commentary related to freedom of the press or any editorial aspect of press freedom, press libel, or free speech in the political context (only when reporting on public officials) defines an article of significance to this study that should be categorize-able using Appendix 2P.

235 220 Appendix 2N. Coding Sheet for News Service Articles & Original Editorials This appendix was used with articles identified as having the Sullivan case as a primary or secondary subject focus, or any identified editorialization that addressed press freedom(s). Part One is for use with all articles keyed in Appendices M, O, and P. For any Sullivan News articles, this form was used to assess any perceived framing effect that headline/subhead choice(s) brought about. For Sullivan and Press Freedom editorials, those identified as written by original source, Part One was applied to determine the combined effect of the entire article from a visual interpretive standpoint, including headline(s), subhead(s), and graphic placement(s). Part One: Headline/Subhead Assessment. (circle appropriate numbers) multi-column layout for headline: Yes or No Headline text visual prominence on page, based on text size and style: Most prominent (stands out) Average (blends in) Selective favoritism in headline/subhead/continued-header wording choice. Respond only to those that apply, by rating, with 5 = very much so, 3 = some favoritism, and 1 = not at all response. A non-response will be considered a does not apply & will be automatically coded as 1 = not at all Favors or Pro-Sullivan/Public Official(s): Favors or Pro-Alabama State/Court/Judge: Favors Alabama Ministers: Favors Whites over Negroes: Favors NY Times/Newspaper Position: Favors South over North: Favors First Amendment people s rights: Favors Freedom of Press/Newspaper rights: Favors power/authority of U.S. Supreme Court: Favors power/authority of state courts: Other Favoritism: Specify other:

236 221 Appendix 2O. Coding Key Sheets for Sullivan News Articles 1. Standard AP News article, released November 4, 1960 Paragraph # Body Text Content Importance to story 1 A jury in state court late today awarded Police Commissioner L. B. Sullivan a libel judgment of $500,000 against The New York Times and four Alabama Negro ministers It was reported to be the largest verdict ever awarded by a jury in Alabama. 3 Sullivan s only comment was: Naturally, I am very pleased. The case was tried by 12 outstanding jurors. 4 Again disclaiming any responsibility for their names appearing in the ad on which the suit was based, the four ministers in a joint statement said: This evidently is one of the many trials and tribulations we must endure as we continue to struggle for freedom and human dignity for all Americans without regard to race or color. 5 The jurors deliberated two hours and 10 minutes before Foreman Wheeler McDade announced the verdict A The jurors deliberated 2 hours and 20 minutes Foreman Wheeler McDade announced the verdict McDade is a civilian employee at Maxwell air force base A In New York City, Times officials had no comment on the judgment In awarding the police commissioner half a million dollars, the jurors gave him the entire amount he asked for in his suit, the first to be tried out of the several pending against The New York Times

237 Standard AP News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 8A Sullivan had asked $500,000 in his suit, the first to be tried out of the several pending against The New York Times Attorneys for The Times said the verdict will be appealed to the Alabama supreme court. 10 The judgment was directed against the newspaper and the four Negro ministers collectively. What portion each defendant would have to pay if the verdict is upheld on appeal would be determined later. 11 The libel suit was filed by Sullivan as a result of an advertisement which appeared in The Times last March 29 soliciting funds for the legal defense of Rev. Martin Luther King Jr. 12 The Negro integration leader at that time was facing charges of falsifying his Alabama state income tax returns but was later acquitted A King at that time was facing charges of falsifying his Alabama state income tax returns but was later acquitted In his suit, the police commissioner contended that the advertisement, which dealt with the handling of Negro college student demonstrations here last spring, subjected him to ridicule and shame A In his suit, Sullivan contended that the advertisement, which dealt with the handling of Negro college student demonstrations here last spring, subjected him to ridicule and shame The Negro defendants are Rev. Ralph D. Abernathy and Rev. Solomon S. Seay Jr. of Montgomery, Rev. F. L. Shuttlesworth of Birmingham, and Rev. J. E. Lowery of Mobile

238 Standard AP News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 14A The members are Rev. Ralph D. Abernathy and Rev. Solomon S. Seay Jr. of Montgomery, Rev. F. L. Shuttlesworth of Birmingham, and Rev. J. E. Lowery of Mobile After a three day trial in state court, the case was handed to the delivery of Circuit Judge Walter B. Jones charge. 16 In his charge to the jury, Jones pointed out that one of the defendants, The Times, is a corporation and the other four are Negroes. And he instructed the jury to guard against letting those facts make any difference in their judgment. 15/16A Circuit Judge Walter B. Jones In his charge to the jury, pointed out that one of the defendants, The Times, is a corporation and the other four are Negroes. And he instructed the jury to guard against letting those facts make any difference in their judgment. 17 They all stand before you on equal footing, the court declared. They are all equal before the bar of justice. 18 Attorneys for Sullivan, for The New York Times, and for the four Alabama Negro ministers brought into court as co-defendants summed up the case earlier in the day with sharply conflicting arguments. 19 The police commissioner s lawyers, Roland Nachman and Robert E. Steiner III of Montgomery, appealed to the jurors to make the newspaper pay for what they called a malicious advertisement which ran in The Times

239 Standard AP News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 20 Said Steiner in his final argument: Newspapers are very fine things, but newspapers have got to tell the truth. One way to get their attention and the attention of everybody else who publishes in newspapers is to hit them in the pocketbook Nachman expressed it this way: We don t ask you to punish The New York Times out of hate but that is the only way they can be told effectively that when they write about the citizens of this community, they have to tell the truth. 22 Nachman s reference to hate came in response to an argument earlier by Birmingham Attorney T. E. Embry, one of The Times lawyers. 23 Embry had accused Steiner of basing his argument on sectional hatred. He said the young Montgomery attorney has appealed to every base motive of man by making snide references to the people living in other parts of this country. 24 Sullivan s attorneys told the jury the evidence in the three-day trial showed conclusively that: The advertisement that prompted the libel suit was false and libelous It reflected on the police commissioner s conduct of office The Times failed to take the proper precautions to check the accuracy of the statements in the full-page ad before it appeared in the newspaper last March

240 Standard AP News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 28 The advertisement solicited funds for the defense of Rev. Martin Luther King Jr. while the Negro integration leader faced charges of lying about his Alabama state income tax returns. He was later acquitted Embry, speaking for the newspaper, argued that: The statements in the ad were substantially correct except for one which said that the dining hall at the Alabama State College for Negroes in Montgomery was padlocked as a result of student demonstrations that spring Nothing in the ad could be construed as a reference to Sullivan Employees of The Times took all precautions that a normal human being would take to screen the ad in compliance with a company policy. 33 Times employees had testified that they found no reason to question the advertisement. 34 Although Sullivan conceded, in his testimony yesterday that his reputation has not suffered as far as he can tell, his attorneys argued that under Alabama law, the commissioner doesn t have to show damages A Although Sullivan conceded, in his testimony Wednesday that his reputation has not suffered as far as he can tell, his attorneys argued that under Alabama law, the commissioner doesn t have to show damages The law presumes damages from false statements, said Steiner

241 Key & Coding Sheet for Sullivan News Article: AP-Rex Thomas Paragraph # Body Text Content Importance to story 1 A $500,000 libel suit judgment against The New York Times and four Negro ministers an outgrowth of Alabama s racial troubles was headed today for an appeal to the higher courts Twelve white jurors in State Court Thursday awarded the record judgment to Montgomery Police Commissioner L. B. Sullivan, who said he was libeled by an advertisement which appeared in the Times. 3 The jury deliberated two hours and 10 minutes before returning the largest damage suit award ever handed down by an Alabama court. 4 Attorneys who represented the newspaper in the three-day trial said they will appeal to the Alabama Supreme Court The Times withheld comment on the verdict The Negro defendants whose names appeared in the ad the Rev. Ralph D. Abernathy and Rev. Solomon S. Seay Jr. of Montgomery, the Rev. F. L. Shuttlesworth of Birmingham and the Rev. J. E. Lowery of Mobile called it part of the price of their struggle for freedom and dignity. 7 The suit by Sullivan was the first to be tried of the four complaints filed by members of the City Commission and Gov. John Patterson because of the full-page advertisement which appeared in the Times March Soliciting funds for the Rev. Martin Luther King Jr. before the Negro integration leader was acquitted on charges of lying about his state income taxes, the ad dealt in part with the handling of the Negro college student demonstrations here last March

242 AP-Rex Thomas News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 9 Sullivan and the other public officials denounced the advertisement as false and malicious, and said it held them up to ridicule and shame No date has been set for trial of the other suits Even though the case was tried in state court against a newspaper whose home office is in New York, Sullivan s attorneys said that they anticipated no difficulties in collecting if the judgment is upheld on appeal. 12 Ronald Nachman of Montgomery, one of the four lawyers representing the police commissioner, said that the federal constitution makes a jury award in one state collectable in another. 13 But what part of the $500,000 the Times and the Negro defendants individually must pay if the verdict stands up was undetermined A Nachman and his associates said that will be decided later Sullivan conceded on the witness stand Thursday that, as far as he can tell, the advertisement did no damage to his reputation. But, because the newspaper failed to publish a retraction at the commissioner s request, Alabama law allowed the jury to award punitive damages. 15 And said the city officials attorneys, the law also presumes damages from false statements. 16 Times attorneys contended throughout the trial that nothing in the advertisement could by the wildest stretch of inference be construed as a reflection on Sullivan

243 AP-Rex Thomas News article, released November 4, 1960 (cont.) Paragraph # Body Text Content Importance to story 17 The newspaper s lawyers and the secretary of the Times Co., Harding Bancroft said the Times made no retraction to Sullivan because it felt the advertisement could not possibly have been connected with him Later, they said the newspaper retracted the same statement for Gov. Patterson because, as they explained it, the Times wanted to avoid any possible reflection on the State of Alabama and they considered the governor the embodiment of the state. 19 The jury returned the judgment against the four Negro ministers as well as the Times despite their insistence that their names were used in the advertisement without their consent. 20 Besides the four suits filed here, the Times also faces seven complaints of libel in Birmingham because of a series of stories [by] Salisbury, who wrote the series, on racial conditions in and around that city. 21 And Times reporter Harrison was indicted by a Grand Jury at Bessemer, near Birmingham, on

244 Key & Coding Sheet for News Article: AP-Jerry Baulch Paragraph # Body Text Content Importance to story 1 The Supreme Court agreed Monday (1-7; C1) to hear appeals by the New York Times and the four Negro ministers from a $500,000-libel judgment based on an advertisement published during the racial strife in Alabama Police Commissioner L. B. Sullivan of Montgomery won the award in Alabama courts under a claim that he was libeled by an ad in the Times on March 29, The ad criticized the handling by local and state officials of racial demonstrations. 3 In another action more directly related to segregation, the court refused to review a decision upholding the U.S. attorney general s right to inspect and copy voting records under the 1960 Civil Rights Act. The order gave no reason for letting the lower court ruling stand. 4 The appeal was by Atty. Gen. Joe T. Patterson of Mississippi and involved Forrest county, Miss. Two months ago, the court refused to review a U.S. Circuit Court order requiring the county to register Negro applicants without discrimination. 5 The Circuit Court of Montgomery handed down the $500,000 judgment against the Times and the four ministers the Revs. Ralph Abernathy, Fred L. Shuttlesworth, S. S. Seay Jr. and J. E. Lowery. 6 The ad which Sullivan said libeled him was placed by the Committee to Defend Martin Luther King and the Struggle for Freedom in the South. King, Negro integration leader, later was acquitted of a perjury charge. 7 The Times said that the publication did not name Sullivan or his commission and plainly was not an attack on him or any other individual

245 AP-Jerry Baulch News article, released January 8, 1963 (cont.) Paragraph # Body Text Content Importance to story 8 The Alabama Supreme Court in upholding the judgment, the Times contended, gives a scope and application to the law of libel so restrictive of the right to protest and criticize official conduct that it abridges freedom of the press It transforms the action for a defaming from a method of protecting private reputation to a device for insulating government against attack, the Times said. 11 If the judgment stands, its impact will be grave not only upon the press but also those whose welfare may depend on the ability and willingness of publications to give voice to grievances against the agencies of governmental power. 12 Sullivan s lawyers said the ad was a willful, deliberate, and reckless attempt to portray the rampant, vicious, terroristic and criminal police action in Montgomery, Ala. 13 The four ministers said they had not consented to have their names included as backers of the ad. Also, they said, they did not receive a fair trial because the case was heard before an allwhite jury resulting from the intentional and systematic exclusion of Negro citizens with a judge chosen by an electorate from which Negroes were excluded. 14 Sullivan s lawyers said the ministers responsibility for the ad was shown in their failure to respond to a demand for retraction of the charges and thus they ratify by silence

246 231 Part Two: AP Article Utilization: Incident A, November 4, Allotment/Placement Assessment: Standard AP News Release. Identification of Editorial Inclusion & Handling of text from AP News Release. Instructions to coders: Use Appendix 2M Coding Sheet as a matching key to sample article text, circling paragraph numbers to identify included copy. Fill in only one of the five keys below, depending on beginning placement. 1. Paragraphs from article(s) beginning on Page One, above, fold: A 6 7A 8 8A A 13 13A 14 14A /16A A Paragraphs from article(s) beginning on Page One, below fold: A 6 7A 8 8A A 13 13A 14 14A /16A A Paragraphs from article(s) that begins on Pages Two or Three, above fold: A 6 7A 8 8A A 13 13A 14 14A /16A A

247 Paragraphs from article(s) that begins on other pages, above fold: A 6 7A 8 8A A 13 13A 14 14A /16A A Paragraphs from article(s) that begins on inside pages, below the fold: A 6 7A 8 8A A 13 13A 14 14A /16A A Editorial Continuation: Applies to continued articles only. Is the text continued on other pages? Yes or No If yes, and location is determinable, please specify location: 1 - Pages 2 or Pages 4 thru 12, continued begins above fold. 3 - Pages 4 thru 12, continued begins below fold. 4 - All other pages, continued begins above fold. 5 - All other pages, continued begins below fold. 6. Content of Paragraphs of continued text (using AP key): A 6 7A 8 8A A 13 13A 14 14A /16A A

248 233 Part Three: Editorial Discretion: Text Inclusion/Exclusion This section is used to analyze what rationale might explain the editorial decision to exclude text; it was added after identifying paragraphs 36 & 37 not included in the initial paragraph-utilization assessment. Part Three was used for November, 1960 AP article only. (Choose all that apply by circling number) 1 - Did the newspaper account provide only the essential details? Yes or No This would include paragraphs from the key, assessed as a 4 or 5 for importance, and little/no details from court proceedings in paragraphs 15 through If No to #1, Did they include a complete account of all details? Yes or No This would include a substantial portion, seven or more of the paragraph numbers in the key list, from paragraphs 15 through Did they provide details for one side of the legal argument (from attorney strategy in court), but not the other side? Indicate by circling the paragraphs from the key which you discovered in a given article, from the choices below: S N Did the newspaper include quotes from parties associated with one side, but not the other? Indicate by circling the paragraph numbers of contained content from the key; that which you discovered in a given article, from the choices below: South/Sullivan North/New York Times 3 but not 4, 7A 20, 21 but not but not 36, How did the newspaper refer to Judge Jones, if mentioned? A) Alabama Circuit Court judge B) Circuit (Court) judge C) State Court Judge D) Judge

249 234 Part Two: AP Article Utilization: Incident A, November 4, Allotment/Placement Assessment: AP-Rex Thomas Article. Identification of Editorial Inclusion & Handling of text from AP News Release. Instructions to coders: Use Appendix 2M Coding Sheet as a matching key to sample article text, circling paragraph numbers to identify included copy. Fill in only one of the five keys below, depending on beginning placement. 1. Paragraphs from article(s) beginning on Page One, above, fold: A Paragraphs from article(s) beginning on Page One, below fold: A Paragraphs from article(s) that begins on Pages Two or Three, above fold: A Paragraphs from article(s) that begins on other pages, above fold: A

250 Paragraphs from article(s) that begins on inside pages, below the fold: A Editorial Continuation: Applies to continued articles only. Is the text continued on other pages? Yes or No If yes, and location is determinable, please specify location: 1 - Pages 2 or Pages 4 thru 12, continued begins above fold. 3 - Pages 4 thru 12, continued begins below fold. 4 - All other pages, continued begins above fold. 5 - All other pages, continued begins below fold. 6. Content of Paragraphs of continued text (using AP/Thomas key): A

251 236 Part Two: AP Article Utilization: Incident C, January 8, Allotment/Placement Assessment: AP-Jerry Baulch Article. Fill in only one of the five keys below, depending on beginning placement. 1. Paragraphs from article(s) beginning on Page One, above, fold: Paragraphs from article(s) beginning on Page One, below fold: Paragraphs from article(s) that begins on Pages Two or Three, above fold: Paragraphs from article(s) that begins on other pages, above fold: Paragraphs from article(s) that begins on inside pages, below the fold: Editorial Continuation: Applies to continued articles only. Is the text continued on other pages? Yes or No (If yes, specify which paragraphs by circling) 6. Content of Paragraphs of continued text (using AP/Baluch key):

252 237 Appendix 2P. Article Categories for Sullivan Articles & Editorials The following list was used to distinguish the article types, sorted and indexed by Incident, applied only to those articles identified as significant to the study by both coders. This is the coding assignment of Sullivan-related articles considered for any analyses in this study, defined by categories numbered from 0 through 28, using source type and focus category as parameters. From Incident A: 0. News Articles covering the original trial decision; those coming from news agency source(s), focusing on trial award amount. 1. News Articles covering the original trial decision; those coming from news agency source(s), focusing on consequences or appeal. 2. News Articles covering the original trial decision; those generated internally by publishing newspaper. 3. News Editorial features stories, those articles not placed in an editorial page. 4. Editorials written about the original trial decision or libel; those taken from syndicated news source(s). 5. Editorials written about the original trial decision or libel; those generated internally by publishing newspaper. 6. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. From Incident B: 7. News Articles covering the Alabama Supreme Court decision as the main focus; those coming from news agency source(s). 8. News Articles covering the Alabama Supreme Court decision as the main focus; those generated internally by publishing newspaper. 9. News Articles covering the New York Times decision to appeal again as the main focus; those coming from news agency source(s). 10. News Articles covering the New York Times decision to appeal again as the main focus; those generated internally by publishing newspaper. 11. News Editorial features stories concern the Sullivan case, those articles not placed in an editorial page. 12. Editorials written about the Alabama Supreme Court or the appeal; those taken from syndicated news source(s). 13. Editorials written about the Alabama Supreme Court or the appeal; those generated internally by publishing newspaper. 14. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom.

253 238 From Incident C: 15. News Articles covering the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those coming from news agency source(s). 16. News Articles covering the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those generated internally by publishing newspaper. 17. News Editorial features stories concerning the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those articles not placed in an editorial page. 18. Editorials concerning the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those taken from syndicated news source(s). 19. Editorials the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those generated internally by publishing newspaper. 20. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. From Incident D: 21. News Articles covering the U.S. Supreme Court decision itself; those coming from news agency source(s). 22. News Articles covering the U.S. Supreme Court decision; those generated internally by publishing newspaper. 23. News Articles covering the restitution to be sought by Sullivan parties; those coming from news agency source(s). 24. News Editorial features stories, those articles not placed in an editorial page; includes only syndicated columns/external source(s), only when placed in news section. 25. News Editorial features stories, those articles not placed in an editorial page; those generated internally by publishing newspaper. 26. Editorials written about the U.S. Supreme Court decision or press freedom; those taken from syndicated news source(s); found in editorial page(s). 27. Editorials written about the original trial decision or press freedom; those generated internally by publishing newspaper; found in editorial page(s). 28. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. Ten of the above categories were found to have no articles within the study, leaving 19 relevant article categories as listed in Appendix 2Q. Article categorization of the context and content as they related to actual usage allowed for stronger arguments to be built when making inferences concerning the editorial handling choices.

254 239 Appendix 2Q. Valid Article Categories for Sullivan News & Editorials a Category Categories numbered from 0 through 28, indexed by Incident, using source No. type and focus category as distinguishing parameters. A REPORTED DURING INCIDENT A TIME SPAN: B C D News Articles covering the original trial decision; those coming from news agency source(s), focusing on trial award amount. News Articles covering the original trial decision; those coming from news agency source(s), focusing on consequences or appeal. News Articles covering the original trial decision; those generated internally by publishing newspaper. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. REPORTED DURING INCIDENT B TIME SPAN: News Articles covering the Alabama Supreme Court decision as the main focus; those coming from news agency source(s). News Articles covering the Alabama Supreme Court decision as the main focus; those generated internally by publishing newspaper. News Articles covering the New York Times decision to appeal again as the main focus; those coming from news agency source(s). Editorials written about the Alabama Supreme Court or the appeal; those generated internally by publishing newspaper. REPORTED DURING INCIDENT C TIME SPAN: News Articles covering the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those coming from news agency source(s). News Articles covering the decision by the U.S. Supreme Court, to accept the Sullivan case for further review; those generated internally by publishing newspaper. Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. REPORTED DURING INCIDENT D TIME SPAN: News Articles covering the U.S. Supreme Court decision itself; those coming from news agency source(s). News Articles covering the U.S. Supreme Court decision; those generated internally by publishing newspaper. News Articles covering the restitution to be sought by Sullivan parties; those coming from news agency source(s). News/Editorial Feature Stories, those articles not placed in an editorial page; includes only syndicated columns/external source(s), only when placed in news section. News/Editorial Feature Stories, those articles not placed in an editorial page; those generated internally by publishing newspaper. Editorials written about the U.S. Supreme Court decision or press freedom; those taken from syndicated news source(s); found in editorial page(s). Editorials written about the original trial decision or press freedom; those generated internally by publishing newspaper; found in editorial page(s). Any Other Article (includes news flashes, news briefs, listing in front-page news index, advertisements, letters to editor) mentioning the Sullivan case or related to press libel and/or press freedom. a. Includes only those article categories with at least one article from this study meeting the defining criteria; see Appendix 2P for a comprehensive category list.

255 240 Appendix 2R. Study Sample Itemized by Article Category Valid Categories Frequency (article count) Percent (per category) Cum. Percent a (by Incident) (A) (B) (C) (D) Total Article Sample a. The bolded numbers indicate cumulative totals within an Incident time span as a percentage of the entire sample quantity reported in Table 4.1. Article Category Legend Category Incident: Subject Focus Article Type Article Source Location 0 A: Original Trial Award News News Agency news pages 1 A: Original Trial Appeal News News Agency news pages 2 A: Original Trial News Internal source news pages 6 A: Other Relevant Article Brief, Ad, Letter External source news section 7 B: Ala. Sup. Ct. Decision News News Agency news pages 8 B: Ala. Sup. Ct. Decision News Internal source news pages 9 B: NYT Appeal Decision News News Agency news pages 13 B: Sullivan/Free Press Editorial Internal source editorial section 15 C: Supreme Court review News News Agency news pages 16 C: Supreme Court review News Internal source news pages 20 C: Other Relevant Article Brief, Ad, Letter External source news section 21 D: U.S. Sup. Ct. Decision News News Agency news pages 22 D: U.S. Sup. Ct. Decision News Internal source news pages 23 D: Restitution sought News News Agency news pages 24 D: Sullivan Feature Story News Editorial External Source news pages 25 D: Sullivan Feature Story News Editorial Internal source news pages 26 D: Sullivan Edit. Column Editorial Syndicated Ext. editorial section 27 D: Sullivan Edit. Column Editorial Internal source editorial section 28 D: Other Relevant Article Brief, Ad, Letter External source news section

256 241 Note: The legend in Appendix 2R offers a detailed summary provides article characteristics, through categorical description of article focus, article type, article source, and editorial handling (through placement). The table itself quantifying article usage by category number (0 to 28), frequency (article count) and percentage (of the total sample) within a given categorization.

257 242 Appendix 2S. Coding Definitions for Sullivan Editorials: Incident D The following criteria were used to codify two articles (March 11 th and March 13 th ) written by James Marlow and released through the AP News Wire Service. Instruction to coders: The first two questions represents one coded variable each; circle the most appropriate response for each question. Choose either section 3 or section 3A, depending on article location, and circle the most appropriate response. 1. Evidence of Special Handling? 1. Yes, article placed in continuing column format located on editorial page. 2. Yes, article placed in news article location formatted as news story. 3. Yes, article placed in news pages with some discretionary editing of text. Note that the March 11 article has 19 paragraphs and the March 13 article has 18 paragraphs; if edited, note number of paragraphs included; March 11 ; March Yes, article placed within editorial page(s) with some discretionary editing of text; if edited, note number of paragraphs included; March 11 ; March No, article appears as column in complete form/un-edited. Found on editorial page. 6. No, article appears as column in complete form/un-edited. Found on news page. 2. Evidence of selective attribution changes, any articles found? 7. Yes, article was not attributed to Marlow, but is identified as AP source. 8. Yes, article not attributed to Marlow, not identified as either AP or AP News Analysis. 9. Yes, article was attributed to Marlow, but not identified as an AP News Analysis. 10. Yes, article was attributed to Marlow and identified as an AP News Analysis, but not used in The World Today format as a syndicated or continuing news feature column. 11. No; article was completely attributed to the author and by his title as an analyst, while used as a syndicated or continuing feature column. 3. Selective News Omission of Marlow Analysis Article(s) and/or content: 12. Newspaper used both Marlow pieces in their entirety, placed in news section. 13. Newspaper used March 11 Marlow piece as a news feature, but not March 13 article. 14. Newspaper used March 13 Marlow piece as a news feature, but not March 11 article. 15. Newspaper used both March 11- and March 13-datelined Marlow pieces as news feature columns. 3A. Selective Editorial Omission of Marlow Analysis Article(s) and/or column: 16. Newspaper used both Marlow pieces in their entirety, placed in editorial section. 17. Newspaper used March 11-datelined Marlow piece as an editorial page feature, but not March 13 article. 18. Newspaper used March 13-datelined Marlow piece as an editorial page feature, but not March 11 article. 19. Newspaper used both the March 11- and March 13-datelined Marlow pieces as editorial page feature columns. 20. Newspaper identified as subscribing to The World Today syndicated column, but electing not to use either the March 11- and March 13-datelined Marlow pieces as editorial page features.

258 243 Appendix 3. Statistical Analysis and Findings TABLE LIST OF SUPPLEMENTAL STATISTICAL TABLES Page 3A Article Focus Crosstabulations: Sample Determination B Testing Procedures for Research Questions and Hypotheses C Cluster Variables Used in Data Analyses D Article Size Crosstabulations in Midsize Newspapers E Incident & Article Type Frequency by Publication Number F Northern Newspapers: Article Frequency by Incident/Type G Southern Newspapers: Article Frequency by Incident/Type H National Newspapers: Article Frequency by Incident/Type I Article Size and Article Placement Mean Response J Article Size Crosstabulation for Midsize Newspapers, by News Origin K Likelihood of Article Coverage by Region of News Origin L Article Source Crosstabulation: Midsize and National Newspapers M Source Origin Comparison: Midsize and National Newspapers N Article Placement: Midsize Newspapers, by News Origin O Regional Difference(s) in Overall Reportage, Midsize Newspapers P Crosstabulation for Article Types in Midsize Newspapers

259 244 Appendix 3A. Article Focus Crosstabulations: Sample Determination JF1 * MF1 Crosstabulation MF1 secondary coder Total Political/Regional Focus F1 main focus secondary focus moderate focus implied focus no focus main focus JF1 secondary focus primary casual/moderate focus coder metaphoric/implied focus no focus Total JF2 * MF2 Crosstabulation MF2 secondary coder Total Civil Rights Focus F2 main focus secondary focus moderate focus implied focus no focus main focus JF2 secondary focus primary casual/moderate focus coder metaphoric/implied focus no focus Total JF3 * MF3 Crosstabulation MF3 secondary coder Total Supreme Court Focus F3 main focus secondary focus moderate focus implied focus no focus main focus JF3 secondary focus primary casual/moderate focus coder metaphoric/implied focus no focus Total JF4 * MF4 Crosstabulation MF4 secondary coder Total Sullivan Case Focus F4 main focus secondary focus moderate focus implied focus no focus main focus JF4 secondary focus primary casual/moderate focus coder metaphoric/implied focus no focus Total JF5 * MF5 Crosstabulation MF5 secondary coder Total News Industry/Free Press Focus F5 main focus secondary focus moderate focus implied focus no focus main focus JF5 secondary focus primary casual/moderate focus coder metaphoric/implied focus no focus Total

260 245 Appendix 3A. Article Focus Crosstabulations: Sample Determination (cont.) Case Processing Summary: Article Focus Crosstabulations Coder Valid Cases Missing Cases Total Cases Comparison N Percent N Percent N Percent JF1 * MF % % % JF2 * MF % % % JF3 * MF % % % JF4 * MF % % % JF5 * MF % % % Note: Exact agreement between the coders would be represented by matching numbers across the diagonal in the Tables found on the first page. Discrepancies that exist in the first and last focus areas were expectable, as either of these two readily functioned as a catch-all category, a more subjective interpretation of content. Also a factor here is that a coder was forced to choose a primary focus that most closely represented the article content. Below find a simplified version of the crosstabulations in Appendix 3A as they were applicable to the sample determination criteria outlined in Appendix 2H Case Valid Missing Total Processing Summary N Percent N Percent N Percent JF4N * MF4N % % % JF4N * MF4N Crosstabulation MF4N Total JF4N Total Count Note: Response 1 (main focus) or 2 (secondary focus) have been merged into one category (2 = acceptable Sullivan coverage focus), as either would have been sufficient to identify an article as qualifying for the current study sample. 4 = Implied or metaphorical focus on Sullivan case. 5 = no focus on Sullivan case. It is reiterated here that the four that do not qualify for the reason that the article was of Sullivan case focus (three for response 4, one for response 5) did qualify for other reasons (free press, press libel, or involving Sullivan trial participants).

261 246 Appendix 3B. Testing Procedures for Research Questions and Hypotheses RQ1: Analysis Method Test: Coding Variable Ind. Variable One Ind. Variable Two Was the Sullivan case coverage in midsize newspapers different than national newspapers in terms of content or framing, and if so, what do these differences suggest about editorial handling? Testing Procedure for RQ1: Qualitative assessment; guided by Frequencies; wire service keys Quantitative News/Edit Article size national midsize Quantitative Article Placement national midsize Comment: small number of nationals in sample makes statistical analysis insignificant for RQ1. RQ2: Were different newspapers inclined to provide more (or less) comprehensive coverage of the Sullivan case than their comparably sized counterparts? Testing Procedure for RQ3: Qualitative assessment, based on Quantitative; Frequencies. Quantitative News/Edit Article size midsize (1) midsize (all) Qualitative only News/Edit Article size national (1) national (all) Comment: quantitative analysis significant only among midsizes. RQ3: Were there any regional differences between northern and southern midsize newspapers concerning coverage of the Sullivan case, and if so, were article size or article placement parameters exhibiting regional variation? Article Size, Article Placement Testing Procedure for RQ3: Crosstabulations; Frequencies Quantitative Article size northern southern Qualitative Headline Assessment northern southern Quantitative Article Placement northern southern RQ4: Does regionalism appear to be a dominant influence on midsize newspapers, with respect to decisions concerning inclusion (devotion of space) and appropriateness (newsworthiness for their readership) of public affairs news such as the Sullivan case? If so, was there increased coverage of the Alabama court events in southern papers versus northern papers? Also, was this followed by increased editorial coverage of the Supreme Court events in northern versus southern papers? Testing Procedure for RQ4: Frequencies; Crosstabulations Quantitative News/Edit ABdateCD northern southern Quantitative News/Edit northern southern Quantitative News/Edit ABdateCD northern southern Qualitative Coding Key; Wire Service northern southern (Appendix 3B continues for hypotheses on next page)

262 247 Appendix 3B. Testing Procedures for Research Questions and Hypotheses (cont.) Analysis Method Test: Coding Variable Ind. Variable One Ind. Variable Two H1: Northern papers will devote more space and/or more prominent placement to both news and editorial coverage of Incident C and Incident D, compared to southern newspapers. Testing Procedure for H1: Frequencies, Crosstabulations Quantitative News/Edit ABdateCD northern southern Quantitative Article Placement ABdateCD northern southern Quantitative Article Size ABdateCD northern southern H2: Southern papers will devote more space and/or more prominent placement to news coverage of Incident A and Incident B, compared to northern newspapers. Testing Procedure for H2: Frequencies, Crosstabulations Quantitative News/Edit ABdateCD northern southern Quantitative Article Placement ABdateCD northern southern Quantitative Article Size ABdateCD northern southern H3: The southern newspapers will devote more positive editorial commentary to the Alabama state court decisions, Incidents A and B, while northern newspapers will editorialize more positively in reaction to Incidents C and D, than their regional counterpart(s). Testing Procedure for H3: Qualitative and Quantitative assessment; bias and article size Quantitative News/Edit ABdateCD northern southern Qualitative Coding Keys, Marlow northern southern Qualitative ABdateCD Headline Assmt. northern southern

263 Appendix Appendix 3C. Cluster Variables Used in Data Analyses REGIONAL Cluster: Rationale for clustering based on regional origin differences, into variables: IncidentAB and IncidentCD. Assumes differences based on regional theory and editorial handling. MIDSIZE Cluster: Rationale for clustering based on regional differences amongst midsize newspapers, into variables: Northern and Southern. Assumes newspaper differences based on regional theory. SAMPLE Cluster: Rationale for clustering based on newspaper type (size), into variables: National and Midsize. Assumes newspaper differences based on audience demographics and distribution. SOURCE Cluster: Rationale for clustering based on differences in article source, into variables: External and Internal. Predicated on convenience and economic factors assumed as influencing editorial handling. ARTICLE Cluster: Rationale for clustering based on differences in article type, into variables: News and Editorial. Assumes different editorial handling practices for different article types(s). CLUSTER (VARIABLE 1) (VARIABLE 2) Grouping Rationale REGIONAL (INCIDENTAB) (INCIDENTCD) Defined by Incident/ Incident time span Unit(s) of analysis = articles by incident RQ or Hypothesis Addressed: RQ1, RQ2, RQ3, RQ4, HI, H2, H3 (Intended Data Analysis) MIDSIZE (NORTHERN) (SOUTHERN) Newspaper Definition and Regional Theory Unit(s) of analysis = newspapers by region RQ or Hypothesis Addressed: RQ3, RQ4, H2, H3, H4 (Intended Data Analysis Application) SAMPLE (NATIONAL) (MIDSIZE) Newspaper Definition Unit(s) of analysis = newspapers by publication size RQ or Hypothesis Addressed: RQ1, RQ2 (Intended Data Analysis Application) SOURCE (INTERNAL) = (EXTERNAL) = Defined by source(s) of origin Unit(s) of analysis = articles by source of origin RQ or Hypothesis Addressed: RQ1, RQ3, RQ4, H1, H2, H3 (Intended Data Analysis Application) ARTICLE (NEWS) (EDITORIAL) Study Definition and Editorial Handling Unit(s) of analysis = articles by type RQ or Hypothesis Addressed: RQ1, RQ2, RQ3, RQ4, H1, H2, H3 (Intended Data Analysis) Legend: Operationalization of Specific Variables not previously defined in study: EDITORIAL: Those articles coded as an editorial feature, spotlight editorial, or other editorial. EXTERNAL: Those articles from an external source: a wire news service agency (AP, UPI. Reuters), a syndicated news source, or any other outside source. INCIDENTAB: Articles from both Incidents A and B; those released during the time span of Sullivan news events with Deep South (Alabama) origin. INCIDENTCD: Articles from both Incidents C and D; those released during the time span of Sullivan news events with Washington D.C. origin. INTERNAL: Those articles from an internal source: a newspaper staff, editor, or owner/publisher; a freelance writer under contract to write a special story. NEWS: Those articles coded as a top news story or other news article; excludes news briefs.

264 Appendix Appendix 3D. Article Size Crosstabulations in Midsize Newspapers Sorted by group: Incident A or B coverage vs. Incident C or D coverage MIDSIZE * Article Size * REGIONAL Crosstabulation ABdateCD Chi-Square Tests Value df Asymp. Sig. (2-sided) Pearson Chi- Square a Alabama Courts; Likelihood Ratio Incident A or B Linear-by-Linear Association N of Valid Cases 55 Pearson Chi- Square b U.S. Supreme Court; Likelihood Ratio Incident C or D Linear-by-Linear Association N of Valid Cases 148 a. 4 cells (50.0%) have expected count less than 5. The minimum expected count is b. 1 cell (12.5%) has an expected count less than 5. The minimum expected count is 3.83.

265 Appendix Appendix 3E. Incident & Article Type Frequency by Publication Number A breakdown of article coverage, itemized by publication number (refer to Appendices 1A, 1B, & 1C for actual newspaper names or use in congruence with Appendices 3F & 3G) sorted specifically by Incident and article type (news or editorial). This chart can used in congruence with Article Category 28 classifications (Appendix 2P) to provide an indication of the frequency and type of coverage being offered by the sample publications. Sullivan Coverage Northern Southern National Incident A News 11, 13(2), 15, 19, 21(2), 12(2), 14, 16, 18, 24, 26, 70, 71(2), 72, 74(2), 75, 23, 27, 29, 31(2), 35, 41, 28, 32, 34, 36, 38, 40, 42, 76 43, 51, 57, 59, 65, 67 44(2), 46, 48(2), 50, 52(2), 54, 58, 60 Incident A Editorial None None None Incident B News 67 12, 18, 34, 46(2), 48, 50, 52 Incident B Editorial None None None Incident C News** 11, 25, 27, 29, 33, 41, 51, 26, 30, 34, 36, 40, 44, 46, 57, 65, 67 52, 58, 60 Incident C Editorial None None None Incident D News*** 11(2), 13, 15, 17, 19, 21, 12, 14(2), 16*, 18, 22(2), 23, 27, 29, 31, 33(2), 26(2), 28(2), 30, 32, 34, 36, 35(2), 39, 41(2), 43, 45(2), 38, 40, 42, 48, 50(2), 60 47(2), 51, 53, 55, 57, 59, 61, 65, 67 Incident D Editorial 11, 13, 17, 19, 23, 25, 27, 29(2), 31, 33, 35, 37(3), 41(2), 45(2), 47(2), 49, 51(3), 57, 61, 65 28, 30, 34, 38, 40, 48, 56, 58(2) 70, 71, 72, 74(2)**** (-75, -76) 70, 71, 72, 73, 74**** (-75, -76) 70, 71(3), 72(2), 73(2), 74(2), 75, 76 70(2), 71(2), 72, 73, 75, 76 Incident D Feature 45, 67 48, 50 71(4), 72(2) * News Brief only; was not counted as full story coverage. ** Incident C News Coverage: Note that publication 18, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 40, 41, 44, 46, 51, 57, 65, 67, 70, & 73 reported that the U.S. Supreme Court accepted the case for review in congruence with other review decision. For most papers, the Sullivan case was framed as the headline story, but the text content focused on what cases the Supreme Court accepted for review during that term, and annual announcement made on January 7, *** Incident D News Coverage: Note that publication 23, 28, and two of the three articles from publication 37 reported about the Sullivan case decision in conjunction with decisions from other Supreme Court cases released in the same session(s), with the focus of the article being the Supreme Court and not the Sullivan case per se. **** Publications 75 and 76 were not assessed for Incidents B & C, leaving the sample group for these nationals at five publications total during these two periods, as opposed to seven publications during Incidents A & D.

266 Appendix Appendix 3F. Northern Newspapers: Article Frequency by Incident/Type Letter indicates Incident of coverage; Numers in parentheses indicate multiple frequencies. Newspapers: pub Straight News Coverage Editorial Features Northern Publications # Agency Use Original Article Agency Use Original The Evening Press 11 A, C, D(2) D Schenectady Gazette 13 A,D D Niagara Falls Gazette 15 A, D Utica Observer 17 D D The Times-Union 19 A, D D The Post-Standard 21 A(2), D New Britain Herald 23 A, D(2) D Bridgeport Post 25 C D D Bridgeport Telegram 27 A,C, D D Waterbury Republican 29 A,C, D D New Haven Register 31 A(2), C, D D(2) The Union-Leader 33 C, D(2) D Worcester Telegram 35 A D D The Standard-Times 37 D D(2) D The Lowell Sun 39 D The Patriot-Ledger 41 A, C, D D The Daily Home News 43 A Trenton Evening Times 45 D(2) D D The Bergen Record 47 D D D Courier-Post 49 D Asbury Park Even. Press 51 D D(2) Reading Times-Eagle 53 D Erie Daily Times 55 D The Patriot 57 A, C, D D The Intelligencer-Journal 59 The Scranton Tribune 61 D D The Scranton Times 63 Morning Call-Chronicle 65 A, B, C, D(2) D Wilmington News 67 A,B, C, D D

267 Appendix Appendix 3G. Southern Newspapers: Article Frequency by Incident/Type Letter indicates Incident of coverage; Numers in parentheses indicate multiple frequencies. Newspapers: pub Straight News Coverage Editorial Features Southern Publications # Agency Use Original Article Agency Use Original Clarion-Ledger 12 A(2), B, D Savannah Morning News 14 A D(2) Anniston Star 16 A, D Southwest American 18 A, C, D Jackson Sun 20 Press-Chronicle 22 D Herald-Courier 24 A Chattanooga Daily Times 26 A, C, D(2) News-Sentinel 28 A, C D Asheville Citizen 30 C, D D The Columbia State 32 A, D News And Courier 34 A, B, C, D(2) D Greenville News 36 A, C, D D Anderson Independent 38 A, D D Macon Telegraph 40 A, C, D D Columbus Ledger 42 A, D D Columbus Enquirer 44 A(2), C, D Mobile Register 46 A, B(2), C, D(2) Huntsville Times 48 A(2), B, D D The Gadsen Times 50 A, B, D (3) Dothan Eagle 52 A, B(2), C, D Meridian Star 54 A Biloxi Daily Herald 56 D D Hattiesburg American 58 A, C D(2) Delta Democrat-Times 60 A, C, D (2) Appendix 3H. National Newspapers: Article Frequency by Incident/Type Letter indicates Incident of coverage; Numers in parentheses indicate multiple frequencies. Newspapers: pub Straight News Coverage Editorial Features National Publications # Agency Use Original Article Agency Use Original Atlanta Constitution-Journal 70 A, B, C, D D(2) New York Times 71 A(2), B, D(2) C, D(5) D(2) Washington Post 72 A, B C, D(2) D D(2) Chicago Tribune 73 C, D D(2) Montgomery Advertiser 74 C, D A(2), B, D D Philadelphia Inquirer* 75 A, D D Hartford Courant* 76 A, D D * Only Incidents A & D coverage are taken into consideration for this publication.

268 Appendix Appendix 3I. Article Size and Article Placement: Mean Response RQ4 ARTICLESIZE ARTPLACEMENT midsize newspaper Mean N Std. Deviation national newspaper Mean N Std. Deviation Total Mean N Std. Deviation Legend: Article Size in column inches 3 = 7" to 13" ; 4 = 14" to 22" Article Placement 1 = most prominent ; 2 = prominent See Appendix 2D for coding definitions for all range spans. These figures do not necessarily reflect a scaled degree of difference that can accurately be identified with either a specific article length (size in column inches) dimension or a specific article placement location. Appendix 3J. Article Size Crosstabulation for Midsize Newspapers, by News Origin** MIDSIZE * Article Size * REGIONAL REGIONAL (1) Alabama Courts; Incident A or B Crosstabulation MIDSIZE 6 inches or less Article Size Categories 7-13 inches inches 1+ Column Total Northern midsize newspapers Southern midsize newspapers REGIONAL (2) U.S. Supreme Court; Incident C or D Total by Article Count MIDSIZE Northern midsize newspapers Southern midsize newspapers Total by Article Count ** Note: The statistical results indicate no significant difference in editorial handling with respect to article size, assuming the decision was made to include news coverage, among midsize newspapers from the northern and southern regions.

269 Appendix Appendix 3K. Likelihood of Article Coverage by Region of News Origin ARTICLE * REGIONAL Crosstabulation CASE PROCESSING SUMMARY N Percent Valid = News or Editorial Articles % Missing = other article types 5 a 1.9% Total Articles % a. This number reflects the 5 articles that were published in either national (3) or midsize (2) newspapers, that were classified as other (article type not considered as a news article or editorial, but still qualifying as relevant to the current study by meeting other associated criteria outlined in Appendix 2H. ARTICLE * REGIONAL REGIONAL cluster CROSSTABULATION Alabama Courts; U.S. Supreme Court; Incident A or B Incident C or D Total ARTICLE (1) news article Count within ARTICLE 40.4% 59.6% 100.0% within REGIONAL 94.4% 54.4% 65.6% ARTICLE (2) editorial or feature Count within ARTICLE 4.6% 95.4% 100.0% within REGIONAL 5.6% 45.6% 34.4% Total articles Count within ARTICLE 28.1% 71.9% 100.0% within REGIONAL 100.0% 100.0% 100.0% Chi-Square Tests Asymp. Sig. Exact Sig. Exact Sig. Value df (2-sided) (2-sided) (1-sided) Pearson Chi-Square b Continuity Correction a Likelihood Ratio Fisher's Exact Test Linear-by-Linear Association N of Valid Cases 253 a. Computed only for a 2 x 2 table b. 0 cells (.0%) have expected count less than 5. The minimum expected count is Symmetric Measures Value Approx. Sig. Nominal by Phi Nominal Cramer's V N of Valid Cases 253 a. Not assuming the null hypothesis. b. Using the asymptotic standard error assuming the null hypothesis.

270 Appendix Appendix 3L. Article Source Crosstabulation: Midsize and National Newspapers SAMPLE * SOURCE2 local owner/editor section outside Crosstabulation AP UPI staff -in-chief editor source Total SAMPLE midsize newspapers Count within SAMPLE 60.1% 15.3% 0% 9.4% 7.9% 7.4% 100.0% within SOURCE2 91.0% 86.1% 0% 63.3% 64.0% 78.9% 78.7% SAMPLE national newspapers Count within SAMPLE 21.8% 9.1% 25.5% 20.0% 16.4% 7.3% 100.0% within SOURCE2 9.0% 13.9% 100.0% 36.7% 36.0% 21.1% 21.3% Total all newspapers Count within SAMPLE 51.9% 14.0% 5.4% 11.6% 9.7% 7.4% 100.0% within SOURCE % 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Chi-Square Tests Value df Asymp. Sig. (2-sided) Pearson Chi-Square a Likelihood Ratio Linear-by-Linear N of Valid Cases 258 a. 2 cells (16.7%) have expected count less than 5. The minimum expected count is Symmetric Measures Value Approx. Sig. Nominal by Phi Nominal Cramer's V N of Valid Cases 258 a. Not assuming the null hypothesis. b. Using the asymptotic standard error assuming the null hypothesis.

271 Appendix Appendix 3M. Source Origin Comparison: Midsize and National Newspapers SAMPLE * SOURCE Crosstabulation Internal vs. External SOURCE Internally generated news or editorial Article originating from outside source Total midsize Article Count newspapers within SAMPLE 17.2% 82.8% 100.0% SAMPLE within SOURCE 50.7% 88.9% 78.7% national Article Count newspapers within SAMPLE 61.8% 38.2% 100.0% within SOURCE 49.3% 11.1% 21.3% Article Count Total all sampled newspapers within SAMPLE 26.7% 73.3% 100.0% within SOURCE 100.0% 100.0% 100.0% Note: These figures are representative of calculations using the combined article counts from the various article source choices found in Coding Schedule Part I; see Appendix 2D. All news agencies or syndicated sources were identified as news originating from external sources, as were any unsolicited letters or advertisements from outside sources. Those articles attributed to a staff reporter, section editor, owner/publisher, editor-in-chief, or identified as a special or exclusive news release for a given newspaper from a freelance journalist under contract were considered as internally-generated news articles. SAMPLE * SOURCE Crosstabulation Chi-Square Tests Value df Asymp. Sig. (2-sided) Pearson Chi-Square b Continuity Corrections a Likelihood Ratio Exact Sig. (2-sided) Exact Sig. (1-sided) Fisher s Exact Test Linear-by-Linear Association N of Valid Cases 258 a. Computed only for a 2 x 2 table b. 0 cells (.0%) have expected count less than 5. The minimum expected count is Symmetric Measures Value Approx. Sig. Nominal by Phi Nominal by Cramer's V N of Valid Cases 258 a. Not assuming the null hypothesis. b. Using the asymptotic standard error assuming the null hypothesis.

272 Appendix Appendix 3N. Article Placement: Midsize Newspapers, by News Origin Article Count coverage by regional news origin ARTICLE PLACEMENT REGIONAL MIDSIZE most prominent prominent average to semi-buried Total Alabama Courts; Northern Midsize Incident A or B Southern Midsize Total U.S. Supreme Court; Northern Midsize Incident C or D Southern Midsize Total REGIONAL MIDSIZE * Article Placement * REGIONAL Crosstabulation CHI-SQUARE TESTS Value df Asymp. Sig. (2-sided) Pearson Chi- Square a Alabama Courts; Likelihood Ratio Incident A or B Linear-by-Linear Association N. of Valid Cases 55 Pearson Chi- Square b U.S. Supreme Court; Likelihood Ratio Incident C or D Linear-by-Linear Association N. of Valid Cases 148 a. 2 cells (33.3%) have expected count less than 5. The minimum expected count is b. 2 cells (33.3%) have expected count less than 5. The minimum expected count is 3.41.

273 Appendix Appendix 3O. Regional Difference(s) in Overall Reportage, Midsize Newspapers MIDSIZE * REGIONAL Crosstabulation Case Processing Summary N Percent Valid: Midsize Newspaper Articles % Missing: National Newspaper Articles % Total Articles % MIDSIZE * REGIONAL REGIONAL Crosstabulation Alabama Courts; U.S. Supreme Court; Incident A or B Incident C or D Total MIDSIZE (1) Article Count Northern midsize % within MIDSIZE 20.6% 79.4% 100.0% newspapers % within REGIONAL 40.0% 57.4% 52.7% MIDSIZE (2) Article Count Southern midsize % within MIDSIZE 34.4% 65.6% 100.0% newspapers % within REGIONAL 60.0% 42.6% 47.3% Total Article Count All midsize % within MIDSIZE 27.1% 72.9% 100.0% newspapers % within REGIONAL 100.0% 100.0% 100.0% CHI-SQUARE TESTS Value df Asymp. Sig. (2-sided) Exact Sig. (2-sided) Exact Sig. (1-sided) Pearson Chi-Square b Continuity Correction a Likelihood Ratio Fisher's Exact Test Linear-by-Linear Association N of Valid Cases 203 a. Computed only for a 2 x 2 table b. 0 cells (.0%) have expected count less than 5. The minimum expected count is SYMMETRIC MEASURES Value Approx. Sig. Nominal by Phi Nominal Cramer's V N of Valid Cases 203 a. Not assuming the null hypothesis. b. Using the asymptotic standard error assuming the null hypothesis.

274 Appendix Appendix 3P. Crosstabulation for Article Types in Midsize Newspapers ARTICLE * MIDSIZE Case Processing Summary N Percent Valid % Missing 57 a 22.1% Total % a. This number reflects the 55 articles that were published in national newspapers, plus two articles that were included in midsize newspapers that were classified as other (article type not considered as a news article or editorial, but still qualifying as relevant to the current study by meeting other associated criteria outlined in Appendix 2H. Northern Midsize Newspapers Southern Midsize Newspapers ARTICLE * MIDSIZE Crosstabulation Total ARTICLE (1) news article Article Count within ARTICLE 47.8% 52.2% 100.0% within MIDSIZE 59.8% 74.5% 66.7% ARTICLE (2) editorial or feature Article Count within ARTICLE 64.2% 35.8% 100.0% within MIDSIZE 40.2% 25.5% 33.3% Total Article Count within ARTICLE 53.2% 46.8% 100.0% within MIDSIZE 100.0% 100.0% 100.0% Chi-Square Tests Value df Asymp. Sig. (2-sided) Exact Sig. (2-sided) Exact Sig. (1-sided) Pearson Chi-Square b Continuity Correction a Likelihood Ratio Fisher's Exact Test Linear-by-Linear Association N of Valid Cases 201 a. Computed only for a 2 x 2 table b. 0 cells (.0%) have expected count less than 5. The minimum expected count is Symmetric Measures Value Approx. Sig. Nominal by Phi Nominal Cramer's V N of Valid Cases 201 a. Not assuming the null hypothesis. b. Using the asymptotic standard error assuming the null hypothesis.

275 260 Appendix 4. Regional Sample: Maps, Charts, and Graphs LIST OF MAPS, CHARTS, AND GRAPHS ITEM Page 4A The South: Defined by States as a Region (chart) B Map of the South: The States of the Confederacy C Map of the South: The Cotton Kingdom D Map of the Deep South: Preferred States E Map of the Far North: Preferred States F First Amendment Supreme Court Cases: G Sample State Abbreviation Legend Note: The graphic images in Appendix 4D and 4E were drawn using outline maps (pict resource files) available online as clipart for reference templates. They are, nonetheless, considered the original artwork of this researcher, for copyright purposes.

276 261 Appendix 4A. The South: Defined by States as a Region US Govt. Census Odum Grantham Scott Alabama Alabama Alabama Alabama Arkansas Arkansas Arkansas Arkansas Florida Florida Florida Florida Georgia Georgia Georgia Georgia Kentucky Kentucky Kentucky Kentucky Louisiana Louisiana Louisiana Louisiana Mississippi Mississippi Mississippi Mississippi North Carolina North Carolina North Carolina North Carolina Oklahoma Oklahoma Oklahoma South Carolina South Carolina South Carolina South Carolina Tennessee Tennessee Tennessee Tennessee Texas Texas Texas Virginia Virginia Virginia Virginia Delaware Maryland West Virginia District of Columbia Total:16 States + D.C. Total: 11 States Total: 13 States Total : 13 States Metro vs. NonMetro 1960 Census Figures, Metro and NonMetro Populations 61.9% 57.4% 60.4% 60.4% 38.1% 42.6% 39.6% 39.6% Urban vs. Rural 1960 Census Figures, Urban and Rural Populations. 69.9% 52.7% 57.7% 57.7% 30.1% 47.3% 42.3% 42.3% The far left column represents the southern region as defined by the United States Bureau of the Census. Figures used to arrive at the percentages in the lower two categorizations, Metro vs. NonMetro and Urban vs. Rural, were derived from calculation by this researcher. All population figures used is these calculation were attained in the Statistical Abstract of the United States, 1961 edition. The second, third and fourth columns were arrived at by subtracting those states as necessary from the southern region as defined by the Census Bureau (far left column), to arrive at proportional figures that reflect the population percentages of the South as defined by three regional scholars cited in this study; Howard W. Odum (second column); Dewey W. Grantham (third column; and Thomas G. Scott (fourth column). The second column contains the list of states considered as eligible source states for the primary newspaper sample, with Florida and Virginia assigned marginal preference for reasons discussed in Chapters Three and Four. This included the propensity for Floridians to not be considered a part of the South during the Civil Rights movement, in order to avoid publicity (see Chapter Three), as well as the geographic proximity of Virginia to the District of Columbia. The latter reason was based on the fact that the U.S. Supreme Court borders the eastern part of Virginia, which might taint the editorials and news judgment of such newspapers, reflecting a bias for the Court s decision(s), irregardless of opinion rationale or consequence.

277 262 Appendix 4B. Map of the South: The States of the Confederacy Available online at Appendix 4C. Map of the South: The Cotton Kingdom Used to determine the most preferred states for primary newspaper sample. Taken from Rand McNally Atlas.

278 263 Appendix 4D. Map of the Deep South: Preferred States Representation of the preferred sampling order for Deep South- color coded by state. Appendix 4E. Map of the Far North: Preferred States Far North - color coded by state, representing preferred order for newspaper sampling.