Attacking legitimacy: the potentially deleterious effects of political group attacks on judicial candidates

In 1985 Schotland made the observation that judicial campaigns were becoming “nosier, nastier, and costlier.” Because judicial campaigns are one of very few occasions in which individuals receive information about the bench (Schaffner and Diascro 2007), there is a possibility that such negativity in judicial elections could harm individual perceptions of the legitimacy of state supreme courts (Gibson 2008). This dissertation seeks to uncover the amount of negativity present in judicial campaigns, and to understand the effects of such negativity on perceptions of state courts’ specific and diffuse legitimacy.

To accomplish this goal I first conduct a content analysis of all televised judicial advertisements aired from 2005-2016. While other scholars have examined the use of attack advertisements in judicial elections (Hall 2014), my study is the first to consider ads airing before and after the U.S. Supreme Court’s Citizens United ruling that removed spending limits for political groups. I find that neither the use of attack nor contrast advertisements appears to be increasing, though the sponsors of such ads have changed such that candidates and political parties air far fewer negative advertisements, but political groups air more negative ads than they did before Citizens United.

I then conduct a unique experiment to examine the effects of negativity on perceptions of specific and diffuse legitimacy. Unlike previous studies, I include a treatment group for contrast advertisements, which are advertisements containing elements of negativity about a target, as well as positive information about the target’s opponent. I find that, perceptions of the court’s diffuse legitimacy are only moderately influenced by exposure to negative ads. I do however find that contrast advertisements appear to depress perceptions of the court’s diffuse legitimacy by a significant amount for individuals with high knowledge of the courts.