Relationship Between Public Opinion and Supreme Court Decisions

Abstract

The role and function of public sentiment and sanction in democratic theory assumes that there is a relationship between the law as expressed in Supreme Court decisions and public opinion. Aspects for support for this hypothesis are: (1) when fewer than four in ten members of the public approved of a broad guarantee of free speech the court restricted the First Amendment; (2) when fewer than four in ten members of the public supported the First Amendment. the court's decisions were much more likely to be close ones in either direction but especially when rulings were adverse to free speech; and (3) when a low level of public favor for free speech rights of extremists was rising, the Court was more likely to render decisions upholding the First Amendment even though less than 50% of the public supported free speech for political extremists.