Half a century ago, on January 11, 1964, the U.S. Surgeon General's office released a landmark report on the health consequences of smoking. That report received massive media attention and triggered a steadily growing number of federal, state, and local restrictions on the advertising, sale, and use of cigarettes. Little is known about the report's impact on American public opinion because all the timely public opinion polls that measured the report's impact were privately commissioned by the tobacco industry and were not made publicly available. A review of these polls shows that the 1964 Surgeon General's report had a large and immediate effect on Americans' beliefs that cigarettes were a cause of lung cancer and of heart disease. However, the report had less impact on public preferences for government action or on smoking rates.
Evidence for the Supreme Court's legitimacy-conferring role is measured by examining shifts in pre- and postdecision public opinions polls. A study of 18 poll shifts since the 1930s indicates that the average pre- to postdecision poll shift is virtually zero. Under limited circumstances, however, larger poll shifts toward the Court's position do occur, especially when the Court makes liberal, activist decisions and when a time-lag variable is allowed for.
Evidence suggests that the modern Supreme Court reflects nationwide public opinion in nearly three-fifths of its decisions. The post-New Deal Court has been especially majoritarian in federal-level disputes and in “crisis times” cases. Overall, the modern Court appears to be as majoritarian as other American policymakers.
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