The Role of Emotional Language in Briefs Before the U.S. Supreme Court

Ryan C. Black · Matthew E. K. Hall · Ryan J. Owens · Eve M. Ringsmuth

64 citations0/0 files storedJournal of Law and Courts

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Judicial and Constitutional Studies Legal processes and jurisprudence Linguistics and Discourse Analysis

Abstract

Abstract The legal brief is a primary vehicle by which lawyers seek to persuade appellate judges. Despite wide acceptance that briefs are important, empirical scholarship has yet to establish their influence on the Supreme Court or fully explore justices’ preferences regarding them. We argue that emotional language conveys a lack of credibility to justices and thereby diminishes the party’s likelihood of garnering justices’ votes. The data concur. Using an automated textual analysis program, we find that parties who employ less emotional language in their briefs are more likely to win a justice’s vote, a result that holds even after controlling for other features correlated with success, such as case quality. These findings suggest that advocates seeking to influence judges can enhance their credibility and attract justices’ votes by employing measured, objective language.

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References

2009The Psychological Meaning of Words: LIWC and Computerized Text Analysis Methods 1951The Influence of Source Credibility on Communication Effectiveness 1981Attitudes and Persuasion: Classic and Contemporary Approaches 1974Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change 2007The structure and function of communication in society 2004The Persuasiveness of Source Credibility: A Critical Review of Five Decades' Evidence 1954Communication and Persuasion: Psychological Studies of Opinion Change.1999Linguistic styles: Language use as an individual difference.

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2019Beyond Mere Presence: Gender Norms in Oral Arguments at the U.S. Supreme Court 2018Determinants of Writing Style on the United States Circuit Courts of Appeals 2018The Role of Gender Norms in Judicial Decision-Making at the U.S. Supreme Court: The Case of Male and Female Justices 2019The Influence of Unique Information in Briefs on Supreme Court Opinion Content 2020Tool for Surveillance or Spotlight on Inequality? Big Data and the Law

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