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REFERENCES
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The Intersection of Agenda-Setting,
the Media Environment, and Election
Campaign Laws
John A. Fortunato and Shannon E. Martin
Abstract
Media theory helps the process of understanding the complex political communi-
cation environment. Agenda-setting research examines the transfer of topic salience
from the media agenda to the public agenda. This process is important to discuss in
the policy context of election campaigns. In an election campaign context, agenda-
setting has been altered considerably since its early research studies by the technol-
ogy that allows individuals and organizations to use social media to communicate
directly to an audience and by the campaign finance structure created by the Citizens
United ruling with money that provides for greater message exposure through adver-
tising serving as an agenda-setter.
Keywords: campaign finance reform, agenda-setting, social media, information
policy, Citizens United
Introduction
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130 JOURNAL OF INFORMATION POLICY
The mass media have the function of selecting and framing messages.
One prominent theoretical model of the late twentieth century that cap-
tures this primary decision-making function of the media and their influ-
ence on the audience is agenda-setting research identified by McCombs and
Shaw. The core concept of agenda-setting is the transfer of topic salience
from the media agenda to the public agenda. Agenda-setting research
initially tested the transfer of topic salience based on the amount of cover-
age a topic received (media selection and repeated exposure of topics), and
evolved to include questions of transfer of salience through how the issue
was presented (media framing of topic attributes).1 Agenda-setting posits
the media may be successful in influencing what the public thinks about
and how the public thinks about those particular topics.2
The agenda-setting process is important to discuss in the policy govern-
ing election campaigns. In an election campaign context, agenda-setting
has been altered considerably since its early research studies by the technol-
ogy that allows individuals and organizations to use social media to com-
municate directly to an audience and by the campaign finance structure
created by the Citizens United ruling with money that provides for greater
message exposure through advertising serving as an agenda-setter.
Every time the communication environment changes, individuals
and organizations have to adjust their communication strategy to reach
the audience. There is a need to understand the message distribution
system capabilities and an understanding of how the audience seeks
and retrieves information. Agenda-setting researchers have consistently
questioned how public agendas are constructed. Traditionally, this
research acknowledges the media power to select and frame content,
but recognizes individuals and organizations that have an agenda to
promote try to influence media content decision making.3 The question
of how public agendas are constructed now must include individuals’
and organizations’ use of social media. These technological communi-
cation options now combine with the distribution of messages through
the traditional mass media and advertising to influence the agenda-
setting process. In performing an agenda-setting function, however,
social media postings and advertising by campaigns have the advantage
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The Intersection of Agenda-Setting 131
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132 JOURNAL OF INFORMATION POLICY
4. Bogart, 4.
5. Schudson.
6. For succinct summaries that address the critical issues of the media effects debate, see, for
example, Lowery and DeFleur; Dennis and Wartella; Perse; O’Neill.
7. Shoemaker and Reese.
8. Schudson, 30.
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The Intersection of Agenda-Setting 133
9. Bogart, 4.
10. Dimitrova et al., 98.
11. Chaffee, Zhao, and Leshner; Scheufele; Bimber and Davis; Dimitrova et al.
12. Tolbert and McNeal; Kenski and Stroud; Dalrymple and Scheufele; Mossberger, Tolbert,
and McNeal; Boulianne; Groshek and Dimitrova.
13. Zhang et al.
14. Groshek and Dimitrova.
15. Boulianne.
16. Bucy and Gregson, 368.
17. Dimitrova et al., 95.
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134 JOURNAL OF INFORMATION POLICY
even if digital media use does not produce direct behavior, they are an
important part of the political communication process because they make
a “sometimes exclusionary political system more accessible.”18 They state,
“even if such activity is only perceived and not truly realized, the very per-
ception of opportunities to participate may contribute to higher internal
and external self-efficacy. In this sense, digital media use may be highly
empowering and psychologically rewarding, making the public feel more
engaged in the political process.”19
Agenda-Setting: Selection
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The Intersection of Agenda-Setting 135
Agenda-Setting: Framing
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136 JOURNAL OF INFORMATION POLICY
the media agenda to the public agenda.31 The agenda-setting function is,
thus, summarized as a process in which the media can influence the topics
that the public thinks about and the attributes of that topic that they deem
important.32 Similar to providing mere exposure for some issues, social
media provide an opportunity for a more expansive conversation about
topic attributes with more aspects of a topic able to be discussed.
While the framing of an issue is now recognized in agenda-setting
research as a potential influencing factor about how the public thinks
about an issue, Ghanem still emphasizes exposure, contending that “the
frequency with which a topic is mentioned probably has a more powerful
influence than any particular framing mechanism, but framing mecha-
nisms could serve as catalysts for frequency in terms of agenda-setting.”33
While acknowledging the media function to select and frame, there are
contingency characteristics to any agenda-setting effect.34 The audience
is one notable contingency with the agenda-setting researchers making
it clear that any effect of media messages that results from the selection
and framing process is not unanimous.35 A vital mitigating factor for any
media message effect is the audience’s motivation to obtain and evalu-
ate information. Agenda-setting studies have consistently focused on the
audience need for orientation.36 The need for orientation is based on the
combination of an individual’s relevance and uncertainty toward an issue.
Low levels of relevance correspond directly to a low need for orientation.
A high level of relevance and a low level of uncertainty correspond to a
moderate need for orientation. A high level of relevance and a high level of
uncertainty correspond to a high need for orientation.
The need for orientation could lead to consulting media about that topic.
An initial contingency to agenda-setting could include the mere ability of the
31. Ghanem; McCombs and Shaw, “The Evolution”; McCombs and Reynolds.
32. McCombs, Shaw, and Weaver, Communication and Democracy; McCombs, “A Look at
Agenda-Setting”; McCombs, Setting the Agenda; McCombs, Shaw, and Weaver, “New Directions.”
33. Ghanem.
34. Winter.
35. McCombs and Shaw, “The Agenda-Setting Function”; McCombs, Setting the Agenda.
36. Weaver; Chevrov, Valenzuela, and McCombs; Camaj; McCombs and Stroud.
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The Intersection of Agenda-Setting 137
37. Carroll.
38. Coleman and McCombs.
39. Ibid., 505.
40. McCombs, Setting the Agenda.
41. Golan; Keen; Ragas, Kim, and Kiousis.
42. Chan-Olmsted, Competitive Strategy; Chan-Olmsted and Cha; Chan-Olmsted, “Media
Branding”; Siegert, Gerth, and Rademacher; Stipp.
43. Camaj; McCombs and Stroud.
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138 JOURNAL OF INFORMATION POLICY
44. Fortunato.
45. Dunn; Niven and Sandu.
46. McCombs, Shaw, and Weaver, “New Directions,” 788.
47. Ibid., 794.
48. Loc. cit.
49. Vargo et al.
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The Intersection of Agenda-Setting 139
the Citizens United ruling with money that provides for greater message
exposure through advertising serving as an agenda-setter.
Technology
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140 JOURNAL OF INFORMATION POLICY
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The Intersection of Agenda-Setting 141
61. Sutherland and Galloway; Ghorpade; Roberts and McCombs; Golan, Kiousis, and
McDaniel.
62. Sutherland and Galloway, 27.
63. Golan, Kiousis, and McDaniel, 433.
64. Alp.
65. Fortunato.
66. Johnston and Kaid.
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142 JOURNAL OF INFORMATION POLICY
control that campaigns receive through Internet and social media postings.
With this control, the campaign can emphasize any aspects of the candi-
date or an issue that it wants to convey to the audience and ignore aspects
that are not as favorable.
Roberts and McCombs refer to political advertising as “the agenda set
and paid for by the campaigns.”67 They contend that candidates’ political
commercials are “the most visible indicator available of the agenda that the
candidates wish to advance.”68 Through advertising, campaigns have the
opportunity to address a wide range of issues that may not at that time be
a part of the media agenda.69
Several researchers provide evidence that political advertising can influ-
ence public issue and attribute salience.70 Researchers have also found
that political advertising can influence media agendas.71 Influencing the
media agenda is particularly valuable when recognizing the intermedia
agenda-setting effect, the “instances when the media agenda is shaped by
other media.”72 Several researchers have reported the occurrence of inter-
media agenda-setting.73 Tedesco also found that there could be an inter-
candidate agenda-setting effect, when one candidate is setting the agenda
for his or her opponent.74
Communicating directly through advertising or social media means
candidates’ desired messages can reach voters with fewer mediators than
ever before. Again, the value of these advertising or social media messages
is that they are controlled by the campaign and the candidate. Through
advertising and social media, this favorable message content at the very
least has an opportunity to be a part of the overall dialogue surrounding
the campaign.
Even in an environment that features social media opportunities, it
must be noted that this technology has not supplanted television adver-
tising. Currently, one estimate is that more American adults watch on
average 36 hours of television per week compared to 16 hours spent on
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The Intersection of Agenda-Setting 143
digital media sources. Political spending has reflected this behavior. Digital
media spending by candidates and other groups for 2016 is projected to be
$1.1 billion, a 700 percent increase from 2012. This digital spending is still
considerably less than the almost $6 billion estimated for television adver-
tising. Television advertising spending was up approximately 900 percent
in mid-August of 2015 from the same time period in 2011.75 It must be
noted that because of FCC regulations television stations have to charge
candidates the lowest advertising rate for the time period that the commer-
cial airs, continuing to make television advertising a cost-effective promo-
tional communication method.76 The legal environment conditions that
allow for money to be raised and used for mass advertising and achieve the
desired agenda-setting effect thus become an important factor to discuss
and analyze.
75. O’Connor.
76. Federal Communications Commission.
77. For a detailed summary of campaign finance court rulings since the 1976 Buckley v. Valeo
decision, see Hasen.
78. Hasen, 588.
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The Intersection of Agenda-Setting 145
is the complete control of the frequency with which the message airs, its
media placement in relation to an important target audience, and the con-
tent of the message. Advertising appears to be an effective tool in cam-
paigns to persuade voters, otherwise more money would be spent on other
election-oriented endeavors, such as get-out-the-vote efforts.”82 Supreme
Court Justice Antonin Scalia even explicitly commented on the value of
advertising in the McConnell ruling, stating, “evidently, however, these ads
do persuade [no emphasis added] voters, or else they would not be so rou-
tinely used by sophisticated politicians of all parties.”83 By upholding the
financial limits of the BCRA, Fortunato and Martin conclude that “the
Supreme Court obviously believes that repeated exposure to framed polit-
ical advertisements can cause a change, a media effect, in how people view
a candidate or issue and can impact the behavior of how they will vote.”84
The laws governing campaign finance and political speech were again
amended in Citizens United v. FEC. In Citizens United, the US Supreme
Court held that the First Amendment prohibited the government from
restricting spending on political speech. The principles articulated by the
Supreme Court in the case were extended to for-profit corporations, labor
unions, and other associations. Because spending money is essential to
disseminating speech, as established in Buckley v. Valeo, the Court ruled
in Citizens United that a restriction on a corporation’s ability to spend
money is unconstitutional because it limits the ability of its members to
associate effectively and to speak on political issues.85 Hasen characterizes
the decision in Citizens United as “the trumpeting of an absolutist vision
of the First Amendment that allows corporations to spend unlimited sums
independently to support or oppose candidates for office.”86
In Citizens United, the Court overruled the “electioneering commu-
nication” provision of the BCRA. This verdict allows corporations and
unions to spend unlimited sums of money independently to directly advo-
cate for the election and defeat of candidates as well as other political issue
advocacy. The Citizens United ruling led to the creation of Super Pacs,
which cannot contribute to candidates or parties, but can accept unlim-
ited money from individuals, unions, and corporations for political expen-
ditures. The Super Pacs are not permitted to coordinate with candidate
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146 JOURNAL OF INFORMATION POLICY
campaigns. By the end of July 2015, Super Pacs had raised more than
$258 million for presidential candidates in the 2016 race.87 The Court did
uphold by an 8 to 1 vote the need for public disclosure. The Court felt this
identification of who is providing the message to be valuable information
for the voter and is “a less restrictive alternative to more comprehensive
regulations on speech.”88
The ruling in Citizens United also addressed the concern of impropri-
ety due to campaign contributions. On this point, the Court essentially
followed the text in Buckley, which states, “the absence of prearrange-
ment and coordination of an expenditure with the candidate or his
agent not only undermines the value of the expenditure to the candi-
date, but also alleviates the danger that expenditures will be given as a
quid pro quo for improper commitments from the candidate.”89 In the
Citizens United ruling, the Court held, “the appearance of influence
or access . . . will not cause the electorate to lose faith in our democ-
racy. By definition, an independent expenditure is political speech pre-
sented to the electorate that is not coordinated with a candidate. The
fact that a corporation, or any other speaker, is willing to spend money
to try to persuade voters presupposes that the people have the ultimate
influence over elected officials. This is inconsistent with any suggestion
that the electorate will refuse to take part in democratic governance
because of additional political speech made by a corporation or any
other speaker.”90
Hasen contends the Court is downplaying the prospect of impropriety
in the Citizens United ruling and that the Court has been inconsistent
in the language it has used on the issue of corruption and influence. He
explains, “in its most important compromise, the Court held that cam-
paign contributions could be limited to prevent corruption or the appear-
ance of corruption, but limits on spending could not be justified by those
same interests due to a lack of evidence that independent spending could
corrupt candidates.”91 Hasen even questioned the inconsistency of the
Court’s language on political corruption in the context of possible for-
eign donations. He wrote, “the Court could state that the threat from
foreign spending influencing U.S. elections is one different in kind than
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The Intersection of Agenda-Setting 147
Discussion
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148 JOURNAL OF INFORMATION POLICY
interference from the media. Also, the money that is needed to fund
the advertising that provides that repeated message exposure is enabled
by the Citizens United ruling. The Buckley v. Valeo ruling paved the way
for this essential money to distribute political speech and this position
was reaffirmed by the Court in its Citizens United ruling. Although the
controversial nature of the Citizens United ruling must be noted with its
5 to 4 Supreme Court decision, it appears that individuals and organi-
zations that are well-funded have an advantaged position for their per-
spective and can use money to facilitate any agenda-setting effect. Again,
similar to social media postings, through advertising the campaigns have
the advantage of controlling the message content, potentially making these
forms of communication uniquely designed to be an effective producer of
an agenda-setting effect.
The emergent issue, then, becomes how an understanding of
agenda-setting theory and its application, specifically in a political
communication context, can be a core mechanism for policy direction.
Information policy and legal adjudications have attempted to provide an
answer to the critical question of whether a balance can be reached on
this dilemma between spending and First Amendment principles. The
opinions on this question may be separated into three types. Those (1) so
bothered by the influence of money that this type of political speech needs
to be regulated even if subverting the First Amendment. Another group
(2) is bothered by the influence of money on political speech, but it is not
enough to overcome the fundamental principle of the First Amendment.
The final group (3) can be thought of as First Amendment absolutists with
there being no legal restrictions on speech and the amount given to candi-
dates, political parties, and PACs. From this perspective, the First Amend-
ment is such a defining principle of the country, it must be said, that any
repercussions from a system of unfettered spending on political speech are
meaningless.
All involved in the political communication process need to understand
the convergence of (1) media organizations content selection and framing
decisions, (2) individuals and organizations with agendas to promote, (3)
technological capabilities of communication platforms to distribute and
retrieve messages, (4) audiences motivated to seek information, and (5)
laws governing election campaign policy. With this article capturing the
changing complexity of the agenda-setting process in an election campaign
context, several opportunities for research emerge.
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The Intersection of Agenda-Setting 149
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150 JOURNAL OF INFORMATION POLICY
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