Is SpeechToo Free in the United States?
Is the First Amendment in Danger of Repeal?
In a First Amendment Center/AJR survey, nearly half of those
responding said they think the First Amendment goes too far in the
rights it guarantees. And about the same number said the American
press has been too aggressive in asking government officials for
information about the war on terrorism.
By Ken Paulson
Ken Paulson is executive director of the First Amendment Center
in Nashville, Tennessee.
Fear can short-circuit freedom.
From Abraham Lincoln's suspension of civil liberties during the
Civil War to the internment of Japanese-Americans in World War II
to the McCarthyism of the 1950s, our nation sometimes has lost sight
of its commitment to freedom. Fear does that.
Little wonder, then, that security concerns and civil liberties
have been both discussed and debated since the terrorist attacks
of September 11. Is our society too free for its own good? Can we
be free and safe? Are we willing to trade some personal freedoms
for greater personal security? And how do we feel about the extensive
rights contained in the First Amendment?
At the First Amendment Center,
we conduct an annual survey of Americans' attitudes toward
the First Amendment. This year, we joined with AJR to take
a closer look at how the nation sees the First Amendment after
the terrorist attacks, particularly when it comes to the role
of a free press and access to public information.
Among the key findings:
• For the first time in our polling, almost half of those
surveyed said they think the First Amendment goes too far
in the rights it guarantees. About 49 percent said it gives
us too much freedom, up from 39 percent last year and 22 percent
the year befoe that.
• The least popular First Amendment right is freedom of the press,
with 42 percent saying the press in America has too much freedom,
roughly the same level as last year.
In the past, the results have been fairly consistent, if a bit
disquieting. Each year, a majority of Americans have said they would
restrict public remarks that might offend people of other faiths
or races. About half of those surveyed have said they would restrict
the public display of potentially offensive art. Almost four Americans
in 10 have told us they would limit the public performance of music
that might offend others.
During the five-year period in which we've conducted the survey
with the Center for Survey Research and Analysis at the University
of Connecticut, we've seen willingness by many to exchange a little
liberty for less interpersonal conflict. There's been growing support
to limit expression when it insults others, the codification of
political correctness. It sometimes appears that the land of the
free is now the home of the easily offended.
But now the stakes have risen. In the wake of September 11, Americans
are afraid of more than just being offended. The results of our
YEAR 5 survey suggest that many Americans view these fundamental freedoms
as possible obstacles in the war on terrorism.
That's not to suggest a monolithic response to these core First
Amendment values. In truth, Americans are of multiple minds about
the 45 words drafted by James Madison. While a majority of respondents
say they respect the First Amendment, a significant percentage seems
inclined to rewrite it:
• More than 40 percent of those polled said newspapers should not
be allowed to freely criticize the U.S. military's strategy and
performance.
• Roughly half of those surveyed said the American press has been
too aggressive in asking government officials for information about
the war on terrorism.
• More than four in 10 said they would limit the academic freedom
of professors and bar criticism of government military policy.
• About half of those surveyed said government should be able to
monitor religious groups in the interest of national security, even
if that means infringing upon religious freedom.
• More than four in 10 said the government should have greater
power to monitor the activities of Muslims living in the United
States than it does other religious groups.
Clearly, the terrorist attacks have taken a toll. Principles that
sound good in the abstract are a little less appealing when your
greatest fear is getting on an airplane.
It's not entirely surprising that many Americans have second thoughts
about the First Amendment, particularly during a time of crisis.
After all, it was designed to protect minority viewpoints and faiths.
That can be difficult to remember when there's an overwhelming public
call for unity. Some have little patience with dissent.
Still, there are signs that Americans do appreciate the fruits
of First Amendment freedoms, particularly access to information.
At a time of great national unease, we all want to know more about
the threats we face. Information is the best antidote for anxiety.
About 40 percent of those surveyed said they have too little access
to information about the government's war on terrorism, compared
with just 16 percent who believe there's too much. Forty-eight percent
of those surveyed believe there's too little access to government
records, compared with just 8 percent who believe there's too much.
While many Americans believe that we have too much freedom under
the First Amendment and that the nation's news media have too many
privileges, they understand and appreciate the value of news and
information.
The goal for all who support First Amendment freedoms--particularly
those who work for a free press--should be to demonstrate how the
unfettered flow of ideas enriches our lives and bolsters our collective
security. Information gives us insight and the power to make reasoned
decisions at a difficult time.
It's ironic that many Americans have doubts about these fundamental
freedoms in the wake of the terrorist attacks.
When President Bush addressed the nation last September 20, he
cautioned us that "freedom and fear are at war." He noted that the
terrorists targeted the United States because we embrace liberty.
"The terrorists hate our freedoms: our freedom of religion, our
freedom of speech, our freedom to vote and assemble and disagree
with each other," the president told us.
In other words, the terrorists view our personal liberties with
contempt and see them as a weakness.
The challenge for all Americans--today more than ever--is to truly
embrace the freedoms of the First Amendment and show just how strong
we really are.
The First Amendment Center/AJR Poll on the First Amendment was
conducted by the Center for Survey Research and Analysis at the
University of Connecticut. A random national sample of 1,000 adults
18 and over were interviewed between June 12 and July 5. Sampling
error is + or - 3 percent at the 95 percent confidence level. For
smaller groups the sampling error is slightly higher. Weights were
assigned to reflect characteristics of the population. Totals may
not equal 100 percent due to rounding. Not all questions are asked
every year.
Poll Results Follow
Can you name any of the specific rights that are guaranteed
by the First Amendment?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| freedom of the press |
11% |
12% |
12% |
14% |
14% |
| freedom of speech |
49% |
44% |
60% |
59% |
58% |
| freedom of religion |
21% |
13% |
16% |
16% |
18% |
| right to petition |
2% |
2% |
2% |
1% |
2% |
| right of assembly |
10% |
8% |
9% |
10% |
10% |
| other |
7% |
6% |
12% |
14% |
19% |
| don't know/refused to answer |
N/A |
N/A |
37% |
36% |
35% |
The First Amendment says: "Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press, or the right
of the people peaceably to assemble, and to petition the Government
for a redress of grievances."
Based on your own feelings, please tell whether you agree or
disagree with the following statement: The First Amendment goes
too far in the rights it guarantees.
| |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
16% |
10% |
29% |
41% |
| mildly agree |
12% |
12% |
10% |
8% |
| mildly disagree |
22% |
26% |
19% |
15% |
| strongly disagree |
45% |
48% |
39% |
32% |
| don't know/refused |
5% |
5% |
3% |
3% |
The U.S. Constitution protects certain rights, but not everyone
considers each right important. How important is it that you have
the right..
..to speak freely about whatever you want?
| |
YEAR 1 |
YEAR 5 |
| essential |
72% |
75% |
| important |
27% |
23% |
| not important |
1% |
2% |
| don't know/ref. |
0% |
1% |
..to be informed by a free press?
| |
YEAR 1 |
YEAR 5 |
| essential |
60% |
68% |
| important |
33% |
26% |
| not important |
6% |
5% |
| don't know/ref. |
1% |
1% |
..to privacy?
| |
YEAR 1 |
YEAR 5 |
| essential |
78% |
81% |
| important |
21% |
18% |
| not important |
1% |
1% |
| don't know/ref. |
0% |
0% |
..to practice the religion of your choice?
| |
YEAR 1 |
YEAR 5 |
| essential |
81% |
83% |
| important |
18% |
15% |
| not important |
1% |
2% |
| don't know/ref. |
0% |
0% |
..to practice no religion?
| |
YEAR 1 |
YEAR 5 |
| essential |
66% |
69% |
| important |
24% |
20% |
| not important |
9% |
8% |
| don't know/ref. |
1% |
3% |
..to assemble, march, protest or petition the government?
| |
YEAR 1 |
YEAR 5 |
| essential |
56% |
61% |
| important |
36% |
31% |
| not important |
7% |
8% |
| don't know/ref. |
1% |
0% |
..to own firearms?
| |
YEAR 1 |
YEAR 5 |
| essential |
33% |
48% |
| important |
31% |
31% |
| not important |
33% |
20% |
| don't know/ref. |
3% |
2% |
Do you agree or disagree with the following statements?
People should be allowed to express unpopular opinions.
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
68% |
58% |
69% |
74% |
67% |
| mildly agree |
22% |
28% |
26% |
19% |
27% |
| mildly disagree |
5% |
8% |
2% |
3% |
4% |
| strongly disagree |
4% |
5% |
3% |
2% |
2% |
| don't know/refused |
1% |
1% |
0% |
1% |
0% |
People should be allowed to say things in public that might
be offensive to religious groups.
| |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
22% |
25% |
29% |
| mildly agree |
24% |
22% |
28% |
| mildly disagree |
15% |
16% |
14% |
| strongly disagree |
38% |
35% |
28% |
| don't know/refused |
1% |
3% |
2% |
Musicians should be allowed to sing songs with lyrics that
others might find offensive
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
23% |
27% |
32% |
34% |
31% |
| mildly agree |
28% |
29% |
27% |
27% |
26% |
| mildly disagree |
16% |
15% |
12% |
9% |
14% |
| strongly disagree |
31% |
26% |
28% |
28% |
27% |
| don't know/refused |
3% |
4% |
2% |
2% |
2% |
People should be allowed to say things in public that might
be offensive to racial groups.
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
8% |
8% |
15% |
16% |
14% |
| mildly agree |
15% |
13% |
17% |
18% |
20% |
| mildly disagree |
14% |
16% |
15% |
15% |
16% |
| strongly disagree |
61% |
62% |
52% |
49% |
48% |
| didn't know/refused |
2% |
1% |
1% |
2% |
1% |
People should be allowed to display in a public place art that
has content that might be offensive to others.
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
20% |
17% |
22% |
24% |
22% |
| mildly agree |
24% |
24% |
24% |
26% |
24% |
| mildly disagree |
22% |
24% |
17% |
16% |
22% |
| strongly disagree |
31% |
33% |
34% |
31% |
30% |
| don't know/refused |
4% |
2% |
4% |
3% |
2% |
Even though the U.S. Constitution guarantees freedom of speech,
government has placed some restrictions on it.
Overall, do you think Americans have too much freedom to speak
freely, too little freedom to speak freely, or is the amount about
right?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| too much freedom |
10% |
12% |
11% |
12% |
10% |
| too little freedom |
18% |
26% |
25% |
26% |
21% |
| about right |
68% |
59% |
62% |
61% |
67% |
| don't know/refused |
4% |
3% |
2% |
2% |
1% |
Even though the U.S. Constitution guarantees freedom of the press,
government has placed some restrictions on it.
Overall, do you think that Americans have too much press freedom,
too little press freedom, or is the amount about right?
| |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| too much freedom |
31% |
40% |
36% |
33% |
| too little freedom |
17% |
14% |
13% |
13% |
| about right |
49% |
43% |
47% |
51% |
| don't know/refused |
4% |
3% |
4% |
2% |
Some people believe that the media has too much freedom to publish
whatever it wants. Others believe there is too much government censorship.
Which of these beliefs lies closest to your own?
| |
YEAR 1 |
YEAR 5 |
| too much media freedom |
41% |
42% |
| too much gov. censorship |
36% |
32% |
| neither |
12% |
15% |
| both |
7% |
8% |
| don't know/refused |
4% |
4% |
Overall, do you think the press in America has too much freedom
to do what it wants, too little freedom to do what it wants, or
is the amount about right?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| too much freedom |
38% |
42% |
51% |
46% |
42% |
| too little freedom |
9% |
8% |
7% |
8% |
8% |
| about right |
50% |
48% |
41% |
42% |
49% |
| don't know/refused |
3% |
3% |
2% |
3% |
1% |
Newspapers should be allowed to publish freely without government
approval of a story.
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
56% |
38% |
54% |
53% |
43% |
| mildly agree |
24% |
27% |
22% |
22% |
26% |
| mildly disagree |
11% |
14% |
9% |
10% |
16% |
| strongly disagree |
6% |
18% |
11% |
13% |
11% |
| don't know/refused |
3% |
3% |
3% |
2% |
3% |
Newspapers should be allowed to freely criticize the U.S military
about its strategy and performance.
| |
YEAR 5 |
| strongly agree |
33% |
| mildly agree |
24% |
| mildly disagree |
18% |
| strongly disagree |
24% |
| don't know/refused |
1% |
Some people feel that the U.S. Constitution should be amended to
make it illegal to burn or desecrate the American flag as a form
of political dissent. Others disagree.
Do you think the U.S. Constitution should or should not be
amended to prohibit burning or desecrating the American flag?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| should not |
49% |
48% |
51% |
59% |
51% |
| should* |
49% |
51% |
46% |
39% |
46% |
| d.k./refused |
2% |
1% |
3% |
2% |
2% |
*(For those who responded "should"): If an amendment prohibiting
burning or desecrating the American flag were approved, it would
be the first time any of the freedoms in the First Amendment have
been amended in over 200 years.
Knowing this, would you still support an amendment to prohibit
burning or desecrating the American flag?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| yes |
88% |
90% |
87% |
81% |
83% |
| no |
9% |
8% |
12% |
15% |
15% |
| d.k./refused |
3% |
2% |
1% |
4% |
2% |
Do you think Americans have too much, too little, or just about
the right amount of access to government records?
| |
YEAR 1 |
YEAR 5 |
| too much |
7% |
8% |
| too little |
48% |
48% |
| just about the right amount |
30% |
38% |
| don't know/refused |
15% |
5% |
Do you think Americans have too much, too little, or just about
the right amount of access to information about the federal government's
war on terrorism?
| |
YEAR 5 |
| too much |
16% |
| too little |
40% |
| just about the right amount |
38% |
| don't know/refused |
6% |
Do you think Americans have too much, too little, or just about
the right amount of access to personal information about you?
| |
YEAR 5 |
| too much |
60% |
| too little |
3% |
| just about the right amount |
33% |
| don't know/refused |
3% |
Do you agree or disagree with this statement: "In covering
the war on terrorism, the American press has been too aggressive
in asking government officials for information."
| |
YEAR 5 |
| strongly agree |
29% |
| mildly agree |
19% |
| mildly disagree |
23% |
| strongly disagree |
26% |
| don't know/refused |
3% |
For each, please tell whether you agree or disagree that citizens
should have access to such information.
...Police reports of crimes committed in the local community
| |
YEAR 5 |
| strongly agree |
65% |
| mildly agree |
23% |
| mildly disagree |
5% |
| strongly disagree |
6% |
| don't know/refused |
1% |
...The names of persons arrested for committing crimes in the
local community, and the crimes for which they are being charged
| |
YEAR 5 |
| strongly agree |
54% |
| mildly agree |
26% |
| mildly disagree |
10% |
| strongly disagree |
8% |
| don't know/refused |
1% |
...The names of sex offenders that are registered with the
local sheriff's office or police department
| |
YEAR 5 |
| strongly agree |
81% |
| mildly agree |
13% |
| mildly disagree |
3% |
| strongly disagree |
3% |
| don't know/refused |
0% |
...Transcripts of city council meetings
| |
YEAR 5 |
| strongly agree |
72% |
| mildly agree |
21% |
| mildly disagree |
3% |
| strongly disagree |
2% |
| don't know/refused |
1% |
...The records of health inspections conducted at local restaurants
| |
YEAR 5 |
| strongly agree |
83% |
| mildly agree |
13% |
| mildly disagree |
2% |
| strongly disagree |
1% |
| don't know/ref. |
0% |
...Employment records, including salary and benefits, of local
school officials
| |
YEAR 5 |
| strongly agree |
43% |
| mildly agree |
30% |
| mildly disagree |
15% |
| strongly disagree |
11% |
| don't know/refused |
2% |
...Records of local government officials' expense accounts
| |
YEAR 5 |
| strongly agree |
65% |
| mildly agree |
21% |
| mildly disagree |
8% |
| strongly disagree |
4% |
| don't know/refused |
1% |
...Local real estate records, including the sale price,assessed
value and taxes paid on all residential homes
| |
YEAR 5 |
| strongly agree |
43% |
| mildly agree |
29% |
| mildly disagree |
16% |
| strongly disagree |
12% |
| don't know/refused |
1% |
Overall, how would you rate the job that the American educational
system does in teaching students about the First Amendment?
| |
YEAR 1 |
YEAR 5 |
| excellent |
. 5% |
. 5% |
| good |
.25% |
. 26% |
| fair |
.39% |
. 35% |
| poor |
.24% |
.28% |
| don't know/refused |
7% |
.6% |
Many college and university professors currently have the academic
freedom to take controversial stands in their classrooms and to
publish controversial materials in books and journals.
Would you favor or oppose restrictions on the academic freedom
of professors to criticize government/military policy during times
of war?
| |
YEAR 5 |
| favor strongly |
22% |
| favor mildly |
19% |
| oppose mildly |
24% |
| oppose strongly |
32% |
| don't know/refused |
3% |
Even though the U.S. Constitution guarantees freedom of religion,
government has placed some restrictions on it.
Overall, do you think Americans have too much religious freedom,
too little religious freedom, or is the amount about right?
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| too much freedom |
6% |
8% |
5% |
4% |
6% |
| too little freedom |
21% |
26% |
29% |
32% |
20% |
| about right |
71% |
63% |
63% |
62% |
70% |
| don't know/refused |
2% |
3% |
3% |
2% |
4% |
Do you agree or disagree with the following statement:
Government officials should be allowed to post the Ten Commandments
inside government buildings.
| |
YEAR 5 |
| strongly agree |
52% |
| mildly agree |
18% |
| mildly disagree |
12% |
| strongly disagree |
16% |
| don't know/refused |
2% |
Overall, do you think that students in public schools have
too much religious freedom, too little religious freedom, or about
theright amount while at school?
| |
YEAR 1 |
YEAR 5 |
| too much |
3% |
3% |
| too little |
53% |
53% |
| just about right amount |
40% |
40% |
| don't know/refused |
4% |
4% |
In the interest of national security, government should be
able to monitor religious groups even if that means infringing upon
the religious freedom of the group's members.
| |
YEAR 5 |
| strongly agree |
25% |
| mildly agree |
23% |
| mildly disagree |
19% |
| strongly disagree |
28% |
| don't know/refused |
5% |
In light of the government's war on terrorism in response to the
World Trade Center attacks, some people think that the government
should have more power to monitor the activities of Muslims legally
living in the United States than it has to monitor other religious
groups. Others say that monitoring Muslims more closely than others
would violate the Muslims' right to free exercise of their religion.
Which of these comes closest to your own opinion?
| |
YEAR 5 |
| government should have more power to
monitor Muslims than others |
42% |
| treating Muslims differently violates
their free exercise rights |
50% |
| don't know/refused |
8% |
Any group that wants to should be allowed to hold a rally for
a cause or issue even if it may be offensive to others in the community.
| |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 1 |
YEAR 5 |
| strongly agree |
38% |
30% |
34% |
40% |
33% |
| mildly agree |
34% |
32% |
32% |
25% |
34% |
| mildly disagree |
10% |
16% |
12% |
11% |
13% |
| strongly disagree |
15% |
20% |
19% |
22% |
18% |
| don't know/refused |
3% |
3% |
4% |
2% |
2% |
Muslims should be allowed to hold a rally for a cause or issue
even if it may be offensive to others in the community.
| |
YEAR 5 |
| strongly agree |
30% |
| mildly agree |
36% |
| mildly disagree |
12% |
| strongly disagree |
19% |
| don't know/refused |
3% |
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