095.04 SOFA 2004 BOOKLET.Qxp

STATE of the FIRST AMENDMENT 2004 FIRST AMENDMENT CENTER ONLINE firstamendmentcenter.org Your first stop for the First Amendment State of the First Amendment 2004 ©2004 First Amendment Center 1207 18th Ave. S. Nashville, TN 37212 615/727-1600 1101 Wilson Blvd. Arlington, VA 22209 703/528-0800 Project Coordinators: Gene Policinski, Ken Paulson Editorial Director: Christy Mumford Jerding Design: Sonya Watson Graphics and Production: Mark Sandeen Survey conducted by: Center for Survey Research and Analysis at the University of Connecticut Publication: 04-F04 To order: 800/830-3733 or send e-mail to [email protected] Contents I. Foreword . 1 Gene Policinski Executive Director/First Amendment Center II. Analysis Americans appear willing to regulate others’ speech . 7 Paul K. McMasters First Amendment Ombudsman American attitudes about the First Amendment . 10 Conducted by the Center for Survey Research & Analysis at the University of Connecticut III. State of the First Amendment Survey 2004 . 23 IV. Methodology . 43 V. Commentary: From the authors of “Inside the First Amendment” Public: low marks for the nation’s press . 47 Paul K. McMasters First Amendment Ombudsman Freedom takes strong stomach, but many of us have indigestion . 50 Charles C. Haynes Senior Scholar/First Amendment Center Foreword By Gene Policinski Executive Director/First Amendment Center reedom is making a the Sept. 11, 2001, terror comeback — of sorts. attacks and the needs of a F new global war on terror- Nearly two-thirds of ism. Some restrictions on Americans responding to freedoms seemed to prom- the 2004 State of the First ise greater security and safe- Amendment survey dis- ty to a nation shocked by agree with the statement violence at home and that “the First Amendment abroad. goes too far in the rights it guarantees.” In the 2003 survey, the nation appeared to catch its Two years ago, the survey collective breath and recon- I showed virtually a 50-50 sider the balance between split on whether the First security and freedom: 34% Amendment gives us too said the First Amendment much freedom, as gives us too much freedom, Americans grappled with with 60% disagreeing. the immediate aftermath of The First Amendment became part of the U.S. Constitution more than 200 years ago. This is what it 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 about the First Amendment, please tell me whether you agree or disagree with the following statement: The First Amendment goes too far in the rights it guarantees. 1999 16% 12% Strongly agree 2000 10% 12% Mildly agree 2001 29% 10% 2002 41% 8% 2003 19% 15% 2004 19% 11% State of the First Amendment 2004 1 The trend continues this sion or public access to what kind of restrictions year with an additional information — from so- should be permitted — and nine-point swing, to a 30%- called free-speech zones on in recent years, whether 65% split in favor of First campus to the installation our very freedom makes us Amendment freedoms of filters on public library more vulnerable to those despite military action computers to a rising tide who would attack us. overseas and recurring of government secrecy — homeland alerts about pos- increasingly were common. Over time Americans sible domestic terrorist appear able to shake off threats — findings that are The annual surveys have emotions of the moment a return to results typical of shown that few Americans and put free-expression what State of the First — typically 2% or less — issues in perspective. The Amendment surveys found could name unaided all five rebalancing of opinion in the years just before the freedoms in the First about First Amendment terrorist attacks on Sept. 11, Amendment (speech, reli- freedoms is but one exam- 2001. gion, press, assembly and ple. Another from the 2004 petition), but that when survey is that despite the These annual State of the reminded of them, uproar following the Janet First Amendment surveys Americans continued to Jackson breast-baring inci- by the First Amendment hold the concepts in high dent at Super Bowl XXXVI- Center began in 1997 amid regard. II on Feb. 1, nearly six in concerns that the First 10 respondents said just a Amendment was not being The surveys have shown a few months later that the taught in depth in the nation in a vigorous debate nation has about the right nation’s schools and that with itself over how much amount of government reg- restraints on free expres- freedom we should have, ulation of television and 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 of freedom the press has about right? 38% 1997 9% Too much press 50% freedom 53% 1999 7% 37% 51% Too little press 2000 7% freedom 41% 46% 2001 8% About the right 42% amount of press 42% freedom 2002 8% 49% 46% 2003 9% 43% 42% 2004 12% 44% 2 Foreword In your view, who should be primarily responsible for keeping inappropriate television programming away from children: parents, government officials or broadcasters? Government officials 5% Broadcasters 14% Parents Don’t know/ 80% refused to answer 1% radio with regard to sexual- particularly to others — and p.m. time frame to also ly related content. particularly about freedom include late-night and of the press. overnight programs. And despite loud calls for And even though cable more government power to Among key findings in the programming today is punish broadcasters for 2004 survey: exempt from FCC stan- material some find offen- dards applied to broad- sive — and action in · In response to a general casters, 54% would sup- Congress to increase dra- question, 58% said cur- port applying the same matically the fines that can rent government regu- 6 a.m. to 10 p.m. regu- be levied — parents are the lation on broadcast tel- lations to cable televi- overwhelming choice (with evision with regard to sion, with 45% in favor government a distant third) references to sexual of applying such regu- among survey respondents activity is about right; lation around-the- as the primary authority to 16% said there is too clock. keep inappropriate content much and 21% said in the media away from there is too little regu- · Parents, by wide major- children. lation. ity — from 71% to 87% — are seen as having Still, Americans continue to · But when asked more the main responsibility be ambivalent (some would specific questions, 49% to keep children from say contradictory) in their would extend that seeing “inappropriate support for specific free- authority beyond the material” on television, doms as they are applied, existing 6 a.m. to 10 radio, movies or print- State of the First Amendment 2004 3 When you say or hear the Pledge of Allegiance, which includes the phrase “one nation, under God,” do you think of that phrase as primarily a religious statement, or as primarily a statement related to the American political tradition? 2003 2004 Neither Neither 1% 3% Both Both 6% 5% Don’t know/ Don’t know/ refused to refused to answer answer 2% 2% Primarily a religious Primarily a religious Primarily a Primarily a statement statement statement related statement related 18% 19% to the American to the American political tradition political tradition 73% 71% ed material. Survey The 2004 State of the First Even as the House and respondents ranked the Amendment survey found Senate are attempting to content providers — many Americans with a reconcile differing versions programmers, movie resurgent regard for the of legislation to vastly producers or theater overall values of the First increase fines that can be owners and publishers Amendment. But it also levied by the Federal — as the second-most- found many divided and Communications responsible group, with undecided in an increasing- Commission against those government running a ly vocal and visible search who broadcast “indecent” distant third or fourth for the correct balance of programming, program- choice (depending on personal freedom and pub- mers from MTV to TBS are the scenario). lic safety, free expression toning down language and and personal standards, images in response to pub- · Even as 67% of those personal responsibility and lic complaints. responding to the sur- media performance. vey said that the What Thomas Jefferson nation’s educational Americans are engaged in called “the marketplace of system does a fair-to- public debate and legal or ideas,” where Americans poor job of teaching legislative action on issues would debate, discuss and students about the First ranging from a proposed decide issues of democracy, Amendment, 72% dis- constitutional amendment is alive and well and vigor- agreed that a high to allow the banning of ous … with the discussion school student should flag-desecration to the post- being prompted by a bit of be allowed to wear a T- ing of the Ten halftime help from Ms. shirt with a message or Commandments in public Jackson and her “wardrobe picture that might be buildings to the wording of malfunction.” offensive to others. the Pledge of Allegiance. 4 Foreword Analysis Americans appear willing to regulate others’ speech By Paul K. McMasters First Amendment Ombudsman ne theme persists entertainment media, yet over the eight years they are willing to broaden Othat the First government regulation in Amendment Center has that area. conducted the State of the First Amendment survey: Nearly eight in 10 said the In the minds of many press has a government Americans, there is a trou- watchdog role, but four in bling disconnect between 10 said the press has too principle and practice when much freedom.

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