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
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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. it comes to First Amend- ment rights and values. A majority said that speech offensive to religious groups II Americans in significant should be allowed, but numbers appear willing to speech offensive to racial regulate the speech of those groups should not be they don’t like, don’t agree allowed. with or find offensive. Many would too casually Most said students do not breach the wall between have enough religious free- church and state. There is, dom in public schools, but in these surveys, solid evi- 72% would not allow a stu- dence of confusion about, if dent to wear a T-shirt with not outright hostility an offensive message or pic- toward, core First Amend- ture. ment rights and values. This year’s survey directed a The 2004 State of the First number of questions Amendment survey pres- toward the measurement of ents yet another variation public attitudes about issues on the theme. in today’s headlines: the effort to amend the By a large majority, Constitution to ban flag- Americans say parents bear burning; proposals to the primary responsibility expand regulation of so- for protecting their children called indecent material in from sexual material in the the media; attempts by gov-
State of the First Amendment 2004 7 ernment officials and pri- veys. But in the 2004 State away from children, 87% vate advocates to lower the of the First Amendment said parents for printed “wall of separation between survey — when asked if material, 81% for television church and state”; and they would amend the U.S. programming, 77% for scandals involving made-up Constitution for such a ban radio programming, and stories and facts at major — 53% said they would 71% for movies. news organizations. not. When the 45% who supported the amendment Media executives were a The flag-desecration were asked whether they distant second, ranging amendment poses one of would still support the from 10% to 24%, and gov- the greatest challenges ever amendment if they knew it ernment officials were an to the First Amendment. would be the first time in even more distant third, The Supreme Court has our history that the Bill of with 5% or less in each of struck down legislative Rights would be changed, the categories. bans on flag burning or 16% switched to the oppo- desecration each time it has sition column. Despite these findings, 21% taken up the issue. The of the survey respondents House of Representatives A series of new questions in said there is too little regu- has passed the proposed this year’s polling produced lation of television pro- amendment four times in some fascinating findings gramming and 18% for recent years, but Senate about sexual material in radio programming. votes have fallen just short the entertainment media. Further, healthy majorities of the two-thirds majority Following the sensational thought government offi- needed to send it directly fallout from singer Janet cials should regulate refer- to the state legislatures for Jackson’s partially exposed ences to sexual activity in ratification. breast during the halftime both daytime and night- show of the Super Bowl, time hours for broadcast That slim margin may not advocacy groups pressured television and radio pro- be there this year, however. the Federal Communic- gramming. More strikingly, The House has sent the ations Commission and 55% said that it would be amendment to the Senate Congress to rein in the all right for government to once again. But during an media’s perceived excesses similarly regulate cable pro- election year and a time of by enacting tougher laws, gramming, something the national distress over the strengthening regulation FCC has not yet attempted war on terrorism, including and dramatically increasing to do because of First fighting in Iraq and fines for indecent program- Amendment concerns. Afghanistan, opponents of ming. the amendment may not A final irony in the enter- prevail this time. This survey offers evidence, tainment indecency find- Ratification would be however, that a large ings: While most almost certain, and the majority of Americans Americans said parents bear First Amendment and the believe that parents, not primary responsibility for expression that it protects government, should be protecting children from would be changed radically. shielding children from sexual material, many par- such material. When asked ents are not using the V- Proponents of the amend- who should be primarily chip to help do that. This ment cite overwhelming responsible for keeping technology, required in all public support in some sur- inappropriate material new television sets begin-
8 Analysis ning four years ago, allows post the Ten Command- Another goal was to identi- parents to block certain ments in public buildings. fy areas where more educa- programming. When asked tion was needed. whether TV sets in their A number of questions the homes were equipped with survey has posed repeatedly The schools haven’t been the V-chip, only 35% said since 1997 indicate how much help, apparently. yes. Of those, only 24% wary some Americans can Two-thirds of Americans were using it to block some be about the notion of “too gave them low grades, say- programs. much freedom” — ing they have done a “poor” or “fair” job in Although the issue of · 30% said the First teaching students about the whether to remove “one Amendment goes too First Amendment. Only 7% nation under God” from far in the rights it guar- said the schools have done the Pledge of Allegiance has antees; although this is an excellent job. been much in the news the a significant drop from last year, public opinion did the 49% spike in 2002 So the educational chal- not change from the previ- (apparently related to lenge is great. Just how ous year. The U.S. Supreme fear and concern in the great is reflected in how Court accepted a case chal- wake of Sept. 11, 2001), poorly Americans do when lenging the phrase but three in 10 is still an asked to name the five fun- failed to decide the direct unsettling number. damental freedoms the First issue. Nevertheless, seven in Amendment guarantees. 10 Americans said that the · 42% said the “press in Freedom of speech was the phrase does not violate the America has too much most frequent response, but constitutional principle of freedom,” although even then only 58% could separation between church that number dropped cite it. The recognition or and state. Interestingly, to 36% when the ques- recall of First Amendment only 19% considered it a tion is whether freedoms slides steeply religious statement; 71% “Americans have too down hill from there: 17% viewed it as primarily a much press freedom.” are able to list religion, 15% statement related to the press and 10% assembly. American political tradi- · 41% disagreed with the Only one in 100 Americans tion. statement that newspa- could name petition. pers should be allowed A 62% majority endorsed to freely criticize the the idea of sending students U.S. military. to religious or other private schools using vouchers or When the First Amendment credits provided by taxpay- Center began sampling ers. When asked about public attitudes toward First using government money Amendment freedoms eight to fund drug-abuse preven- years ago, the goal was to tion programs run by reli- confirm, dispel or elucidate gious institutions or perceptions about the First churches, 66% said they Amendment and to provide would approve. And 68% data and track trends for said that government offi- scholars, policy-makers, cials should be allowed to advocates and others.
State of the First Amendment 2004 9 American attitudes about the First Amendment By the Center for Survey Research & Analysis at the University of Connecticut
Overview How cherished are our First vey. Along with asking a Amendment guarantees? To number of important new date, only a handful of questions, the 2004 survey he First Amendment detailed and comprehen- sought to trace trends in to the U.S. sive surveys on issues per- public attitudes over time Constitution has T taining to the First by repeating some of the long been considered a fun- Amendment have ever more important questions damental pillar in the been conducted. Few, if asked in previous surveys. American scheme of any, of those surveys follow ordered liberties, and a the state of the First This report presents the guiding influence in Amendment over an findings from the 2004 sur- American life. Those on all extended period of time. vey and includes notewor- sides of the political spec- While some civil libertari- thy comparisons from trum hail its guarantees of ans contend that First seven earlier polls (one protection for the individ- Amendment freedoms are from 1997, two from 1999, ual from government cen- being threatened on a daily and four more conducted sorship and official efforts basis, others believe the annually over the past to curb reasonable and fair First Amendment enjoys three years). Although the dissent. Of course at vari- unprecedented strength in First Amendment itself ous times in our nation’s the American constitution- encompasses numerous history, some of the al system. specific rights (including amendment’s provisions the right of people to have come into conflict Since 1997, the First peaceably assemble and to with what many perceive Amendment Center has petition the government), to be national security sought to discover we targeted for intensive interests. In the minds of American attitudes toward study the freedoms of some, the terrorist attack of the First Amendment by speech and press, as well as Sept. 11, 2001, led some asking a series of questions the freedom of religion. federal government officials designed to evaluate both to subordinate civil liberties general and specific First Recent revelations that in the name of fighting a Amendment issues. For the reporters in The New York heightened war on terror- third consecutive year, the Times and other newspa- ism. The broadcast media’s First Amendment Center pers falsified stories have inundation of the airwaves has been joined by gotten considerable atten- with material that may be American Journalism Review tion. The 2004 survey con- inappropriate to children in this effort. Together, sidered the degree to which also has been the subject of they commissioned the those problems have influ- recent controversy. Devices Center for Survey Research enced perceptions of local such as the v-chip allow & Analysis at the media. Has the falsifying or parents to monitor materi- University of Connecticut making up of stories bec- als viewed at home. to conduct this year’s sur- ome a widespread problem?
10 Analysis The v-chip and other forms burning as a means of posting of the Ten of technology now make it political dissent be pro- Commandments vio- possible for parents to regu- tected under the late the separation of late media to their children. Constitution? powers? What about Should it be their responsi- vouchers and faith- bility? Are government reg- · Is it important that the based drug-abuse pre- ulations of the media justi- news media act as a vention programs? fied when applied to broad- watchdog on govern- cast media in the daytime ment? Have recent rev- The First Amendment and early evening, when elations about the falsi- Center/American Journalism children are most likely to fication of news stories Review poll on the First be tuning in? The 2004 sur- in The New York Times Amendment was conducted vey paid special attention and elsewhere under- under the supervision of to these as well other issues mined the people’s the Center for Survey concerning the status of the trust in their own local Research & Analysis at the First Amendment. media? Is such falsifica- University of Connecticut. tion of stories consid- A random sample of 1,002 Specifically, the 2004 survey ered a widespread prob- national adults age 18 and addressed the following lem? Overall, do the over were interviewed issues: media enjoy too much between May 6 and June 6, freedom to publish? 2004. Sampling error is · Do Americans know ±3.1% at the 95% confi- the freedoms guaran- · Should government dence level. For smaller teed to them by the officials have the power groups, the sampling error First Amendment? Does to regulate basic televi- is slightly higher. Weights the American educa- sion, cable television, were assigned to reflect the tional system do a good and radio program- characteristics of the adult enough job teaching ming that contain ref- U.S. population. A more students about these erences to sexual activi- detailed description of the freedoms? ty? At what times of methodology is located in the day should such Appendix B. · Are Americans general- regulations be allowed? ly satisfied with current Who should be respon- levels of First Amend- sible for keeping inap- Summary of ment freedom afforded propriate print or to individuals in socie- broadcasted materials findings ty, or is there a sense away from children? Is that there is overall too the v-chip being used? Here are some specific find- much or too little of ings from the 2004 study: these freedoms in · What role should reli- America? gion play in public · 30% of those surveyed schools? Do students agreed that the First · Should people be have too much reli- Amendment goes too allowed to say offensive gious freedom while far in the rights it guar- things in public? they’re at school? Do antees, a slight drop Should musicians be practices such as the from the 2003 survey allowed to sing offen- recitation of the Pledge (when 34% thought it sive songs? Should flag of Allegiance and the went too far) and a sig-
State of the First Amendment 2004 11 nificant drop from the prohibit flag burning, · Significant majorities 2002 survey (when 8% more than those of Americans said par- 49% agreed that the who supported the ents should be primari- First Amendment went amendment. Three ly responsible for keep- too far). College gradu- years ago, the gap was ing inappropriate ates and young adults much greater, when materials away from were among the more 59% opposed the children, whether it is likely subgroups to dis- amendment against a distributed in the form agree that the First 39% level of support. of printed materials, Amendment goes too television, radio, or far. More than 70% · even movies shown in opposed allowing pub- theaters. · Fewer than six in 10 lic school students to surveyed were able to wear T-shirts with · More than half of those name freedom of potentially offensive surveyed said the gov- speech as a specific messages or pictures. ernment should be able right guaranteed by the to aggressively monitor First Amendment. No Support for increased · religious groups as part other right was named government regulation of the war on terror- by even one in five of entertainment pro- ism. Americans. Addition- gramming was limited. ally, dissatisfaction Nearly six in 10 · Seven in 10 said that with First Amendment Americans said they requiring students to education is on the were satisfied with the say the Pledge of rise. Such dissatisfac- current amount of reg- Allegiance does not tion rose from last ulation. A majority violate the Constit- year’s survey, when less favored government ution, and almost the than 30% rated it as regulation of materials same number said the “poor.” In the 2004 sur- containing references phrase “one nation vey, 35% rated it as to sexual activity dur- under God” within the “poor.” ing daytime and early Pledge is primarily a evening hours, whether statement about the A majority (54%) it is in the form of · American political tra- agreed that people broadcast television, dition. should be allowed to cable television or say things in public radio programming. · More than six in 10 that might be offensive supported the posting to religious groups. By 62% of the public · of the Ten Command- comparison, 35% favored applying the ments inside govern- agreed that people “do not call” registry to ment buildings, gov- should be allowed to charities and nonprofit ernment vouchers that say things that might organizations. Less can be used to attend be offensive to racial than a quarter of those religious schools and groups. whose televisions had a faith-based drug abuse v-chip said they use it prevention programs. · 53% of those surveyed to monitor programs. opposed amending the U.S. Constitution to
12 Analysis rated it that low in General orientations · Just 58% of those sur- 2002 and 2003, and veyed were able to toward the First 24% who rated it as name freedom of poor in 2001. Amendment speech as one of the specific rights guaran- In every survey conducted Highlights: teed by the First since 1999, the First Amendment. Still, no Amendment Center has · 30% of those surveyed other right was named investigated the public’s in 2004 indicated that by even one in five overall perceptions of the the First Amendment respondents, and free- First Amendment. Do goes too far in the dom of the press was Americans respond positive- rights it guarantees. identified by just 15% ly or negatively to its That’s slightly less than of those surveyed. the 34% who respond- words? More specifically, do Americans think the First ed that way in 2003, · Americans expressed Amendment “goes too far and a significant drop greater satisfaction in the rights it guarantees”? from the 49% in the with current levels of 2002 survey. Mean- free speech and religion In the 2004 survey, 65% of while, 65% disagreed than with current lev- those surveyed disagreed that the First Amend- els of press freedom. with the premise that the ment goes too far, the While less than half First Amendment goes too highest percentage (46%) indicated the far, more than twice the recorded since 2000, nation currently has percentage (30%) that and an 18-point jump the right amount of agreed with that premise. from two years ago. press freedom, 60% said This represents the highest we have the right level of general satisfaction · Education is a key fac- amount of free speech registered with the First tor in determining lev- and 64% said we have Amendment since 2000, els of public satisfac- the right amount of when 74% disagreed with tion with the First religious freedom. the statement that the First Amendment. Those Interestingly, 28% said Amendment goes too far. respondents who grad- Americans have too lit- Even more stark, the 65% uated from college are tle freedom to speak figure represents an 18- significantly more like- freely, the highest per- point jump in disagreement ly (77%) to disagree centage in the last from 2002, when 47% said with the premise that seven surveys. the First Amendment the First Amendment goes too far in the rights it guar- goes too far than those · Dissatisfaction with antees. who never advanced First Amendment edu- beyond high school cation practices rose: “The First Amendment (57%). Young adults 35% rated the became part of the U.S. aged 18-30 (74%) are American educational Constitution more than 200 also more likely to dis- system as “poor” in years ago. This is what it agree that the First teaching students about says: ‘Congress shall make no Amendment goes too First Amendment free- law respecting an establish- far than do senior citi- doms, compared with ment of religion or prohibiting zens (47%). less than 30% who the free exercise thereof, or
State of the First Amendment 2004 13 abridging the freedom of name even one right veyed (46%) said Americans speech or of the press, or the afforded to them under the have the right amount of right of the people peaceably First Amendment to the that freedom, and 36% said to assemble, and to petition U.S. Constitution. Americans have too much the government for a redress press freedom — more than of grievances.’ Based on your Among the various free- twice the percentage indi- own feelings about the First doms contained within the cating that there is too lit- Amendment, please tell me First Amendment, the pub- tle of such freedom. When whether you agree or disagree lic generally registers far phrased as a freedom that with the following statement: greater satisfaction with belongs to the press (as The First Amendment goes freedom of speech and free- opposed to Americans), dis- too far in the rights it guaran- dom of religion than it satisfaction increases even tees.” does with freedom of the further: 42% of respon- press. The majority of dents said that the press Education is a key determi- respondents (64%) said the has too much freedom to nant of satisfaction with religious freedom afforded do what it wants. Of those the First Amendment: 77% to Americans under the with a college education, of those who attended col- Constitution is “about 28% felt the press has too lege or beyond disagreed right,” and six in 10 were much freedom. with the premise that the similarly satisfied with their First Amendment goes too current amount of freedom Additionally, respondents far in the rights it guaran- to speak freely. If anything, exhibited increased levels tees, as compared to 57% Americans would prefer of frustration with the among those who never even more freedom in this overall quality of First advanced beyond high regard. Almost four times Amendment education. school. Meanwhile, funda- as many people said Specifically, 35% rated the mentalist/evangelicals Americans have too little educational system as (41%) and senior citizens religious freedom (27%) as “poor” in teaching students (44%) were far more likely think they have too much about First Amendment than the general public to religious freedom (7%). freedoms. By contrast, less agree that the First Meanwhile, 28% indicated than 30% rated it as poor Amendment goes too far. Americans have too little in the previous three years freedom to speak freely, of the survey, with not Recognition for First compared to 11% who said even a quarter (24%) of Amendment rights other they receive too much of respondents ranking it as than freedom of speech was such freedom. poor in 2001. low. While 58% were able to identify freedom of Not surprisingly, greater speech as a specific right amounts of religious free- Freedom of speech guaranteed by the First dom are especially favored Amendment, not even one by fundamentalist/evangel- Highlights: in five respondents could icals, 37% of whom said name any other right, there is too little such free- · Not all forms of contro- including freedom of the dom. (By contrast, 16% of versial speech draw sig- press (15%), freedom of Catholics felt that way). nificant levels of sup- religion (17%) and the port from Americans. A right of free assembly As for freedom of the press, majority (54%) agreed (10%). And 35% could not less than half of those sur-
14 Analysis that people should be freedom they have to (52% said they would not allowed to say things in express themselves is support such a right). public that might be about right. offensive to religious Meanwhile, when it comes groups. By contrast, · A substantial majority to speech that might be 35% said people should (72%) opposed allow- offensive to racial groups, be allowed to say ing public school stu- there is no split in public things that might be dents to wear a T-shirt opinion. The public over- offensive to racial with a potentially whelmingly opposed such groups. offensive message or speech by a margin of 63% picture, with a majority to 35%, with nearly half · Nearly six in 10 agreed saying they strongly (49%) strongly disagreeing that musicians should disagree with that with that right. Here too, be allowed to sing right. education plays a signifi- songs with lyrics that cant role in explaining lev- others might find Although Americans con- els of tolerance. Almost offensive; 38% dis- tinue to exhibit strong sup- three in four (74%) of those agreed with that right. port for the freedom of surveyed who never speech in the abstract, a sig- advanced beyond high · 53% opposed amending nificance percentage of the school disagreed with the the U.S. Constitution to public still exhibits a reluc- right to say things that may prohibit flag burning, tance to extend protection be offensive to racial as compared to 45% to some forms of controver- groups, while less than half who said they favor sial speech, including those (46%) of those who gradu- such an amendment. which offend various ated college were opposed Three years ago, before groups. For example, while to that right. Thus while the events of Sept. 11, nearly six in 10 said they the less educated lead the 59% opposed a flag- support the right of musi- way in opposition, the burning amendment, cians to sings songs that more educated are almost significantly more than may have offensive lyrics, split on whether such free the 39% who favored 38% disagreed with that speech rights should be an amendment at that right, and more than a allowed. time. Of the various quarter (26%) strongly dis- subgroups surveyed, agreed with that right. For the fifth consecutive fundamentalist/evan- year, a majority of those gelicals (36%) were The public is more split on surveyed (in 2004 it was least likely to oppose whether people should be 53%) opposed amending such an amendment. allowed to say things in the Constitution to specifi- public that might be offen- cally prohibit flag burning · Nearly twice as many sive to religious groups. or desecration. Opposition people (29%) said stu- While 54% said they to such an amendment dents in public high favored such a right, 44% reached a zenith in the last schools have too little of Americans disagreed, led survey conducted before freedom to express by those with incomes the Sept. 11 terrorist themselves as said that under $40,000 per year attacks, as 59% opposed students have too much (53% of that subgroup dis- such an amendment in the freedom (15%). 51% agreed with the right) and spring of 2001. In recent said the amount of fundamentalist/evangelicals years this percentage has
State of the First Amendment 15 dipped slightly, though sage or picture that others · 77% said it is impor- never below a majority. might offensive. As was tant for our democracy indicated in the 1997 and that the news media Among the various sub- 1999 surveys, the public act as a watchdog on groups surveyed, funda- overwhelmingly opposes government. Still, 39% mentalist/evangelicals are granting public students said the news media most likely to support an such a right. In all, 72% try to report the news amendment to prohibit flag said they did not think stu- without bias. burning: While 36% said dents should be allowed to they opposed such an wear such controversial T- · 70% said journalists amendment, 58% said they shirts, and a majority (51%) should be allowed to favored it. Additionally, strongly disagreed with keep a news source those who completed a col- that right. Not surprisingly, confidential. That is a lege education (66%) are far 57% of those aged 18-30 slight drop from 2000, more likely to oppose that (the subgroup that most when 77% agreed with constitutional amendment recently attended high this policy. than those who never went school) opposed the wear- beyond high school (48%). ing of T-shirts under those · 56% said that newspa- And Midwesterners (60%) circumstances, while 83% pers should be allowed are far more resistant to of the senior citizens sur- to freely criticize the such an amendment than veyed expressed similar U.S. military about its those who hail from any opposition. strategy and perform- other region; Northeast- ance. erners actually support the amendment by a margin of Freedom of the · Meanwhile, Americans 51% to 47%. press remain split over issues of access to informa- A slim majority (51%) also tion about the war on said that students in public Highlights: terrorism: Half said high schools have “the they have too little right amount” of freedom · Nearly half of those access to such informa- to express themselves. surveyed (49%) said the tion, as compared with Meanwhile, for the second media have too much 46% who said we have year in a row, those who freedom to publish “too much” or “just believe students have “too whatever they want; 15 about the right little freedom” (29%) out- points greater than the amount” of access. number those who think percentage (34%) that they have “too much free- indicated there is too · 52% followed reports dom” (15%) by an approxi- much government cen- concerning the falsify- mately 2-1 margin. sorship. Republicans (64%) are far more like- ing of news stories in 2004. Among those, Finally, for the third time ly than Democrats 30% said such inci- in the history of the survey, (43%) and Independ- dents have decreased the First Amendment ents (43%) to indicate the level of trust they Center inquired as to the media has too have in their local whether public school stu- much freedom to pub- newspaper. Meanwhile, dents should be allowed to lish. 59% believed the falsi- wear a T-shirt with a mes-
16 Analysis fying of stories in the Although support for this icize the U.S. military about news media has premise was widespread its strategy and perform- become a widespread across the populace, it was ance — in this year’s survey problem. especially well-pronounced 56% supported the right, among Democrats (84%) while 41% opposed it. As was noted earlier, and non-whites (83%). Support for the newspapers Americans are generally less Perhaps some of that in this context is especially supportive of press free- intense support arises out of weak among those who doms in the abstract than those groups’ distaste for never attended college they are of other First the Republican administra- (46% of that subgroup sup- Amendment freedoms. tion and the current port the press’s right to crit- Distrust of the media is one Congress. icize the military) and source of the problem. among Republicans (42% When forced to choose With regard to more specif- support the right). between competing prob- ic press functions, public lems, more respondents support for First Americans are also split on tend to think there is “too Amendment rights is once whether there is too little much media freedom” again evident, although not access to information about (49%) than think there is to the degree detected in the war on terrorism. “too much government past surveys. Exactly seven Exactly half said there is censorship” (34%). A parti- in 10 agreed that journalists too little access; 46% said san divide on this issue is should be allowed to keep a that there is either “too evident. While 64% of news source confidential, a much” access or that the Republicans said there is slight drop from the 77% current amount of access is too much media freedom, who felt that way in 2000 “about right.” By contrast, 43% of those identifying and a substantial drop from in 2002, four in 10 thought themselves as Democrats the 1997 survey, when 85% there was “too little access” and Independents felt that supported that right. to such information. way. Additionally, while 42% said they strongly agreed Concerns about media bias Still, citizens continue to with the right to keep also have received consider- express support both for a sources confidential, that’s able attention in recent principle justification that quite a bit less than in years. Not even four in 10 underlies press rights in this 2000, when more than half (39%) said the media tries country, and to a lesser (52%) indicated that they to report the news without degree, for the rights of the strongly supported the right bias. One finds a partisan press to engage in specific to maintain the secrecy of divide on this question, as activities that may appear sources. 28% of Republicans said the controversial to some. news media is free of such The war on terrorism has biased motives (48% of More than three in four heightened tensions Democrats felt that way). respondents (77%) agreed between freedom of press More interesting, however, that it is important for our and the need for the mili- is the income divide democracy that the news tary to control information. revealed on this issue: those media act as a watchdog on Since Sept. 11, 2001, with higher incomes government, with 49% Americans have only nar- ($75,000 or more) are even indicating that they strong- rowly supported the right less trusting of media ly adhered to that principle. of newspapers to freely crit- motives, as just 27% of that
State of the First Amendment 2004 17 subgroup said the media away, as compared to · With regard to pro- try to report the news with- 10% who said it should gramming that con- out bias. be the primary respon- tains references to sex- sibility of publishers. ual activity, respon- What about the recent dents favor govern- newspaper scandals impli- 35% of respondents ment regulation of · cating Jayson Blair of The said that their televi- broadcast television New York Times and others? sion is equipped with a (65%) and radio pro- More than half (52%) of v-chip. Of those, less gramming (63%) dur- those surveyed said they’ve than a quarter (24%) ing the morning, after- heard or read about reports indicated that they are noon and early concerning the falsifying of currently using the v- evening hours. By con- facts and columns in news- chip to monitor pro- trast, 55% favor gov- papers. Of that number, grams in their house- ernment regulation of three in 10 said those inci- hold. such sexual material on dents have decreased the basic cable television level of trust they maintain Apparently there exists no programs during those in their local newspapers. public groundswell to over- same hours. As for the population as a throw the current system of whole, 59% of those sur- regulating entertainment · Respondents favor veyed indicated that the television and radio. Nearly expanding the reach of falsifying or making up of six in 10 (58%) said the the “do not call” reg- stories in the American current amount of govern- istry, as 62% said they news media is now a “wide- ment regulation of enter- favor adding charities spread problem.” These sus- tainment television is and other nonprofit picions are especially ram- “about right,” nearly three organizations to the pant among those who times the percentage (21%) current lists, as com- never advanced beyond who said there is too little pared to 36% who high school, as 68% of that of such regulation. opposed such expan- less educated group believes Similarly, 59% are satisfied sion. falsification is a widespread with the current amount of problem. government regulation of · A vast majority of entertainment program- those surveyed said ming on the radio. parents should be pri- Government marily responsible for But what about more con- keeping all forms of regulation troversial content that is inappropriate material published or broadcast on of the media away from children. the air? In an age where The public places Highlights: the public as a whole has tremendous responsi- unprecedented access to bility on parents in Nearly six in 10 said materials featuring explicit · monitoring inappropri- they are satisfied with references to sexual activi- ate printed materials in the current amount of ty, some have started to particular: 87% said regulation of entertain- look to the government for parents should be pri- ment programming on assistance in monitoring marily responsible for both television and and filtering such materials keeping those materials radio. before they reach the hands
18 Analysis of consumers, especially works such as CNN, ESPN, ate printed materials away children. Is this an appro- etc., that air sexual refer- from children, almost nine priate function for govern- ences during the morning, times the number that ment? Do government afternoon and early would prefer publishers to efforts to impose restric- evening. be primarily responsible. tions on such materials run Among subgroups, whites up against public concerns The public also distinguish- (90%) are more likely to that free speech rights not es between regulations of identify parents for this task be violated? radio programs that contain than non-whites (78%). references to sexual activity And parents of children Explicit references to sexual at different times of the under age 6 (94%) are espe- activity have become a sta- day. Sixty-three percent cially likely to think that ple of many prime time approved of such regula- parents in general should shows. Still, the public tions during the morning, primarily assume that role. draws critical distinctions afternoon and early between the time of day evening, while only half The public is nearly as and the type of medium in favored regulations of radio adamant that parents main- which such references programming during the tain the primary responsi- should be allowed. Not late evening and overnight bility for keeping away even half of those surveyed hours. from children inappropriate (49%) said government offi- television programming cials should have the power One of the more popular (81%), inappropriate radio to regulate such program- laws passed in recent years programming (77%), and ming by over-the-air televi- created a “do not call” reg- even inappropriate movies sion networks (ABC, CBS, istry, which allows individ- shown in theaters (71%). In etc) during the late evening uals to block many telemar- the latter category, 19% and overnight hours, and keters from making calls. A would make theater owners even fewer (45%) would majority (62%) favored and operators responsible tolerate similar regulations adding charities and other for keeping inappropriate of basic cable television non-profit organizations to movies away from children, programming during late the list of those who must and 3% would place that hours. defer to the registry, with responsibility with govern- 42% indicating that they ment officials. Meanwhile popular support strongly favor such an for regulation of programs expansion. Only 36% How can parents keep track that contain references to opposed any such expan- of their children’s television sexual activity increases sion. viewing habits? In recent substantially when it years the v-chip has gotten applies to programming Who should be responsible considerable attention. Yet during the morning, after- for keeping inappropriate just 35% of those surveyed noon and early evening: content away from chil- said their television sets are 65% would afford the dren? Americans over- equipped with a v-chip, and power to regulate over-the- whelmingly favor placing of those, only 24% admit- air network broadcasts dur- such responsibility with ted to using the v-chip to ing those earlier hours, and parents themselves. A vast monitor programs being a majority (55%) would majority (87%) indicated viewed in their household. even favor regulation of parents should be responsi- If parents are truly assum- basic cable television net- ble for keeping inappropri- ing the responsibility for
State of the First Amendment 2004 19 monitoring their children’s requiring students to by government attempts to viewing habits, it is largely say the Pledge of keep close tabs on some happening without the Allegiance does not religious groups, while benefits of this new tech- violate the allowing others to more nology. Constitution. Nearly actively participate in the the same percentage administration of govern- (71%) considered the ment programs and func- Freedom of religion phrase “one nation tions. under God” within the and separation of Pledge as primarily a For example, survey partici- church and state statement related to pants continue to be split the American political on whether the govern- Highlights: tradition, rather than ment, as part of its war on as a religious state- terrorism, should be · Public opinion contin- ment. allowed to aggressively ues to be split on monitor certain religious whether government · Support for posting the groups. Slightly more than should be able to mon- Ten Commandments half (51%) would support itor certain religious inside government the government in this groups as part of its buildings has rebound- effort, even if it means war on terrorism. 51% ed from last year, when infringing upon the reli- said they support the 62% supported that gious freedom of those government in such power; this year 68% groups’ members, and 31% efforts, even if it means said government offi- strongly agreed that the infringing upon the cials should be able to government should be able religious freedom of post the Ten Comm- to do so. Meanwhile, 46% those groups’ members, andments inside gov- opposed such power. while 46% opposed ernment buildings. that power. Within public schools, the · A significant majority respondents also favor an · 52% said students in also support giving par- expanded role for religion. public school have too ents the option of In the 2004 survey, 52% little religious freedom. sending their kids to indicated there is too little Leading the way in this non-public schools religious freedom for stu- regard are fundamen- with vouchers (62%) dents in the schools, as talist and evangelical and allowing the gov- compared to 41% who Christians, 71% of ernment to support indicated the current whom said there is too faith-based drug abuse amount of such freedom is little religious freedom prevention programs “about right.” (In last year’s for students. Mean- (66%). survey, 46% said there was while, 41% said that too little religious freedom students’ religious free- A substantial segment of for students in public dom in the public the public continues to schools). The chief opin- schools is “about support increased religious ion leaders in this regard right.” freedom in the abstract. In are fundamentalist/evangel- the eyes of many, however, icals: 71% said there is too · A substantial majority such religious tolerance little religious freedom for (70%) indicated that would not be undermined students, as compared to
20 Analysis 46% of the rest of the pop- was “primarily a statement part because they afford ulation. related to the American religious groups even political tradition,” as com- greater opportunities to par- This past year, the Pledge of pared to 19% who thought ticipate in public functions Allegiance received a lot of it was primarily a religious such as education and wel- attention as the Supreme statement. fare. Again, the public Court considered (but ulti- stands squarely in favor of mately declined) the oppor- For the third consecutive those programs. Sixty-two tunity to decide whether its year, the First Amendment percent said parents should reference to “one nation Center inquired about the have the option of sending under God” might render it posting of the Ten their children to non-public an unconstitutional exer- Commandments. In 2004, schools (including religious cise. On this score, the pub- 68% said they thought gov- schools) using government lic’s sentiment is clear: ernment officials should be vouchers or credits, and seven in 10 respondents allowed to post the Ten nearly two-thirds (66%) said that requiring teachers Commandments inside favored allowing the gov- to lead students in reciting government buildings, with ernment to give money to the pledge does not violate half of those surveyed say- religious organizations and the constitutional principle ing they strongly agreed churches to help them run of separation of church and that officials should be drug abuse prevention pro- state. allowed to do so. That rep- grams. The risk that those resents a rebound of sorts same religious institutions Why such a strong defense from 2003, when 62% sup- would be allowed to of the Pledge of Allegiance? ported the power of offi- include a religious message Perhaps it is because cials to post the Ten as part of the program Americans don’t really view Commandments. apparently deterred few the pledge as primarily a from expressing support for religious statement. In fact, Vouchers and faith-based such faith-based charities 71% of those surveyed said charities’ programs are con- programs. they thought the pledge sidered controversial, in
State of the First Amendment 2004 21 State of the First Amendment Survey 2004
Weighted Data (N=1,002)
1. As you may know, the First Amendment is part of the U.S. III Constitution. Can you name any of the specific rights that are guaranteed by the First Amendment?
1997 1999 2000 2001 2002 2003 2004
Freedom of the press 11% 12% 12% 14% 14% 16% 15% Freedom of speech 49% 44% 60% 59% 58% 63% 58% Freedom of religion 21% 13% 16% 16% 18% 22% 17% Right to petition 2% 2% 2% 1% 2% 2% 1% Right of assembly/ 10% 8% 9% 10% 10% 11% 10% association Other 7% 6% 12% 14% 19% 21% 20% Don’t know/ N/A N/A 37% 36% 35% 37% 35% refused to answer
State of the First Amendment 2004 23 2. 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 2000 2001 2002 2003 2004
Strongly agree 16% 10% 29% 41% 19% 19% Mildly agree 12% 12% 10% 8% 15% 11% Mildly disagree 22% 26% 19% 15% 18% 21% Strongly disagree 45% 48% 39% 32% 42% 44% Don’t know/refused to answer 5% 5% 3% 3% 7% 5%
3. Even though the U.S. Constitution guarantees freedom of the press, government has placed some restrictions on it. Overall, do you think Americans have too much press freedom, too little press freedom, or is the amount of press freedom about right?
1999 2000 2001 2002 2003 2004
Too much freedom 31% 40% 36% 33% 36% 36% Too little freedom 17% 14% 13% 13% 13% 17% Right amount of freedom 49% 43% 47% 51% 48% 46% Don’t know/refused to answer 4% 3% 4% 2% 2% 2%
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 of freedom the press has about right?
1997 1999 1999 2000 2001 2002 2003 2004
Too much freedom 38% 53% 42% 51% 46% 42% 46% 42% Too little freedom 9% 7% 8% 7% 8% 8% 9% 12% About right 50% 37% 48% 41% 42% 49% 43% 44% Don’t know/ 3% 2% 3% 2% 3% 1% 1% 3% refused to answer
24 Survey 5. Journalists should be allowed to keep a news source confidential.
1997 1999 2000 2004
Strongly agree 58% 48% 52% 42% Mildly agree 27% 31% 25% 28% Mildly disagree 6% 10% 8% 13% Strongly disagree 6% 9% 10% 12% Don’t know/refused to answer 2% 3% 5% 5%
6. Overall, the news media tries to report the news without bias.
2004
Strongly agree 15% Mildly agree 24% Mildly disagree 19% Strongly disagree 39% Don’t know/refused to answer 3%
7. It is important for our democracy that the news media act as a watchdog on government.
2004
Strongly agree 49% Mildly agree 28% Mildly disagree 11% Strongly disagree 10% Don’t know/refused to answer 3%
State of the First Amendment 2004 25 8. Have you heard or read anything about recent reports concern- ing the falsifying of facts in news stories and columns in some of the nation’s newspapers?
2004
Yes (go to Q. 9) 52% No (go to Q.10) 45% Don’t know/ 2% refused to answer
If yes …
9. In general, do you think these reports have decreased your level of trust in your local newspaper, increased your level of trust in your local newspaper, or has the level of trust you maintain in your local newspaper remained about the same?
2004
Decreased 30% Increased 2% Remained about 66% the same Don’t know/ 2% refused to answer
10. Please also tell me whether you agree or disagree with the fol- lowing statement: “The falsifying or making up of stories in the American news media is a widespread problem.”
2004
Strongly agree 37% Mildly agree 24% Mildly disagree 24% Strongly disagree 12% Don’t know/ 6% refused to answer
26 Survey 11. 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 of freedom to speak freely about right?
1997 1999 2000 2001 2002 2003 2004
Too much freedom 10% 12% 11% 12% 10% 12% 11% Too little freedom 18% 26% 25% 26% 21% 23% 28% About right 68% 59% 62% 61% 67% 63% 60% Don’t know/ 4% 3% 2% 2% 1% 2% 2% refused to answer
12. Even though the U.S. Constitution guarantees freedom of reli- gion, 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 of religious freedom about right?
1997 1999 2000 2001 2002 2003 2004
Too much freedom 6% 8% 5% 4% 6% 8% 7% Too little freedom 21% 26% 29% 32% 20% 24% 27% About right 71% 63% 63% 62% 70% 66% 64% Don’t know/ 2% 3% 3% 2% 4% 3% 3% refused to answer
13. People should be allowed to say things in public that might be offensive to religious groups.
2000 2001 2002 2003 2004
Strongly agree 22% 25% 29% 26% 30% Mildly agree 24% 22% 28% 23% 24% Mildly disagree 15% 16% 14% 14% 13% Strongly disagree 38% 35% 28% 36% 31% Don’t know/refused to answer 1% 3% 2% 1% 2%
State of the First Amendment 2004 27 14. Musicians should be allowed to sing songs with lyrics that others might find offensive.
1997 1999 2000 2001 2002 2003 2004
Strongly agree 23% 27% 32% 34% 31% 35% 34% Mildly agree 28% 29% 27% 27% 26% 26% 25% Mildly disagree 16% 15% 12% 9% 14% 10% 12% Strongly disagree 31% 26% 28% 28% 27% 26% 26% Don’t know/ 3% 4% 2% 2% 2% 3% 3% refused to answer
15. People should be allowed to say things in public that might be offensive to racial groups.
1997 1999 2000 2001 2002 2003 2004
Strongly agree 8% 8% 15% 16% 14% 18% 17% Mildly agree 15% 13% 17% 18% 20% 20% 18% Mildly disagree 14% 16% 15% 15% 16% 14% 14% Strongly disagree 61% 62% 52% 49% 48% 47% 49% Don’t know/ 2% 1% 1% 2% 1% 1% 1% refused to answer
Now, think about broadcast television programs on networks such as ABC, CBS, NBC and Fox. Please tell me if you agree or disagree with the following statements:
16. Government officials should have the power to regulate during the morning, afternoon and early evening hours those broadcast television programs that contain references to sexual activity.
2004
Strongly agree 44% Mildly agree 21% Mildly disagree 13% Strongly disagree 20% Don’t know/refused to answer 2%
28 Survey 17. Government officials should have the power to regulate during the late evening and overnight those broadcast television programs that contain references to sexual activity.
2004
Strongly agree 27% Mildly agree 22% Mildly disagree 19% Strongly disagree 30% Don’t know/refused to answer 2%
Now think about cable television programs on basic cable networks such as CNN, ESPN and the Discovery Channel. Please tell me whether you agree or disagree with the following statements:
18. Government officials should have the power to regulate during the morning, afternoon and early evening hours those cable television programs that contain references to sexual activity.
2004
Strongly agree 31% Mildly agree 24% Mildly disagree 15% Strongly disagree 27% Don’t know/refused to answer 3%
19. Government officials should have the power to regulate during the late evening and overnight those cable television programs that contain references to sexual activity.
2004
Strongly agree 23% Mildly agree 22% Mildly disagree 19% Strongly disagree 34% Don’t know/refused to answer 2%
State of the First Amendment 2004 29 Now think about radio shows and programs. Please tell me whether you agree or disagree with the following statements:
20. Government officials should have the power to regulate during the morning, afternoon and early evening hours those radio shows that contain references to sexual activity.
2004
Strongly agree 38% Mildly agree 25% Mildly disagree 13% Strongly disagree 23% Don’t know/refused to answer 1%
21. Government officials should have the power to regulate during the late evening and overnight hours those radio shows that contain references to sexual activity.
2004
Strongly agree 25% Mildly agree 25% Mildly disagree 19% Strongly disagree 29% Don’t know/refused to answer 2%
22. Congress recently passed a law that blocks many telemarketers from making calls to you if you place your name on a national “do not call” registry. Do you favor or oppose adding charities and other nonprofit organizations to the “do not call” registry?
2004
Favor strongly 42% Favor mildly 20% Oppose mildly 21% Oppose strongly 15% Don’t know/refused to answer 2%
30 Survey 23. 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 say that the U.S. Constitution should not be amended to specifically prohibit flag burning or desecration. Do you think the U.S. Constitution should or should not be amended to prohibit burning or desecrating the American flag?
1997 1999 2000 2001 2002 2003 2004
Should not (go to question 25) 49% 48% 51% 59% 51% 55% 53% Should (go to question 24) 49% 51% 46% 39% 46% 44% 45% Don’t know/refused to 2% 1% 3% 2% 2% 2% 3% answer (go to question 25)
24. If an amendment prohibiting burning or desecrating the 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 flag?
1997 1999 2000 2001 2002 2003 2004
Yes 88% 90% 87% 81% 83% 87% 82% No 9% 8% 12% 15% 15% 12% 16% Don’t know/refused to answer 3% 2% 1% 4% 2% 1% 3%
Now please tell me whether you agree or disagree with the following statements:
25. Newspapers should be allowed to freely criticize the U.S military about its strategy and performance.
2002 2003 2004
Strongly agree 33% 32% 32% Mildly agree 24% 22% 24% Mildly disagree 18% 14% 12% Strongly disagree 24% 30% 29% Don’t know/ 1% 1% 4% refused to answer
State of the First Amendment 2004 31 26. Some people believe that the media have too much freedom to publish whatever they want. Others believe there is too much government censorship. Which of these beliefs lies closest to your own? 2001 2002 2003 2004
Too much media freedom 41% 42% 43% 49% Too much government censorship 36% 32% 38% 34% Neither (volunteered) 12% 15% 10% 6% Both (volunteered) 7% 8% 4% 8% Don’t know/refused to answer 4% 4% 5% 4%
27. Overall, do you think Americans have too much, too little, or just the right amount of access to information about the federal government’s war on terrorism? 2002 2003 2004
Too much access 16% 12% 15% Too little access 40% 48% 50% Just about the right amount 38% 38% 31% Don’t know/refused to answer 6% 2% 4%
28. As part of its war on terrorism, the government should be allowed to monitor certain religious groups even if that means infringing upon the religious freedom of those groups’ members.
2003 2004
Strongly agree 27% 31% Mildly agree 23% 20% Mildly disagree 18% 17% Strongly disagree 27% 29% Don’t know/refused to answer 5% 4%
32 Survey 29. Overall, how would you rate the job that the American educational system does in teaching students about First Amendment freedoms?
2001 2002 2003 2004
Excellent 5% 5% 6% 7% Good 25% 26% 25% 21% Fair 39% 35% 33% 32% Poor 24% 28% 29% 35% Don’t know/ 7% 6% 7% 5% refused to answer
30. Overall, do you think that students in public schools have too much religious freedom, too little religious freedom, or about the right amount of religious freedom while at school?
2001 2002 2003 2004
Too much 3% 3% 4% 3% Too little 53% 53% 46% 52% About right 40% 40% 45% 41% Don’t know/ 4% 4% 5% 5% refused to answer
31. Overall do you think students in public high schools have too much freedom to express themselves, too little freedom to express themselves, or is the freedom of public high school students to express themselves about right?
2003 2004
Too much freedom 13% 15% Too little freedom 28% 29% Right amount 54% 51% Don’t know/ 4% 5% refused to answer
State of the First Amendment 2004 33 32. Many public schools require teachers to lead students in recitation of the Pledge of Allegiance, which includes the phrase “one nation under God,” although students are permitted to opt out of reciting the pledge if they so choose. In your opinion, does that school practice violate the constitutional principle of separation of church and state?
2003 2004
Yes, it violates the 26% 26% constitutional principle. No, it does not. 68% 70% Don’t know/refused to answer 5% 4%
33. 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
Primarily a religious statement 18% 19% Primarily a statement related to 73% 71% the American political tradition Both (volunteered) 5% 6% Neither (volunteered) 1% 3% Don’t know/refused to answer 2% 2%
Please tell me whether you agree or disagree with the following statements:
34. Government officials should be allowed to post the Ten Commandments inside government buildings.
2002 2003 2004
Strongly agree 52% 44% 50% Mildly agree 18% 18% 18% Mildly disagree 12% 13% 10% Strongly disagree 16% 22% 19% Don’t know/refused to answer 2% 3% 3%
34 Survey 35. Parents should have the option of sending their children to non-public schools, including those with a religious affiliation, using vouchers or credits provided by the government that would pay for some or all of the costs.
2003 2004
Strongly agree 40% 40% Mildly agree 22% 22% Mildly disagree 12% 10% Strongly disagree 23% 25% Don’t know/refused to answer 4% 4%
36. Do you favor or oppose allowing the government to give money to religious institutions or churches to help them run drug-abuse prevention programs, even if the religious institu- tions would be allowed to include a religious message as part of their program?
2003 2004
Strongly favor 34% 40% Mildly favor 26% 26% Mildly oppose 15% 11% Strongly oppose 21% 19% Don’t know/refused to answer 4% 4%
37. Public school students should be allowed to wear a T-shirt with a message or picture that others might find offensive.
1997 1999 2004
Strongly agree 9% 10% 13% Mildly agree 17% 17% 11% Mildly disagree 22% 23% 21% Strongly disagree 48% 48% 51% Don’t know/refused to answer 4% 2% 4%
State of the First Amendment 2004 35 38. In your view, who should be primarily responsible for keeping inappropriate printed materials away from children: parents, government officials or publishers?
2004
Parents 87% Government officials 1% Publishers 10% Nobody (volunteered) 0% Don’t know/refused to answer 2%
39. In your view, who should be primarily responsible for keeping inappropriate television programming away from children: parents, government officials or broadcasters?
2004
Parents 81% Government officials 5% Broadcasters 14% Nobody (volunteered) 0% Don’t know/refused to answer 1%
40. In your view, who should be primarily responsible for keeping inappropriate radio programming away from children: parents, government officials or broadcasters?
2004
Parents 77% Government officials 5% Broadcasters 17% Nobody (volunteered) 0% Don’t know/refused to answer 2%
36 Survey 41. In your view, who should be primarily responsible for keeping inappropriate movies shown in theaters away from children: parents, government officials, movie studios or theater owners and operators?
2004
Parents 71% Government officials 3% Movie studios 5% Theater owners and operators 19% Motion Picture Association 1% of America (volunteered) Nobody (volunteered) 0% Don’t know/refused to answer 2%
As you may know, since the year 2000, most television sets sold in the United States must be equipped with the so-called v-chip. The v-chip reads information encoded in the rated television program. The chip was intended to allow parents to block viewing of certain programs based upon selected ratings.
42. Is your television set equipped with a v-chip?
2004
Yes 35% No (go to question 44) 47% Don’t have TV (volunteered) 1% Don’t know/refused to answer 17%
43. Are you currently using the v-chip to monitor or restrict certain programs from being viewed in your household?
2004
Yes 24% No 76%
State of the First Amendment 2004 37 Now think specifically about entertainment programs.
44. Do you think there is currently too much government regulation of entertainment programming on television, too little government regulation of entertainment programming on television, or is the current amount of government regulation about right?
2004
Too much 16% Too little 21% About right 58% Don’t know/refused to answer 5%
45. Do you think there is currently too much government regulation of entertainment programming on radio, too little government regulation of entertainment programming on radio, or is the current amount about right?
2004
Too much 16% Too little 18% About right 59% Don’t know/refused to answer 7%
Now I’d just like to ask a few questions for classification purposes only...
46. In what year were you born?
18-30 years old 22% 31-44 years old 31% 45-61 years old 25% 62 years old + 20% Don’t know/refused to answer 2%
38 Survey 47. What was the last grade of school you completed?
Grade school or less 3% Some high school 7% High school graduate 38% Trade school (volunteered) 1% Some college 26% College graduate 13% Post-graduate 10% Don’t know/refused to answer 1%
48. Are you white, black, Hispanic, Asian or something else?
White 77% Black 9% Hispanic 5% Asian 2% Bi-racial (volunteered) 1% Other 4% Don’t know/refused to answer 2%
49. For classification purposes only, is the total yearly income of all the members of your family now living at home $40,000 or more, or would it be less than $40,000?
Less than $40,000 40% $40,000 or more 54% Don’t know/refused to answer 6%
State of the First Amendment 2004 39 50. And is that …
Under $10,000 17% $10,000 to less than $20,000 24% $20,000 to less than $30,000 27% $30,000 to less than $40,000 27% Don’t know/refused to answer 5%
51. And is that …
$40,000 to less than $50,000 19% $50,000 to less than $75,000 32% $75,000 to less than $100,000 22% $100,000 or more 20% Don’t know/refused to answer 7%
52. Are you Catholic, Protestant, Jewish or some other religion?
Catholic 22% Protestant 27% Jewish 2% Other (specify) 35% No religious affiliation (volunteered) 9% Don’t know/refused to answer 6%
53. Would you describe yourself as either a fundamentalist or evan- gelical Christian, or would you not describe yourself that way?
Fundamentalist/Evangelical 20% Neither 71% Not sure (volunteered) 4% Don’t know/refused to answer 5%
40 Survey 54. In politics today, are you a Democrat, a Republican, an Independent or what?
Democrat 36% Republican 26% Independent 24% No preference (volunteered) 7% Other (volunteered) 4% Don’t know/refused to answer 4%
55. Do you have any children under the age of 18?
Yes 36% No 63% Don’t know/refused to answer 1%
56. [Follow-up if “Yes”:] Do you have any children under the age of 12?
Yes 78% No 22%
57. [Follow-up if “Yes”:] Do you have any children under the age of 6?
Yes 56% No 44%
RESPONDENTS’ SEX:
Male 48% Female 52%
State of the First Amendment 2004 41 Methodology
he First Amendment Interviews were conducted Center and American under the supervision of TJournalism Review the Center for Survey commissioned the Center Research & Analysis in for Survey Research & Storrs, Conn., using a Analysis at the University Computer Assisted of Connecticut to conduct Telephone Interviewing a general public survey of (CATI) system. All CSRA attitudes about the First surveys are conducted by Amendment. The ques- professional survey inter- tionnaire that was utilized viewers who are trained in was a national survey standard protocols for IVdeveloped jointly by the administering survey First Amendment Center instruments. Interviewers and the University of assigned to this survey Connecticut, in consulta- participated in special tion with officials at training conducted by sen- American Journalism ior project staff. The draft Review. At the University survey questionnaire and of Connecticut, Chris field protocols received Barnes, Helene Marcy, thorough testing prior to April Brackett, Chase the start of the formal Harrison, Katie Stargardter, interviewing period. Professor David Yalof and Interviews were extensive- Professor Kenneth ly monitored to insure Dautrich directed the proj- CSRA standards for quality ect. Ken Paulson and Gene were continually met. Policinski of the First Amendment Center pro- The national sample used vided overall direction for for this research project the project. The survey included residential tele- was conducted by tele- phone numbers in the 48 phone between May 6 and contiguous states. The June 6, 2004. sample was stratified to insure that broad geo- graphic regions were repre-
State of the First Amendment 2004 43 sented in proportion to selection process. Once confidence. This means their share of the total selected, each telephone that there is less than one adult population in the number was contacted a chance in 20 that the United States. Within each minimum of four times to results of a survey of these of these regions, telephone attempt to reach an eligible respective sizes would differ numbers were generated respondent. Households by more than 3.1% in through a random-digit- where a viable contact was either direction from the dial telephone methodolo- made were called addition- results, which would be gy to insure that each pos- al times. Within each obtained if all adults in the sible residential telephone household one adult was appropriate area had been number had an equal prob- randomly selected to com- selected. The sample error ability of selection. plete the interview. is larger for sub-groups. Telephone banks that con- CSRA also attempted to tain no known residential The sampling error for minimize other possible telephone numbers were 1,002 national interviews is sources of error in this sur- removed from the sample ±3.1% at the 95% level of vey.
44 Methodology Commentary Public: low marks for nation’s press By Paul K. McMasters First Amendment Ombudsman
he public takes a falsifies and fabricates sto- jaundiced view of ries, and that it abuses its Tthe nation’s news freedom. media, a First Amendment Center/AJR poll finds. In the minds of too many More than 60% believe Americans, freedom of the making up stories is a press is the least popular widespread problem, and of the five freedoms pro- just 39% think news tected by the First organizations try to report Amendment — only 15% without bias. mention the press when asked to list those five The latest State of the First freedoms. VAmendment survey lands on the front porch of the More alarming, four in 10 nation’s journalism com- Americans believe the munity bristling with press has too much free- harsh headlines for the dom. news media. Several first-time questions The 2004 edition of the in the eight-year-old poll, conducted by the national survey prompted First Amendment Center troubling responses related in collaboration with to the fabrication and pla- American Journalism giarism scandals such as Review, shows a recovery the one at The New York from a post-9/11 low in Times — where rising star public support for the First Jayson Blair tarnished the Amendment in general, gold standard of journal- but Americans remain crit- ism, brought down two ical of the professionalism top editors and caused dra- and ethics of the people matic policy changes. and organizations that deliver the news. That uproar had not sub- sided before an eerily simi- They say that the press is lar one in both sins and biased, that it routinely consequences arose at USA
State of the First Amendment 2004 47 TODAY, although it was a The news for the press is no too little freedom; that is globetrotting veteran, Jack better in responses to ques- the highest such response Kelley, who authored the tions that have been asked in the history of the survey. newsroom havoc there. in previous surveys. For example, while journalists Interestingly, some respon- Despite expansive, long- and their critics continue dents changed their minds term coverage and intense to debate the promiscuous when reminded of just debate about these and use of anonymous sources, whom press freedom in similar scandals at other 70% this year said they America belongs to. When news organizations, barely supported the right of jour- asked in a separate question half of the respondents in nalists to keep sources con- if “Americans” have too the State of the First fidential. However, that is much press freedom, the Amendment poll said they 15 points below the 85% response drops from 42% had heard about the scan- who said so in 1997. Those to 36%. dals. Of the 52% who had who don’t believe journal- heard of the scandals, the ists should be able to keep The 2004 survey did have a majority, 66%, said their their sources confidential couple of nuggets of good level of trust for the local doubled during that period news. In a first-time ques- newspapers had not from 12% to 25%. tion, 77% agreed that the changed; 30% said that the news media should act as a incidents had lowered their Slightly more than half, “watchdog” on govern- trust in their local papers. 56%, agreed that “newspa- ment. Also, a growing pers should be allowed to number of Americans Perhaps the most disap- freely criticize the U.S. mili- appear to share the press’s pointing finding for jour- tary about its strategy and concern about increasing nalists, however, is the fact performance,” roughly the government secrecy and that 61% of Americans same number as in the pre- control of information. In agreed with the statement vious two years the ques- this year’s poll, 50% said that “the falsifying or mak- tion was asked. The prob- that they had too little ing up of stories in the lem, of course, is that even information about the gov- American news media is a mere facts, especially in a ernment’s war on terrorism; widespread problem.” time of war, can be inter- that figure was 40% in preted as critical of the mil- 2002. There is more disappoint- itary. Four in 10 Americans, ment. At a time when both however, do not think the Journalists have their own print and broadcast news press should be critical. opinions about the state of organizations are struggling the press. A poll of national to distinguish the legiti- And while the fact that and local journalists in mate press from the parti- 42% of Americans believe both print and broadcast san and polarizing ele- the press has too much media released earlier this ments of the general freedom is a sobering meas- summer by the Pew “media,” the 2004 SOFA ure of distrust, that figure Research Center for the survey found that only was 46% last year and People & the Press showed 39% agreed with the state- peaked at 53% in 1999. journalists to be quite criti- ment that “the news media Journalists and their advo- cal of their profession. try to report the news with- cates may be heartened Substantial numbers out bias.” The majority dis- that 12% in the current thought journalism was agreed. survey said the press has headed in the wrong direc-
48 Commentary tion and that business the extent the press appears the great good the demands were “seriously to be falling short of what American press does on a hurting” news coverage. most journalists and most daily basis. They expressed concerns Americans want it to be, about factual errors, sloppy the opinions revealed in Journalists and their advo- reporting, simplistic cover- the latest State of the First cates need to find new and age and distortions in Amendment survey offer better ways to deliver that reporting caused by the 24- some insight into what story to the American pub- hour news cycle. must be done to close that lic. These findings in the gap. 2004 State of the First Winning popularity con- Amendment survey lend a tests with the public is not It is important to note that new level of urgency to that the point of journalism, of poor showings in public assignment. course. In fact, about the opinion polls, layered upon best the press, a habitual their own concerns about bearer of bad news, can the press today, can cause This article was first pub- hope for in the public mind journalists, as well as their lished on July 30, 2004. is grudging respect. But to audiences, to lose sight of
State of the First Amendment 2004 49 Freedom takes strong stomachs, but many of us have indigestion By Charles C. Haynes First Amendment Center Senior Scholar
iberty is a food easy freedoms — which is, of Freedom of speech doesn’t to eat, but hard to course, what the First fare much better. Large Ldigest; it takes very Amendment is intended to numbers of Americans are strong stomachs to stand do. all for free speech — unless it.” it might offend someone Most at risk? Freedom of (which covers, of course, It may have been written in the press. A startling 42% most speech). If you were 1772, but Jean-Jacques of Americans believe that hoping for the “politically Rousseau’s famous apho- the press in America has correct” craze to die down, rism captures America’s too much freedom. What’s forget it. Look at these ambivalent attitude toward an example of “too much”? numbers: freedom in 2004. The find- According to 41% of ings of the latest State of respondents, newspapers · 38% would bar musi- the First Amendment sur- should not be allowed to cians from singing vey are in — and many freely criticize the U.S. mili- songs “with lyrics that Americans seem to suffer tary about its strategy and others might find from a bad case of civic performance. offensive.” indigestion. Despite this readiness to · 44% wouldn’t allow Conducted each year by rein in the press, many people to say things in the First Amendment Americans still want to public that “might be Center, the 2004 poll starts know more about what the offensive to religious with the good news. Only government is doing. Half groups.” 30% of Americans feel that of those surveyed, for the First Amendment “goes example, say they have · A remarkable 63% say too far” in the rights it “too little access” to infor- people shouldn’t be guarantees. That’s a drop mation about the federal able to say things in from the nearly 50% in government’s war on ter- public that “might be 2002 who thought we had rorism. offensive to racial too much freedom (a groups.” response that was likely Talk about a disconnect. influenced by the 9/11 ter- Without a free press, where Most people would start rorist attacks). would Americans get infor- early teaching kids about mation about government the need to ban potentially But this surge of good feel- actions? In a nation com- offensive speech. A whop- ing about the First mitted to democratic free- ping 72% of respondents Amendment doesn’t neces- dom, an independent and would not allow public sarily translate into support free press is the most school students to wear a T- for keeping government important check on state shirt with a message or pic- from interfering with our secrecy and power. ture that others might —
50 Commentary might — find offensive. Sixty-six percent of respon- problem: 67% say schools That wipes out most of dents favor government are doing a fair or poor job what students put on their funding of social-service of teaching kids about the shirts, including any and all programs run by churches First Amendment. political or religious mes- — even when the program sages. is delivered with a religious Do most Americans today message. And 68% support favor freedom? Of course What about freedom of reli- allowing government offi- we do — that’s the easy gion? That depends on how cials to post the Ten part. But the reality of free- you define it. You’ll be dis- Commandments inside dom in daily life is often heartened if you believe (as government buildings. So messy and controversial — I do) that keeping govern- much for Thomas and constantly challenging. ment out of religion is Jefferson’s wall of separa- Rousseau was right: It takes essential for religious liber- tion. very strong stomachs to ty. But if you advocate stand it. more mixing of church and Many Americans are clearly state, you’ll be encouraged having a hard time defining by the survey results. the meaning of “freedom.” This article was first pub- But they seem to under- lished on July 11, 2004. stand a key source of the
State of the First Amendment 2004 51 he First Amendment Center works to preserve and protect First TAmendment freedoms through information and education. The center serves as a forum for the study and exploration of free-expression issues,
including the freedoms of speech, press and religion and the rights to assem-
ble and to petition the government.
The center is housed in the John Seigenthaler Center at Vanderbilt University
in Nashville, Tenn. It also has offices in Arlington, Va. It is an operating pro-
gram of the Freedom Forum, a nonpartisan foundation dedicated to free press,
free speech and free spirit for all people.
First Amendment Center
Gene Policinski EXECUTIVE DIRECTOR John Seigenthaler FOUNDER 1207 18th Avenue South Nashville, TN 37212 615/727-1600
1101 Wilson Boulevard Arlington, VA 22209 703/528-0800
firstamendmentcenter.org
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