State of the First Amendment he Freedom Forum is a nonpartisan, international foundation dedicated to free press, free speech and Tfree spirit for all people. The foundation pursues its priorities through programs including conferences, edu- cational activities, publishing, broadcasting, online ser- vices, fellowships, partnerships, training and research. STATE OF THE The Freedom Forum funds only its own programs and related partnerships. Unsolicited funding requests are not accepted. Operating programs are the Media Studies Center in New York City, the First Amendment Center at Vanderbilt University in Nashville, Tenn., and the Newseum at The Freedom Forum World Center headquarters in Arlington, Va. It also has operating offices in San Francisco, Cocoa Beach, Fla., London, Hong Kong, Buenos Aires and Johannesburg. The Freedom Forum was established in 1991 under the direction of Founder Allen H. Neuharth as successor to the Gannett Foundation. That foundation had been estab- lished by Frank E. Gannett in 1935. The Freedom Forum does not solicit or accept financial contributions. Its work is supported by income from an endowment now worth nearly $900 million in diversified assets. World Center Board of Trustees 1101 Wilson Blvd. CHARLES L. OVERBY Demac Donna Arlington, VA 22209 Chairman and Chief Executive Officer FIRST (703) 528-0800 PETER S. PRICHARD President www.freedomforum.org ALLEN H. NEUHARTH Founder A MENDMENT BERNARD B. BRODY, M.D. To order additional copies of this report, call 1-800-830-3733. GEN. HARRY W. BROOKS JR. JOHN E. HESELDEN MADELYN P. JENNINGS MALCOLM R. KIRSCHENBAUM BY DONNA DEMAC BETTE BAO LORD BRIAN MULRONEY JOHN C. QUINN CARL T. ROWAN JOSEFINA A. SALAS-PORRAS JOHN SEIGENTHALER ALAN B. SHEPARD JR. State of The First Amendment State of The First Amendment by Donna Demac ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ iv State of the First Amendment By Donna Demac © 1997 The Freedom Forum. 1101 Wilson Blvd. Arlington, VA 22209 (703) 528-0800 Project Coordinator: Paul K. McMasters, First Amendment Ombudsman Editor: Brian Buchanan Designer: David Smith Publication: #98-F01 ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Contents○○○○○○○○ Foreword by John Seigenthaler vi Introduction by Paul McMasters xi Overview xv Chapter 1 Freedom of Speech 1 Free Speech Roundtable 19 Chapter 2 Freedom of the Press 31 Chapter 3 Freedom of Religion 49 v Religious Liberty Roundtable 61 Chapter 4 Freedom of Assemby and Petition 71 Chapter 5 Education 85 Chapter 6 Attitudes about the First Amendment 93 Appendix A Survey Questions 101 Appendix B Survey Methodology 115 Appendix C A Year in the Life of the First Amendment 117 Appendix D Contributors 125 Appendix E Bibliography 127 About the Author 131 Acknowledgments 133 ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ State of the First Amendment ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ vi ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Foreword by John Seigenthaler his study, aptly en- ing, news media criticism or titled State of the First the public display of offen- As we move T Amendment, is a sive art, they are quick to timely and important report defect. They are, to use Tom on the popular standing and Paine’s words, the potential toward a legal status of the values em- “summer soldiers and sun- bodied in the First Amend- shine patriots” of the com- new century, ment. As we move toward a ing millennium. new century, those values— The author of the report, First Amend- embraced 206 years ago by Donna Demac, a lawyer, au- vii an informed and fearful citi- thor and First Amendment ment values zenry—are, as the title sug- advocate, has written a gests, under attack. Scholars, thoughtful narrative that are under lawyers, journalists, ethicists brings into focus all of the and other professionals present challenges and con- close to the struggle to pro- troversies threatening these attack. tect citizen rights against vital citizen rights—reli- government regulation, will gious liberty, freedoms of find this an extremely valu- speech and press and the able resource. rights of peaceable assembly State of the First Amend- and petition. Her text will ment may be even more serve to update and broaden valuable as a learning docu- the perspective of experts ment for those who know and hopefully will also edu- little or nothing of First cate and enlighten those Amendment rights but who who have little or no under- naively assert their support standing of the unfriendly of it. Inevitably, when asked shots repeatedly aimed at if they support the First the amendment. Amendment, they embrace A significant aspect of the 45 words and express the study is the excellent opposition to any changes. poll in Chapter 6. The Then, confronted by the re- thrust of the questions and ality of community conflicts the depth of the sample pro- such as school prayer, anti- vide more than ample back- abortion protests, flag-burn- ground to capture a sense of Mr. Seigenthaler is founder of the First Amendment Center at Vanderbilt University. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ State of the First Amendment ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ the public attitudes about Less than half of them re- •49% would support a First Amendment rights. sponded that freedom of flag-burning amendment; However, activists who are speech was protected; only •38% would ban from involved in the daily battle 21% of them said that reli- school libraries novels that to keep these rights secure gious liberty was one of the include descriptions of ex- will have some difficulty freedoms; only 11% identi- plicit sex acts. reconciling the findings of fied press freedom as a First In light of these re- Professor Ken Dautrich of Amendment right; only one sponses, it is likely that the Roper Center for Survey of ten identified rights of as- those who believe in and Research and Analysis at sembly and petition as part work for protection of First the University of Connecti- of the amendment. Amendment rights would cut with the actual detailed As the alcoholic sees the take more seriously what answers of respondents. brandy glass half-empty, the Demac has to say about Professor Dautrich writes prohibitionist sees it half-full. press freedom and apply it that “… on the whole the There are many other to all First Amendment First Amendment is alive polling responses that will rights: “In the last half of and well—at least from the concern those who support the 1990’s,” she concludes, perspective of the American the amendment. Here is a “freedom of the press re- viii public.” He relies on the fact selective sampling: mains alive but can hardly that 93% of the respondents •47% of those surveyed be said to be thriving.” She assert that they would ratify disagree with the idea that praises the courage of judi- the amendment (which was musicians should be al- cial officers whose orders in read to them) if that were a lowed to sing songs with the face of public opposi- current consideration. He words that others find of- tion have kept the amend- also is persuaded by majori- fensive; ment alive. ties of respondents, some of •29% think newspapers The Freedom Forum has them large, which expressed should not be allowed to been committed, over a support for the several free- criticize political candidates; long period, to monitoring doms when specific ques- •52% are against student and reporting on govern- tions were put to them. newspapers reporting on mental and public attitudes The scholars, lawyers, controversy without ap- on First Amendment rights. journalists and others who proval of school officials; This ambitious project is in wage war routinely against •44% are against the tele- furtherance of that commit- encroaching government ac- vising of courtroom trials; ment. Donna Demac de- tions on many fronts are •75% would not allow serves great thanks for the likely to see it another way. people to utter words that talent, integrity and enter- They will be concerned to might be offensive to racial prise she brought to the en- read that only 2% of the gen- groups; terprise. Paul McMasters, eral public knew all five of the •53% have reservations The Freedom Forum’s cre- freedoms listed in the amend- about allowing art to be ative First Amendment om- ment. It seems fair to ask shown in a public place if its budsman who oversaw and whether those who said content offends others; tracked the progress of State they would ratify the •57% believe that public of the First Amendment over amendment today had any school teachers should be many months, is to be con- real idea what they would allowed to lead school gratulated for his substan- be supporting. prayer; tive role. And, as stated ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Foreword ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ above, the Roper Center’s wide distribution, not only in the next century will de- work deserves commenda- among First Amendment ex- pend upon the knowledge, tion in developing and ex- perts but among the public, understanding and commit- ecuting the poll. especially at every level of ment to freedom by an on- Hopefully, State of the the system of education. In coming generation. • First Amendment will get the final analysis, freedom ix ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ State of the First Amendment ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ x ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○