A solid majority
of Americans generally believe that individual rights protected
by the First Amendment are "essential," but dont
ask those same citizens to identify where these "First Freedoms" are protected in the U.S. Constitution. Those are the findings revealed
in a survey sponsored by the Freedom Forum and the American Journalism
Review conducted between June 12 and July 5, 2002.
The survey shines a bright light on a consistent problem in American
public life: while most citizens cherish their constitutionally
protected freedoms, they know little about them. Thus, while an
overwhelming 83 percent said that "the right to practice the
religion of your choice" is "essential," only 18
percent could identify freedom of religion as one of the five rights
protected by the First Amendment.
The public knows even less about the other "First Freedoms,"
with the exception of freedom of speech, which a majority correctly
identified as enumerated in the First Amendment. Only 14 percent
knew the First Amendment protects freedom of the press, even fewer,
10 percent, identified the right to peacefully assemble as safeguarded,
and only two percent placed the right to petition government within
the First Amendments protections
In fact, when asked what the First Amendment guarantees, more respondents
identified freedoms not appearing in the Amendments forty-five
word text than those who correctly identified at least one of the
"First Freedoms." Given these results, perhaps the surveyors
were pleased that more than a third of those surveyed, 35 percent,
honestly admitted that they did not know what rights the First Amendment
guaranteed.
None of these results should come as a surprise. A full 63 percent
of those surveyed said the American educational system does only
a "fair" or "poor" job of teaching students
about First Amendment freedoms. Thats the bad news.
The good news is that the survey reaffirmed the First Amendment
is truly first in the hearts, if not the minds, of American citizens.
Three quarters of those surveyed said that "the right to speak
freely about whatever you want" is "essential"; nearly
that many, 68 percent, thought "the right to be informed by
a free press" is "essential"; while more than 60
percent found "the right to assemble, march, protest or petition
the government" is "essential."
Moreover, Americans are equally clear in their resolve when it comes
to specific situations. Majorities did not flinch from protecting
unpopular opinions, speech offensive to religious groups and explicit
lyrics. More than half of Americans believe that newspapers should
be able to publish without government approval and legitimately
criticize the military. Even in post-September 11 America, 66 percent
said that "Muslims should be allowed to hold a rally for a
cause or issue even if it may be offensive to others in the community."
Thus, the fundamental message gleaned from the survey can be summed
up simply by calling it the "First Paradox": we cherish
constitutional rights we know little about.
This paradox also explains the most disturbing result from the survey namely, that, in the abstract, nearly half of those surveyed,
49 percent, believe the "First Amendment goes too far in the
rights it guarantees." This result may, however, be meaningless
given the publics lack of deep knowledge and understanding
of the First Amendment and its protections.
Given specifics, Americans will choose freedom over the alternative,
as the survey amply demonstrates when respondents were asked about
specific scenarios. But absent that ever-important factual context,
citizens are unwilling to grant carte blanche rights in the abstract.
For these reasons, the survey exposes both our First Amendments
vulnerability and its salvation. The publics lack of factual
knowledge about our "First Freedoms" threatens their very
vitality as more and more know less and less. We cannot protect
our freedoms of religion, speech and press and rights to peacefully
assemble and petition the government in the theoretical abstract
because the public both deserves and demands the right to know their
contours.
Thus, the time has long since come to educate the public about its "First Freedoms." They want such an education. They said
so.