State of the First Amendment 2012 Report

The First Amendment Center has released its 2012 State of the First Amendment report. As reported in the First Amendment Law Professors blog   here are what the report identifies as its key findings:

• When asked to name the five specific freedoms in the First Amendment, 65% of respondents could name freedom of speech, followed by 28% who could name the freedom of religion, 13% the freedom of the press, 13% the right to assemble, and 4% the right to petition. Twenty-seven percent of respondents could not list any of the rights guaranteed by the First Amendment.
The percentage of Americans who can name these five First Amendment rights has generally increased over the years since the project began in 1997. In 2012, however, the percentage who could name freedom of the press and the right to assemble decreased.
Awareness of freedom of religion dramatically increased this year to 28%, the highest percentage ever recorded for that right. Also, the 65% naming freedom of speech is the highest recorded since 1997 when the survey began.

• The majority of poll respondents believe that the First Amendment does not go too far in the rights it guarantees. The gap between those who believe it goes too far and not too far has increased over time. In  2012, 81% of respondents said the First Amendment does not go too far and 13% said it does go too far.

• Since 1997, Americans increasingly agree that musicians should be allowed to sing potentially offensive songs. Originally, 51% agreed and 47% disagreed with allowing musicians to sing offensive lyrics. Today, 69% agree and 27% disagree. This is the highest recorded percentage of those who agree that musicians should be allowed to sing songs with lyrics that some people might find offensive.

• Only about one-third of Americans continue to believe that the news media attempt to report on news without bias.

• Over the years, Americans have overwhelmingly agreed that the news media should act as a government watchdog. In 2012, 75% of people agreed with this, while only 20% disagreed.

• The majority of Americans, 57%, continue to believe that public schools should not have the authority to discipline students who use their own computers at home to post material that administrators label as offensive. Thirty-four percent of Americans think that school officials should have this power.

In responses to new questions added to this year’s survey, the Center found:

•The majority of respondents, 59%, do not believe the government should be allowed to take control of the Internet and limit access to social media and Web outlets such as AOL and Yahoo in the event of a national emergency.  Americans feel very strongly about this, with fully 44% “strongly” disagreeing that government should have this power and another 15% “mildly” disagreeing.

• The majority of Americans, 59%, think that the government should be allowed to prosecute Internet users who illegally distribute copyrighted music and movies online.

• Eighty-five percent, an overwhelming majority of respondents, believe that people should be allowed to record or photograph the activities of the police in public as long as they do not interfere with what the police are doing. Those that agree felt very strongly, 66%, that people should have this right.

• The survey asked Americans about their feelings about posting copyrighted material on the Internet and social media. In the case when no money is being made, respondents were divided: 46% said people should be allowed to post copyrighted materials without paying rights fees while 42% disagreed.  However, in the case when money is being made, a majority of Americans, 64%, disagreed that someone should be able to post copyrighted material online or on social media without paying rights fees.