Americans' Awareness of First Amendment Freedoms

by MCCORMICK TRIBUNE FREEDOM MUSEUM 3/1/06

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Introduction

The First Amendment to the U.S. Constitution is the cornerstone of American freedoms. It is critical that Americans have a firm and greater understanding of our nation’s hard-earned freedoms in order to preserve and protect them. The less Americans know about freedoms, the more they are likely to erode without our notice. The five essential freedoms contained in the First Amendment are freedom of religion, speech, the press, assembly, and to petition the government for redress of grievances. As the basis for our many freedoms, the five freedoms guaranteed by the First Amendment are something every American needs to take to heart, and should know "by heart." The McCormick Tribune Freedom Museum recently conducted a survey of a random national sample of 1,000 American adults to explore whether Americans know the contents of the First Amendment. In addition, the survey included a few questions about contemporary American culture to provide some perspective.

Highlights of Findings

Although a majority (70%) of Americans recall without prompting that freedom of speech is one of the rights contained in the First Amendment, recall of the other freedoms drops off very quickly from there.

Only one-fourth mentioned freedom of religion, and one in ten mentioned freedom of the press or freedom of assembly. Freedom to petition the government over grievances was mentioned by just 1 percent. Although 72% were able to name at least one of these rights correctly, this fell to only 28% who could name two or more, only 8% who could name three or more, only 2 percent who could name four or five. Remarkably, only one person of the 1,000 interviewed was able to correctly name all five freedoms. Given a list of freedoms Americans enjoy, most were able to recognize freedom of religion and freedom to criticize the government as First Amendment rights. About one in ten incorrectly mentioned the right to bear arms as a First Amendment Freedom. In actuality, this right is protected by the Second Amendment. A majority also incorrectly said the right to vote and the right to trial by jury were guaranteed by the First Amendment. Other rights that more than one-third believes come from the First Amendment include right to own a gun, the right to an attorney, the right against self incrimination, the right of women to vote and the right to a public education. About one in five say the right to own and raise pets and the right to drive a car are First Amendment rights as well.

* Although unaided recall of the five First Amendment freedoms drops off quickly after freedom of speech, this is not the case for some aspects of popular culture. The TV cartoon show The Simpsons has five main characters that Americans remember much more readily. While only one in a thousand were able to name all five freedoms contained in the First Amendment, one out of five Americans can name all five of the Simpson characters.

· Americans are also more likely to remember which ad slogan belongs to which brand. When read five popular ad slogans, three-fourths (74%) of Americans were able to correctly recall the brands connected with at least two of these, compared to 28% who could name two or more freedoms. One-fourth of Americans could identify the brand of four or more of these slogans, compared to only 1% who could name at least four of the five freedoms. Americans are also much more likely to be able to name the three judges on the popular TV program American Idol than First Amendment freedoms. Although almost half could name none, a majority (54%) could name at least one, 41% could name two, and one-fourth could name all three. Obviously, First Amendment rights are not entertainment, and they are not as highly visible as some elements of popular culture. Americans often come face-to-face with First Amendment freedoms in one form or another every day - even though we may not recognize them as such.

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The Bill of Rights

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

Amendment I

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.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.