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Poll: Majority of Americans Want First Amendment Rewritten

51 percent of Millennials want fines or jail time for 'hate speech'

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October 24, 2019

A majority of Americans believe the First Amendment should be rewritten and are willing to crack down on free speech, as well as the press, according to a new poll.

More than 60 percent of Americans agree on restricting speech in some way, while a slim majority, 51 percent, want to see the First Amendment rewritten to "reflect the cultural norms of today." The Campaign for Free Speech, which conducted the survey, said the results "indicate free speech is under more threat than previously believed."

"The findings are frankly extraordinary," executive director Bob Lystad told the Washington Free Beacon. "Our free speech rights and our free press rights have evolved well over 200 years, and people now seem to be rethinking them."

Of the 1,004 respondents, young people were the most likely to support curbing free expression and punishing those who engage in "hate speech." Nearly 60 percent of Millennials—respondents between the ages of 21 and 38—agreed that the Constitution "goes too far in allowing hate speech in modern America" and should be rewritten, compared to 48 percent of Gen Xers and 47 percent of Baby Boomers. A majority of Millennials also supported laws that would make "hate speech" a crime—of those supporters, 54 percent said violators should face jail time.

American hostility to the First Amendment did not stop at speech. Many would also like to see a crackdown on the free press. Nearly 60 percent of respondents agreed that the "government should be able to take action against newspapers and TV stations that publish content that is biased, inflammatory, or false." Of those respondents, 46 percent supported possible jail time.

The poll was released just two days after two University of Connecticut students were arrested for allegedly saying racial slurs in a viral video. The 21-year-old suspects were allegedly playing "a game in which they yelled vulgar words," according to the police report. Lystad said such incidents and the rise of social media may be behind the increased willingness of Americans to curb speech rights.

"I think [our findings] are fueled in large part because of a rise of hate speech, but traditionally, hate speech is protected in the First Amendment," Lystad said. "The Supreme Court has upheld that principle time and time again."

Lystad launched the Campaign for Free Speech to advocate for preserving free and open dialogue in America. The group emphasizes that hate speech should be denounced, but does not think censorship is the answer. The group plans to push back against efforts to restrict speech at the local, state, and federal levels.

"Hate speech should be condemned, but legally, the answer to speech we don't like is more speech, not censorship," he said. "Our primary focus is education, and to help people better understand the First Amendment, free speech, free press, and why it's so vital to our democracy."

Published under: First Amendment , Speech