Law & Courts

First Amendment Attitudes Found Troubling

By Jessica L. Tonn — February 01, 2005 3 min read
  • Save to favorites
  • Print

A majority of high school students are apathetic toward, and ignorant of, Americans’ First Amendment rights, concludes a study being released this week that surveyed 112,000 students at 544 public and private high schools nationwide.

The report—commissioned by the Miami-based John S. and James L. Knight Foundation—also surveyed nearly 8,000 teachers and more than 500 principals.

It found that nearly three-fourths of the students either do not know how they feel about the First Amendment or admit that they take it for granted. In addition, 75 percent of those surveyed erroneously think flag burning is illegal, half believe the government can censor the Internet, and more than a third think the First Amendment goes too far in the rights it guarantees.

The report, “The Future of the First Amendment,” is available online from the John S. and James L. Knight Foundation. () See also the Future of the First Amendment site.

Some of the results for teachers and administrators were similarly troubling.

For instance, only 50 percent of teachers said they personally think about their First Amendment rights, while 46 percent said they take those rights for granted. Fifty-six percent of principals reported personally thinking about those rights, while 43 percent acknowledged taking them for granted.

‘Dangerous’ Results

Hodding Carter III, the Knight Foundation’s president and chief executive officer, expressed deep concern. “These results are not only disturbing; they are dangerous,” he said in a statement. “Ignorance about the basics of this free society is a danger to our nation’s future.”

Some educators also were troubled, but not surprised, by the findings.

“The statistics are pretty close to being correct,” said Cricket F.L. Kidwell, the director of curriculum for 11 school districts in Trinity County, Calif. She said the survey confirmed the “deplorable situation” of civic education.

In Ms. Kidwell’s opinion, time constraints imposed by testing systems prevent teachers from adequately discussing constitutional rights with their students. Teachers who must adhere to strict standards so their students will pass state tests only have time to relay specific content information, she said, not broad political concepts.

Civic education could be improved, she added, if teachers were better able to hold classroom discussions on current events, pose insightful questions, and provide their students with more opportunities to use analytical skills.

Marcie Taylor-Thoma, the social studies coordinator for the state of Maryland, pointed out that adults, including teachers and administrators, are “just as confused” about their First Amendment rights as students, and that may be part of the problem.

But she says her state is trying to fill that gap—at least for this generation of students.

Last year, 66 percent of Maryland public high school students passed the state’s high school assessment in government, which measures students’ understanding of U.S. government laws and principles.

In Maryland, high school students must take a government course, as required by state curriculum standards.

Practice in Schools

Charles C. Haynes, a senior scholar at the Arlington, Va., office of the Nashville, Tenn.-based First Amendment Center, a nonprofit organization that advocates protection of First Amendment rights, argues that students’ misinterpretation of and lack of interest in their First Amendment rights result not only from poor classroom instruction, but also from the “prison-like environment” of schools.

“We have to improve not only how we teach the First Amendment, but how we practice it in schools,” he said.

Schools must “model the freedoms they teach,” Mr. Haynes said, by improving their student governments, protecting religious-liberty rights, encouraging freedom of expression, promoting academic freedom, and supporting the student press.

Mr. Haynes bemoaned the elimination of journalism programs in some schools and said that students involved in such programs tend to have a better understanding of their constitutional rights.

The Knight Foundation report found that among students who were involved in three or more journalism-related activities, 39 percent believe that Americans should have the legal right to burn the flag as a means of protest. Only 15 percent of students not involved in such activities agreed.

“The key [to improving civic education],” Mr. Haynes said, “is to give people the ability to practice their rights.”

A version of this article appeared in the February 02, 2005 edition of Education Week as First Amendment Attitudes Found Troubling

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
AI in Schools: What 1,000 Districts Reveal About Readiness and Risk
Move beyond “ban vs. embrace” with real-world AI data and practical guidance for a balanced, responsible district policy.
Content provided by Securly
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
K-12 Lens 2026: What New Staffing Data Reveals About District Operations
Explore national survey findings and hear how districts are navigating staffing changes that affect daily operations, workload, and planning.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit
Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP