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
Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance

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 Teens Drop Lawsuit Against Trump's Trans Sports Order After Supreme Court Ruling
The Supreme Court last month upheld state bans on transgender girls in school sports.
4 min read
Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024.
Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024. The teens initially sued over New Hampshire's law banning transgender girls from school sports teams, and later expanded their lawsuit to challenge President Donald Trump's February 2025 executive order threatening to withhold federal funds from schools that allow transgender girls to join girls' sports teams. They've since withdrawn the legal challenge following a Supreme Court ruling allowing states to ban transgender girls from sports under Title IX.
Holly Ramer/AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP