Where America Stands
2026 survey presented by Freedom Forum
Americans overwhelmingly value the First Amendment, even as more question how far it should go
This year’s “The First Amendment: Where America Stands” survey presents a complex story about how the First Amendment is perceived, who it protects and whether people understand it as well as they think.
While most Americans said the First Amendment is vital to America, nearly a quarter of respondents (24%) say the First Amendment goes too far in the rights it guarantees. This is a significant jump from 13% last year and the highest recorded percentage since 2020. This point of view is highest among current college students, with 34% saying it goes too far.
Interestingly, education appears to be a bigger factor than age; Generation Z as a whole responds in line with all other generations on the issue of whether the First Amendment goes too far.
Still, survey respondents show an overwhelming — and continuing — commitment to the First Amendment: 96% of people surveyed have heard of it, and 91% say it is vital to America, with 64% categorizing it as “extremely vital.”
This year’s survey also shows a record level of awareness that the First Amendment protects hate speech: 67% know this in 2026, a full 10 points higher than in 2020. Additionally, more people would prefer to protect free speech over limiting hate speech, but perspectives are divided.
Just over half (57%) of respondents say college campuses should foster a free exchange of ideas; that’s the lowest level of agreement we’ve recorded since we started asking the question in 2020.
People cite reasons for not speaking freely, but many are growing bolder
Eight in 10 college students (81%) say they don’t speak freely, compared with 69% of Gen Z as a whole.
College students aren’t the only ones that don’t speak their minds. Six in 10 Americans surveyed say they don’t speak freely. The main reasons cited are fear of a violent response (33%) and fear of creating tension with friends and family (30%).
8 in 10 college students say they don’t speak freely.
1 in 4 respondents cite government retaliation or punishment as a reason for not engaging in First Amendment-protected activities:
27% are afraid to post controversial thoughts online.
23% are afraid to join political groups.
21% are afraid to sign up for things online.
Generationally, Gen Z is the least likely to speak freely, with 69% saying they don’t speak freely, compared with 56% of both Generation X and baby boomers and 63% of millennials.
This varies across racial and ethnic groups as well. Asian respondents (76%) and Hispanic respondents (66%) are less likely than other races to speak freely, though their top fears differ. Both cite fear of a violent response (47% and 36%, respectively), but Hispanic respondents are somewhat more afraid of government punishment (35%) than other races; Asian respondents cite fear of creating tension with friends and family (38%).
While many continue to cite reasons for not speaking freely, those numbers have been trending downward each year, with an 11-point decrease since 2024. Additionally, 36% say nothing keeps them from speaking freely, a view held most strongly by Black respondents at 42%, up from 29% in 2024.
Numbers In The News
38% of respondents support displaying the Ten Commandments in public school classrooms. The issue could soon be headed to the U.S. Supreme Court.
Reasons Respondents Don’t Speak Freely
* This response option was added to the survey in 2026.
More than one-third of Americans (37%) say that concerns about surveillance technologies have discouraged them from participating in protests.
Even outside of protests, approximately 1 in 4 cite fear of government punishment or retaliation as a reason for not engaging in First Amendment-protected activities:
- Twenty-seven percent are afraid to post controversial thoughts online.
- Twenty-three percent are afraid to join political groups.
- Twenty-one percent are afraid to sign up for things online.
Americans don’t understand the First Amendment as well as they think they do
Against a backdrop of near-universal awareness, a broad majority of Americans (86%) say they are informed about the rights protected by the First Amendment. Nearly 6 in 10 (59%) say they are “somewhat” informed, and 28% say they are “very” informed.
But just 11% of survey respondents could correctly name all five freedoms without prompting.
And 26% couldn’t name a single freedom.
This represents a significant increase in those who can’t name a single freedom since we started measuring these responses. In 2020, 18% of respondents could not name a single freedom.
86%
Say they’re informed about their First Amendment rights.
Knowledge of the First Amendment generally increases with education. One in 5 respondents with an advanced degree (20%) could correctly name all five freedoms, more than double the percentage of people with a high school diploma or less (8%). Additionally, millennials, the most highly educated generation as measured in college degrees, have the highest rate of awareness: 13% could name all five freedoms, compared with just 8% of Gen Z.
It’s not just a matter of naming. Practical awareness is also uneven. Nearly three-quarters of respondents (73%) incorrectly believe the First Amendment applies to private workplaces. Three in 10 (30%) incorrectly believe elected officials cannot reference their personal religious beliefs while operating in their official capacity. And more than one-third (37%) do not realize the First Amendment protects the burning of the American flag.
Knowledge and the perceived value of individual freedoms are uneven
Asked which First Amendment freedom is most essential, respondents were split largely evenly between valuing speech (42%) and “All of the above” (36%). Few respondents hold the other freedoms in higher regard than speech, although about 1 in 10 (11%) say freedom of religion is the most essential.
More people responded that speech is the most essential freedom this year than in 2020 (42% in 2026 versus 33% in 2020). The groups most likely to cite speech as “most essential” are men (47%), Gen Z (54%) and Hispanic respondents (50%). Women, Gen X, white and Asian respondents are the most likely to choose “All of the above” as a response.
Speech is also the most recognized freedom, with 71% of respondents identifying it as one of the five freedoms unaided. Religion comes in second at 38%. Less than one-third (30%) of Gen Z could name freedom of religion, down from 63% in 2020.
Despite a lower level of awareness overall, college students are far more likely than degree holders to value freedom of the press:
Freedoms with low levels of unaided awareness
- Press: 30%, with 3% saying it’s the most essential
- Assembly: 27%, with 2% saying it’s the most essential
- Petition: 14%, with 4% saying it’s the most essential
Unaided awareness and value of freedom of the press
| Level of education | Awareness of press freedom | Believe it’s the most essential freedom |
|---|---|---|
| Current college student | 26% | 11% |
| Bachelor’s degree | 35% | 3% |
| Advanced degree | 47% | 3% |
The First Amendment’s role in everyday life
Nearly 3 in 4 people (74%) surveyed say they understand how the First Amendment affects their everyday life. This is highest among current college students (81%) and advanced degree holders (87%), coinciding with awareness trends generally.
Two-thirds say the First Amendment helps them advocate for causes they care about, but nearly as many (63%) say Americans take the First Amendment for granted.
| Americans take the First Amendment for granted. | |
|---|---|
| Most likely to agree | Least likely to agree |
| Baby boomers: 70% | Gen Z: 51% |
| White respondents: 69% | Black respondents: 47% |
| >$100K income: 72% | <$60K income: 56% |
| Advanced degree holders: 75% | High school or less: 49% |
| Men: 66% | Women: 60% |
Compared with other rights in the Bill of Rights, the First Amendment is viewed as most important by 27% of people, up four points from last year. Respondents cite the Fifth Amendment right to due process and the Sixth Amendment right to a fair trial as more important, at 31% for both; these perspectives are held most strongly by Hispanic respondents citing due process (38%) and Black respondents citing the right to a fair trial (35%) as more important than the First Amendment.
Men (32%) are more likely than women (23%) to say the Second Amendment right to bear arms is more important than the First Amendment. Respondents with a high school education or less are more than twice as likely to prefer the Second Amendment over the First Amendment compared with those who attended graduate school or have an advanced degree (39% versus 16%).
Americans are also divided on whether one side of the political spectrum relies on the First Amendment to support its policy positions more than the other, but they are nearly evenly divided as to which side that is:
Numbers In The News
- 55% of respondents say public school teachers should address students by the pronoun associated with the student’s sex assigned at birth.
- 36% say it should be the pronoun preferred by the student.
- 9% say it should be the pronoun preferred by the teacher.
According to respondents, which side of the political spectrum relies more on First Amendment arguments to support its policy positions?
A majority (57%) of respondents say citizens and non-citizens should be protected equally by the First Amendment. This belief is highest among college students (71%), Gen Z (65%), low-income households (60%) and among Black and Hispanic respondents (68%). It is lowest among white respondents (51%), Gen X (53%) and middle-income households (52%), but approval is above 50% for all groups.
Government censorship and new media
Nearly 3 in 4 respondents (74%) believe the government should be transparent about its communication with social media companies about content moderation. Nearly two-thirds (63%) are concerned about the government having too much control over what can be said on radio, television or online.
There are also widespread concerns about the veracity of images and video posted online. When asked, "How often do you trust images and videos you see posted online from the media," just 5% of respondents say "always.” More than three-quarters (77%) say they use some method to verify images and videos posted online, and about half (52%) say they check news sources, websites or official sources to verify images and videos. Young people say they are more likely to seek verification: 92% of Gen Z say they verify what they see, compared with 70% of Gen X and 71% of baby boomers.
While nearly half the people surveyed (49%) say social media platforms should be legally responsible for the content their users post, only 39% say the government should be allowed to require social media companies to moderate their content.
A majority (60%) say it’s important that the news media serve as a watchdog over the government, and 56% say the government should not bar journalists from attending government press events based on their past coverage or viewpoints. Four in 10 say journalists should receive additional protection from government investigation to preserve press freedom.
Numbers In The News
- 83% of respondents say the driver or vehicle owner is expressing the message on a vanity license plate.
- 17% of Gen Z say the government is expressing that message. The issue could soon be headed to the U.S. Supreme Court.
People want First Amendment protections, even if they don’t realize it
The findings may seem contradictory: Americans overwhelmingly value the First Amendment, yet nearly a quarter say it goes too far. Most consider themselves informed about their rights, yet relatively few can name all five freedoms, and many misunderstand how those protections work.
But those tensions also point to an opportunity. When questions about the First Amendment move from the abstract to everyday situations, Americans often find common ground around protecting expression and limiting government power.
For example, while just 30% of respondents could name freedom of the press without prompting, 41% believe journalists should receive additional protection from government investigations. Likewise, 63% are concerned about the government having too much control over what can be said on radio, television or online, and 56% say the government shouldn’t bar journalists from government press events based on their past coverage or viewpoints.
And while 24% worry that the First Amendment goes too far, many seem to worry it doesn’t go far enough: 24% cite fear of government punishment as a reason they don’t speak freely, and 37% are discouraged from protesting due to concerns about surveillance technologies.
Greater understanding of the five freedoms — what they protect, where their limits lie and how they affect everyday life — can help strengthen that common ground.
The full survey results are available upon request. Please contact Freedom Forum Vice President and First Amendment expert Kevin Goldberg at [email protected].
