The First Amendment, as others see it

There’s no doubt that a huge number of Americans are unable to name the five freedoms protected by the First Amendment — national survey results each year since 1997 sadly leave little doubt about that circumstance.

On a more positive note, when reminded of the core freedoms of religion, speech, press, assembly and petition, our fellow citizens line up behind them in large numbers.

But when it comes to how those freedoms apply in everyday life? Well, it’s not that there’s less support. Rather, less agreement.

About a month ago, the Newseum Institute’s First Amendment Center published the results of its annual State of the First Amendment survey and the findings of a follow-up survey that focused on issues around display of the Confederate battle flag. The former was taken before a U.S. Supreme Court decision that allows Texas officials to ban display of the flag on state license plates, and before the killings in Charleston, South Carolina, by an apparent racist who had posed for a photo displaying the flag. The latter survey was taken after both had occurred.

In sum, the two survey results showed a shift in how the public viewed the Texas auto tag ban — swinging from opposed to support. And the second survey found that while a majority of white and Hispanic respondents did not attach the same racist meaning to the flag as did black respondents, all three groups favored taking down the battle flag from public monuments and government buildings and approved of private companies removing flag-related items from store offerings.

Some interesting reactions to the reporting of those results have come via email.

In one , noted as a “Letter to the Editor,” in which the writer complained that the reporting, citing this column, “seems to be saying that as long as a majority believes then the First Amendment does not apply.” Well, that’s hardly the case. Freedom of speech means that you and I and others get to say what we will regardless of majority opinion — including, if we wish, public and vigorous display of the Confederate battle flag.

The First Amendment protects our right to speak, but doesn’t silence others who are just as free to disagree, criticize and oppose.

Another writer, who says she lives “Up North,” wrote that she’s now getting her concealed gun permit to join “the overwhelming silent majority that is pretty close to rising up to all this politically correct garbage.” Unable to get a proper flag, she said she settled for “a Confederate towel and it’s pinned to my clothesline.” After a few ugly slams at “welfare cheats, illegals, foreigners and fake causes,” blacks, President Barack Obama and “bedwetting” liberals and Republicans she does not like, she says the nation is “turning to communism and socialism!”

That’s free speech — even hateful remarks are protected. And one theory about the First Amendment is that by permitting such thoughts to be voiced publicly, without fear of government action, we’re less likely to rely on our Second Amendment right to express ourselves — in most cases.

Our core freedoms were put in place to counter what those in the Founders’ generation called “the tyranny of the majority” — not just superior numbers on this issue or that, but an entrenched majority that could control public policy over time — effectively denying a minority from ever being an effective force.

Let’s all stand guard against legal erosion that would somehow limit the expression of those half-dozen folks I saw over the weekend on southeastern Tennessee roads, flying large battle flags from the rear of pickup trucks. Such overt displays may offend some, or even many, but those in opposition are free to buy their own trucks and flags and take the same highways.

No government subsidy, support or limits, and no Supreme Court justice in sight. That is how real free speech works. Really.

Gene Policinski is chief operating officer of the Newseum Institute and senior vice president of the Institute’s First Amendment Center. He can be reached at gpolicinski@newseum.org. Follow him on Twitter: @genefac.