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Science1 publisher3 min readPublished

Fewer Americans named free speech as a First Amendment right in Annenberg's 2026 survey

The share naming all three branches of government held at 65%, the same figure as 2024, and the one item that moved significantly in the 1,034-person sample was freedom of speech, cited by 73% after 79% a year earlier.

The Scientist · Science desk

Illustration accompanying Fewer Americans named free speech as a First Amendment right in Annenberg's 2026 survey

What happened

  • The Annenberg Public Policy Center polled 1,034 U.S. adults over four days in August for its 2026 Constitution Day civics survey.
  • Sixty-five percent named all three branches of government, which the center reports as no statistically significant change from 70% in 2025 or 65% in 2024.
  • Freedom of speech was named by 73%, significantly fewer than the 79% recorded in 2025 and statistically level with the 74% recorded in 2024.
  • Freedom of religion was named by 43%, freedom of assembly by 31%, freedom of the press by 29% and the right to petition by 12%, none of them significantly different from the past two years.
  • Sixty-nine percent knew a 5-4 Supreme Court ruling is law that must be followed, while 18% thought such a decision goes back to Congress for reconsideration.

Compiled by The ScientistSomething wrong?How this is made

Why it matters

  • contradiction Whether the speech number describes a decline depends on where the reader starts. 2025's 79% sits above both 2024 and 2026, so a two-year comparison shows a flat line and a one-year comparison shows a fall.
  • constraint An open-ended prompt measures what people can retrieve unaided, so these percentages cannot be read as the share who understand what the First Amendment does.
  • decision Anyone building a curriculum or funding case on the line that a third of adults cannot name the branches is working from the same 65% as two years ago. The argument has to come from the level of the number itself.

The six-point move came on the open-ended recall question, the survey's hardest format. Annenberg asked respondents to name the rights the First Amendment guarantees without reading them a list [5]. Unprompted recall is a harder test than recognition, so 73% describes what people could produce on the spot over four days in August [1], not what they would affirm if the right were named for them.

A sample of 1,034 gives a 95% confidence half-width of about 3 points on a proportion near half [1]. For a difference between two independent samples that size at around 76%, the threshold is roughly 3.7 points, and the speech drop is 6 [2]. Run the same calculation near 68% and the threshold is about 4 points [3], below the 5-point distance between 70% in 2025 and 65% in 2026 that the center reports as not significant [2]. That simple binomial ignores survey weighting, and the release does not print item-level margins of error, so the gap between the two cannot be settled from the published summary.

The branches question has now produced 65% in 2024, 70% in 2025 and 65% in 2026 [2]. Over a third of adults, 35%, could not name all three this year [3]. "Ignorance is costly," said Kathleen Hall Jamieson, director emerita of the Annenberg Public Policy Center. "You can't protect and cherish rights that you don't know you have." [9]

Wrong answers came in two kinds. Asked what the 10th Amendment says about the states and the federal government, 50% gave the correct reading, 13% reversed it and 37% said they were not sure [13]. The First Amendment item drew a confident error instead: 25% named the right to bear arms, which the Second Amendment protects [8], 13 points more than the 12% who named the right to petition the government [5]. Nine percent named all five protections and 24% named none, which leaves 67% somewhere in between [7][4].

The structural questions scored higher than the recall ones. Eighty-three percent knew a bill becomes law over a veto if two-thirds of each house votes to override [10]. Sixty percent knew the Supreme Court has the final responsibility when it and the president disagree, against 17% who assigned that to Congress and 19% who were not sure [12]. On birthright citizenship, 76% correctly said children born in the United States and subject to its jurisdiction are citizens even when neither parent is [14]. A majority, 56%, called it inaccurate to say that people in the country illegally have no rights under the Constitution, while 44% called it accurate [15]. The Supreme Court has long held that the core protections are written in terms of "persons," not citizens, and apply regardless of immigration status [16].

What to watch

  • The 2027 survey settles whether freedom of speech stays near 73% or returns toward 79%. That answer decides which year was the outlier.
  • Whether Annenberg publishes item-level margins of error and design effects. Those figures would let readers check the significance calls directly.
  • Whether the veto, 5-4 ruling and 10th Amendment items are repeated next year. Asking them again would turn a single reading into a trend line.
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