Civil Liberties

Gallup's Pulse of Democracy

The Patriot Act and Civil Liberties

Guidance for Lawmakers

In general, a majority of Americans have been comfortable with the current level of government intrusion on civil liberties as part of the war on terrorism. The strong majority of Americans believe the Patriot Act needs only minor changes, at best. Slightly less than one-third would make major changes or eliminate the law completely.

Recent revelations about the National Security Agency's collection of phone records of millions of Americans and government wiretapping have met with mixed reactions. Research suggests that a slight majority of Americans disapprove of the NSA program, while most polling showed that a slight majority of Americans accepted the wiretapping as legitimate.

In the most general sense, Americans appear torn between the desire to fight terrorism and protect civil liberties, and each new revelation of what the government has done since 9/11 is evaluated in that context. This balance between civil liberties and fighting terrorism becomes the major focus of policy decisions in this area.

Fine Print

Numerous polling organizations have asked Americans for their views on civil liberties, the Patriot Act, wiretapping, and the government's collection of massive telephone records. The results produce mixed results depending on what is emphasized within the question. Polls on the one hand find some reluctance to give up civil liberties and concern about how far the government will go in this regard. On the other hand, polls that stress the positive aspects of the Patriot Act or positive reasons for restricting civil liberties find greater public support than those that do not.

It is important to be cautious in placing too much emphasis on the results of any one poll question measuring public opinion in this area.

Context

The issue of civil liberties came to the forefront of the political spectrum after the 9/11 terrorist attacks. In the years since 9/11, however, Americans have become less willing to sacrifice their civil liberties -- even to combat terrorism. Public opinion has become more partisan as it has become clearer that the Republican Bush administration has undertaken significant programs in its efforts to fight terrorism.

Urgency: Overall Importance as Political Issue

A January 2006 poll showed that dealing with the Patriot Act and government surveillance of U.S. citizens ranked at or near the bottom of a list of potential priorities for Congress. Slightly more than one in four Americans say the Patriot Act will be extremely important to their votes for Congress this fall. Fewer than 3 in 10 Americans say government surveillance of U.S. citizens is extremely important to their votes. Few Americans mention privacy or civil liberties concerns as the most important problem facing the country.

Impact on Bush, Politics

Americans continue to give the president's overall handling of civil liberties the benefit of the doubt. More than half of Americans say the Bush administration has been about right or has not gone far enough in restricting people's civil liberties in order to combat terrorism. However, there has been a steady increase since 2002 in the percentage saying the administration has gone too far in this regard, now at a high of 41%.

Americans are more negative than positive in their initial assessment of the government program to obtain telephone records from the three largest U.S. telephone companies as an effort to combat terrorism. It is unclear what part this issue will play for the president or in the 2006 midterm elections.

Key Subgroup Differences

Views about the Patriot Act and civil liberties are highly partisan.

The vast majority of Democrats say the Bush administration has gone too far in restricting civil liberties in order to combat terrorism, while Republicans say the administration has been about right or has not gone far enough in this regard.

Republicans are also more willing than Democrats to say the government should take whatever steps are necessary to prevent future acts of terrorism even if basic civil liberties are violated.

Republicans are more likely than Democrats to favor recently revealed government programs involved with wiretapping and collection of telephone numbers.

The Bottom Line

Americans do not believe the government should violate citizens' basic civil liberties in order to combat terrorism. At the same time, most Americans do not think the Bush administration has gone too far restricting civil liberties to fight the war on terror. The balance between liberties and fighting terrorism is the important determinant of attitudes in this issue area. Most recently, polling shows that more than half of Americans object to the government program that obtains records from three of the largest U.S. telephone companies to create a database of billions of telephone numbers dialed by Americans. Dealing with the Patriot Act per se has a low priority for Americans, although terrorism remains a very high priority.

As you may know, the Bush administration has been wiretapping telephone conversations between U.S. citizens living in the United States and suspected terrorists living in other countries without getting a court order allowing it to do so. Do you think the Bush administration was right or wrong in wiretapping these conversations without obtaining a court order?

Right

Wrong

No opinion

2006 Sep 15-17

55%

42

3

2006 Feb 9-12 ^

47%

50

3

2006 Jan 20-22 ^

46%

51

3

2006 Jan 6-8

50%

46

4

^

Asked of a half sample



As you may know, in the U.S. legal system the government is required to show defendants the evidence it has against them. In some terrorism trials, the government believes that showing defendants certain evidence may put American lives in danger. In your view, which would be worse - [ROTATED: convicting defendants of terrorism based on evidence they are never shown, (or) having some terrorism suspects go free because the government chooses to withhold evidence rather than show it to the defendant]?

Convicting defendants on evidence they are never shown



Letting some terrorists go free



No
opinion

2006 Sep 15-17

48%

41

11



When interrogating prisoners, members of the U.S. military are required to abide by the Geneva Convention standards which prohibit the humiliating and degrading treatment of prisoners. When the CIA or Central Intelligence Agency questions suspects whom they believe to have information aboutpossible terror plots against the United States, do you think - [ROTATED: they should have to abide by the same Geneva Convention standards that apply to the U.S. military (or) they should be able to use more forceful interrogation techniques than the Geneva Convention standards that apply to the U.S. military]?

Abide by Geneva Convention standards

Able to use more forceful techniques


Other/
depends
(vol.)



No
opinion

2006 Sep 15-17

57%

38

2

3



Do you think the Bush administration -- [ROTATED: has gone too far, has been about right, or has not gone far enough] -- in restricting people's civil liberties in order to fight terrorism]?

Too
far

About
right

Not far enough

No
opinion

%

%

%

%

2006 May 12-13

41
34
19
6

2006 Jan 6-8

38

40

19

3

2003 Nov 10-12 ^

28

48

21

3

2003 Aug 25-26 ^

21

55

19

5

2002 Sep 2-4 ^

15

55

26

4

2002 Jun 21-23 ^

11

60

25

4

^ Asked of a half sample



As you may know, as part of its efforts to investigate terrorism, a federal government agency obtained records from three of the largest U.S. telephone companies in order to create a database of billions of telephone numbers dialed by Americans. How closely have you been following the news about this -- very closely, somewhat closely, not too closely, or not at all?


Very
closely

Some-what
closely


Not too
closely


Not
at all


No
opinion

2006 May 12-13

28%

39

20

12

*



Based on what you have heard or read about this program to collect phone records, would you say you approve or disapprove of this government program?

Approve

Disapprove

No opinion

2006 May 12-13

43%

51

6



Is that mainly because - [ROTATED: you do not think the program seriously violates Americans' civil liberties, (or is it mainly because) you think investigating terrorism is the more important goal, even if it violates some Americans' civil liberties]

[ASKEDF OF ADULTS WHO APPROVE OF GOVERNMENT PROGRAM]


Does not seriously violate civil liberties

Terrorism more important, even if violates civil liberties



No
opinion

2006 May 12-13

27%

69

4



Do you think there would ever be circumstances in which it would be right for the government to create a database of telephone records, or would it not be right for the government to do this under any circumstances?

[ASKED OF ADULTS WHO DISAPPROVE OF GOVERNMENT PROGRAM]

Yes, are

No, are not

No opinion

2006 May 12-13

34%

60

6



Based on what you have heard or read about this program, do you think it - [ROTATED: definitely violates the law, probably violates the law, probably does not violate the law, (or) definitely does not violate the law]?


Definitely violates
the law


Probably violates
the law

Probably does not violate
the law

Definitely does not violate
the law



No
opinion

2006 May 12-13

22%

32

25

14

8



If you knew that the federal government had your telephone records, how concerned would you be -- very concerned, somewhat concerned, not too concerned, or not concerned at all?


Very concerned

Some-what concerned


Not too concerned

Not concerned at all


No
opinion

2006 May 12-13

22%

13

20

44

1



If you knew that your telephone company had provided your telephone records to the federal government as part of this program, would you feel that your personal privacy had been violated, or not?

Yes, would
feel violated

No,
would not

No
opinion

2006 May 12-13

57%

42

1



Would you favor or oppose holding immediate Congressional hearings to investigate this program?

Favor

Oppose

No opinion

2006 May 12-13

62%

34

4



How concerned are you that -- [ITEMS A-B ROTATED, ITEM C READ LAST]-- very concerned, somewhat concerned, not too concerned, or not concerned at all?

    1. Based on this program, the government would misidentify innocent Americans as possible terrorist suspects


    Very concerned

    Some-what concerned


    Not too concerned

    Not concerned at all


    No
    opinion

    2006 May 12-13

    36%

    29

    21

    14

    1



  1. Based on this program, the government would listen in on telephone conversations within the U.S. without first obtaining a warrant

  2. Very concerned

    Some-what concerned


    Not too concerned

    Not concerned at all


    No
    opinion

    2006 May 12-13

    41%

    22

    17

    19

    1



  3. The government is gathering other information on the general public, such as their bank records or Internet usage


Very concerned

Some-what concerned


Not too concerned

Not concerned at all


No
opinion

2006 May 12-13

45%

22

15

17

1



As you may know, shortly after the terrorist attacks on September 11, 2001, a law called the Patriot Act was passed which makes it easier for the federal government to get information on suspected terrorists through court-ordered wiretaps and searches. How familiar are you with the Patriot Act - very familiar, somewhat familiar, not too familiar, or not at all familiar?

Very
familiar

Somewhat familiar

Not too familiar

Not at all familiar

No
opinion

2006 Jan 6-8

17%

59

18

6

*

2004 Feb 16-17

13%

46

27

14

*

2003 Nov 10-12 ^

12%

41

25

22

*

2003 Aug 25-26 ^

10%

40

25

25

--

^

Asked of a half sample.



Based on what you have heard or read about the Patriot Act, do you think - [ROTATED: all of its provisions should be kept, that it needs minor changes, that it needs major changes, (or that) it needs to be eliminated completely]?

Keep all provisions

Minor changes

Major changes

Eliminated completely

No
opinion

2006 Jan 6-8

13%

50

24

7

7



As you may know, shortly after the terrorist attacks on September 11, 2001, a law called the Patriot Act was passed. That law deals with the ways the federal government can obtain private information on people living in the U.S. who are suspected of having ties with terrorists. Based on what you have read or heard, do you think the Patriot Act -- [ROTATED: goes too far, is about right, or does not go far enough] -- in restricting people's civil liberties in order to investigate suspected terrorism?

Goes
too far

About
right

Not far enough

No
opinion

2005 Dec 16-18 ^

34%

44

18

4

2005 Jun 24-26

30%

41

21

8

^

Asked of a half sample.



Which comes closer to your view -- [ROTATED: the government should take all steps necessary to prevent additional acts of terrorism in the U.S. even if it means your basic civil liberties would be violated, (or) the government should take steps to prevent additional acts of terrorism but not if those steps would violate your basic civil liberties]?

Take steps,
even if
civil liberties violated


Take steps but not violate civil liberties



No
opinion

%

%

%

2005 Dec 16-18 ^

31

65

4

2003 Nov 10-12 ^

31

64

5

2003 Aug 25-26 ^

29

67

4

2003 Apr 22-23

33

64

3

2002 Sep 2-4 ^

33

62

5

2002 Jun 21-23

40

56

4

2002 Jan 25-27

47

49

4

^

Asked of a half sample.



As you may know, shortly after the terrorist attacks on September 11, 2001, a law called the Patriot Act was passed. That law deals with the ways the federal government can obtain private information on people living in the U.S. who are suspected of having ties with terrorists. How familiar are you with the Patriot Act - very familiar, somewhat familiar, not too familiar, or not at all familiar?

Very familiar

Somewhat familiar

Not too familiar

Not at all familiar

No
opinion

2005 Jun 24-26

12%

52

25

11

--



Next, I will read a list of things government officials can do when conducting a terrorism investigation. For each, please tell me if this is something government officials can do specifically because of the Patriot Act, or if it is something they could have done prior to the Patriot Act being passed. How about -- [RANDOM ORDER]?

[BASED ON -505-NATIONAL ADULTS IN FORM A]

A. Hold terrorism suspects indefinitely without charging them with a crime or allowing them access to a lawyer

Can do because
of the Patriot Act

Could do before Patriot Act passed


No
opinion

2004 Feb 16-17

60%

26

14



B. Require non-U.S. citizens who are suspected of terrorism offenses to face a trial before a military tribunal

Can do because
of the Patriot Act

Could do before Patriot Act passed


No
opinion

2004 Feb 16-17

51%

34

15



C. Enter houses of worship or attend political rallies

Can do because
of the Patriot Act

Could do before Patriot Act passed


No
opinion

2004 Feb 16-17

28%

54

18



One provision in the Patriot Act allows federal agents to secretly search a U.S. citizen's home without informing the person of that search for an unspecified period of time. Do you approve or disapprove of this provision?

[BASED ON -501-NATIONAL ADULTS IN FORM B]

Approve

Disapprove

No opinion

2004 Feb 16-17

26%

71

3



Another provision in the Patriot Act requires businesses, including hospitals, bookstores, and libraries, to turn over records in terrorism investigations and prevents the businesses from revealing to their patients or clients that these records have been turned over to the government. Do you approve or disapprove of this provision?

[BASED ON -501-NATIONAL ADULTS IN FORM B]

Approve

Disapprove

No opinion

2004 Feb 16-17

45%

51

4



One provision of the Patriot Act allows federal agents in terrorism or money-laundering investigations to submit lists of people to financial institutions. The institutions are required to reveal whether the people on the lists have accounts with them. The federal agents can submit the names without a judge's prior approval. Do you approve or disapprove of this provision?

[BASED ON -501-NATIONAL ADULTS IN FORM B]

Approve

Disapprove

No opinion

2004 Feb 16-17

51%

45

4



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