According to a new survey, four in 10 college students believe people should face criminal prosecution for expressing opinions they find offensive. (Skynesher/iStock)
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Four in 10 college students believe people should face criminal prosecution for expressing opinions they find offensive, according to a new poll that raises questions about the next generation’s attitudes toward free speech and the First Amendment.
“Four in ten (40%) agree that offensive speech should be subject to criminal prosecution, while 52% disagree. Agreement is up seven points from last year and is the highest in the three years this question has been asked,” a recent survey from the Buckley Institute found.
The survey also found that 45% of students believe violence is acceptable to stop offensive speech.
“Forty-five percent (45%) agree that physical violence can be justified to prevent a person from using hate speech or making racially charged comments, while 50% disagree,” the survey states. “Agreement is up six points from last year and ties the all-time high of 45% set in 2023. In 2017, the first year this question was asked, agreement was 30%.”
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The survey also found that 42% agree that political comments they disagree with can be harmful to their mental health, while 53% disagree, up four points from last year and is the highest reading in the five years this question has been asked.
The survey polled 803 undergrads at four-year colleges across the country in mid-September.
The survey included full-time undergraduate students under the age of 25 attending four-year public or private colleges and universities. It excluded part-time students, those 25 and older, and students enrolled in community colleges, technical schools or trade schools.
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Alexei Laushkin, Jessica Moerman, Katie Mahoney, and Rev. Patrick Mahoney hold a banner that reads “Practice Free Speech!” on the House East Front Steps at the U.S. Capitol Building on Oct. 14, 2025, in Washington, D.C. (Andrew Harnik/Getty Images)
Lauren Noble, the executive director of the Buckley Institute, told Fox News Digital in a statement Tuesday that the support among undergraduates for prosecuting free speech is a red flag for the country.
“The high levels of undergraduate support for censorship should serve as a warning to America,” Noble said. “The 40% of undergraduates who support criminalizing offensive speech will bring that perspective into their communities and workplaces after they graduate. Two hundred fifty years after America’s founding, defenders of the First Amendment should be worried about what the future holds when these censorious students assume positions of leadership.”
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She added that institutions of higher learning have dropped the ball when it comes to educating students on why the First Amendment is a crucial right.
“The survey data shows that America’s colleges and universities are clearly not doing enough to impress upon their students why free speech is so critical to a free society,” Noble added. “When significant numbers of college students accept violence and shout downs as appropriate responses to speech they disagree with, alarm bells should be ringing for Americans across the political spectrum.”
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