Americans Demand Free Speech Protection in AI Legislation

FIRE POLL: Americans Overwhelmingly Want Free Speech Protected in AI Regulation

PHILADELPHIA, Feb. 10, 2026 — A new poll from the Foundation for Individual Rights and Expression reveals significant public sentiment regarding the intersection of artificial intelligence and free speech. As concerns about the rise of AI grow, a vast majority of Americans advocate for the protection of free speech in any related legislative efforts.

Key Findings from the National Speech Index

The latest edition of the National Speech Index indicates that while 72% of Americans express at least some concern about the everyday use of AI, an identical percentage also worries about government regulations that might infringe on human-made expression using AI. Specifically, 35% of respondents are “very” or “extremely” concerned about such regulatory measures.

Notably, 92% of Americans believe it is at least somewhat important for governments to protect free speech when regulating AI technologies. Among these, 60% assert it is “very” or “extremely” important, while only 8% deem it “not very” or “not at all” important.

Public Concerns Regarding AI Regulation

Americans express particular alarm over potential regulations that could criminalize criticism of government officials. 72% are concerned about laws that may restrict AI-generated content aimed at elected officials, with 41% being “very” or “extremely” concerned.

In contrast, concerns about the impact of AI legislation on social media usage are notably lower, as nearly 48% of respondents feel “not very” or “not at all” concerned about how such regulations might affect comedians and their ability to create parody.

Current Legislative Landscape

There is valid reason for concern. Currently, the Foundation for Individual Rights and Expression (FIRE) is tracking numerous bills across states such as Texas, Alaska, Arkansas, Illinois, and New York, which aim to criminalize certain AI depictions of politicians.

FIRE’s legislative counsel emphasized, “AI is an expressive tool, and the people who use it retain their First Amendment rights to share and seek information.”

Ongoing Public Sentiment on Free Speech

The January 2026 National Speech Index also highlights persistent pessimism regarding the future of free speech in America. 73% of respondents believe that the state of free speech is moving in the wrong direction, closely aligning with the 74% who felt the same in the previous October survey.

The National Speech Index, a quarterly poll designed by FIRE and conducted by the Dartmouth Polarization Research Lab, aims to capture American views on free speech and the First Amendment, tracking changes over time. The January 2026 edition surveyed 1,000 Americans from January 20 through 27, with a margin of error of ± 3%.

This ongoing discussion around AI and free speech underscores the critical balance that must be maintained as technology evolves in society.

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