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Clear Majority Rejects Immunity for Phone CompaniesThe Mellman GroupJanuary 18, 2008 This analysis represents the findings of a national survey of 1000 likely 2008 general election voters. Interviews were conducted by telephone January 11 to January 15, 2008. To insure an unbiased sample, random-digit-dialing techniques were used and respondents screened for being likely voters. The margin of error for this survey is +/-3.1% at the 95% level of confidence. The margin of error is higher for subgroups. While Americans surely want to protect the country from terrorism, they also insist on protecting our constitutional rights. Opposition to key elements of the Bush Administration's FISA agenda-- warrantless wiretaps, blanket warrants, and immunity for telecommunication companies that may have broken the law—remains quite strong. In fact, large majorities across almost every demographic subgroup of voters oppose all three of these proposals. Opposition to the Administration's FISA agenda is as strong or stronger today than it was three months ago. As a result, Members of Congress who stand in defense of constitutional rights have little to fear from their constituents. VOTERS STRONGLY SUPPORT REQUIRING THE GOVERNMENT TO GET WARRANTS BEFORE WIRETAPPING CONVERSATIONS U.S. CITIZENS HAVE WITH PEOPLE ABROAD
Support for this constitutional right is both deep and wide, cutting across every demographic segment. Whether they are old or young (age 60+ 61% warrants required, age 50-59 61%, age 40-49 66%, age 18-39 66%), more or less educated (college grads 67%, some college 65%, high school or less 57%), black or white (black 83% warrants required, whites 60%), upper class or lower (upper/upper-middle 63% warrants required, middle 66%, working/lower 57%) overwhelming majorities favor requiring warrants for government wiretaps of Americans' international conversations. Eight-in-ten percent (80%) of Democrats, 56% of independents, and even half (50%) of the President's own Republicans oppose tapping Americans' international conversations without a warrant. Public demand for requiring warrants for wiretaps of Americans' international conversations also cuts across geography. Large majorities in every part of the country favor requiring warrants: 72% in the Northeast, 64% in the South, 62% in the West, and 57% in the Midwest. Both less religious voters (68% warrants required) and those who are very religious (59% warrants required) oppose wiretapping Americans' international conversations without a warrant. The same is true of both households with veterans (58%) and non-veteran households (65%). OPPOSITION TO BLANKET WARRANTS IS STRONG AND ROBUST
Strikingly, majorities across partisan and ideological lines oppose blanket warrrants. Sixty-seven percent (67%) of Democrats, 55% of independents and 51% of Republicans join 62% of liberals, 59% of moderates and 55% of conservatives in opposing blanket warrants (also known as "basket warrants"), demanding instead that warrants be individual. Majorities in every region of the country concur : (West: 57% oppose, 33% favor; Midwest: 56% oppose, 33% favor; Northeast: 68%oppose, 25% favor; South: 55% oppose, 37% favor). A large majority (63%) of voters in households with veterans oppose blanket warrants—even higher than the proportion (56%) in nonveteran households. Voters' views on this issue are quite robust, impervious to even a strong argument in favor of
blanket warrants. Voters were given the argument against blanket warrants and also heard a strong
statement from supporters, using the administration's language, arguing that they are critical to
keeping Americans safe, that courts would still be involved, and that intelligence agencies should
not be bogged down with burdens by giving terrorists rights. Yet, even in the face of these
powerful arguments, twothirds (66%) still oppose eliminating the requirement that wiretap warrants
be sought on an individual basis. In fact, a majority (51%) continue to strongly support the
requirement for individual warrants. Only about onequarter (26%) A LARGE MAJORITY OPPOSE AMNESTY FOR THE TELECOM INDUSTRY Fifty-seven percent (57%) of voters reject immunity for phone companies that may have violated the law by selling customers' private information to the government, preferring to let courts decide the outcome of any cases. Again intensity favors opponents of immunity, with 45% "strongly" opposed. Just one-third (33%) support immunity for the phone companies, with only about 1-in-5 (22%) strongly supporting immunity1. In our previous survey we used the term "amnesty" instead of immunity. Some maintained that the word was charged as a result of the immigration debate and that use of the word "immunity" might produce different results. It did not. In fact, 57% opposed giving the phone companies "immunity" (33% give immunity), compared to 55% who rejected "amnesty" for the phone companies (35% give amnesty). Intensity was the same regardless of whether voters were asked about "amnesty" or "immunity": in each case, 45% felt strongly that the courts should be left to decide.
AMERICANS BELIEVE THESE ISSUES ARE IMPORTANT
1 Full question wording: "U.S. phone companies recently gave the private records of millions of their customers to the government because the government said it needed the private records to investigate terrorism. Some people say the telephone companies' release of customers' private records is against the law. Congress is considering a bill that gives phone companies immunity, preventing any legal action against them for releasing those private records to the government. Do you think Congress should give the phone companies immunity from legal action against the companies or should citizens who believe their rights have been violated be free to take legal action against those phone companies and let the courts decide the outcome?" |