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 finds that while Americans are apprehensive about the rise of artificial intelligence, they overwhelmingly believe that legislators should protect freedom of speech when crafting AI legislation and are concerned about laws being used to stifle criticism of government officials.

The latest edition of the National Speech Index finds that most Americans are worried about the everyday use of AI, with 72% of Americans at least “somewhat” concerned, including 41% who are “very” or “extremely concerned.” But an identical percentage — 72% — is also at least somewhat concerned about the government regulating human-made expression that uses AI, with 35% “very” or “extremely” concerned.

In total, a whopping 92% of Americans say it is at least somewhat important for governments to protect free speech when regulating AI, including 60% who say it is “very” or “extremely” important. Only 8% say it is “not very” or “not at all” important.

“Our polling shows that Americans reject the false choice between regulating AI and protecting free speech,” said FIRE Chief Research Advisor Sean Stevens. “Legislators should follow their lead and regulate technology thoughtfully, without regulating away the rights of the people who use it.”

The National Speech Index is a recurring national survey that tracks Americans’ views on free expression, censorship, and First Amendment rights. For the January 2026 edition of the NSI, FIRE asked for the first time several questions about artificial intelligence and how Americans are grappling with the First Amendment implications of regulating this emerging technology.

Americans are most concerned about AI regulation when it could be used to criminalize criticism of government officials; 72% are concerned, and 41% “very” or “extremely” concerned that laws restricting AI-generated content could be used to suppress criticism of elected officials. By contrast, Americans are much less concerned about AI legislation’s possible effects on social media use, and nearly half (48%) are “not very” or “not at all” concerned about its effect on comedians’ ability to create parody.

Americans have good reason to be worried about AI regulation targeting criticism of elected officials. FIRE is currently tracking bills introduced in Texas, Alaska, Arkansas, Illinois, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nebraska, New York, South Carolina, Vermont, and Virginia that would criminalize AI depictions of politicians in some form or another.

“AI is an expressive tool, and the people who use it retain their First Amendment rights to share and seek information,” said FIRE legislative counsel John Coleman. “Like any technology, AI has its good and bad uses. But lawmakers must address genuine harms without writing laws that prevent Americans from criticizing those in power.”

The January 2026 NSI also found that pessimism for the future of free speech has not budged from its historic high in the previous edition of the NSI in October 2025. 73% of respondents now say they believe the state of free speech is headed in the wrong direction, roughly in line with the 74% of Americans who said the same in October.

The National Speech Index is a quarterly poll designed by FIRE and conducted by the Dartmouth Polarization Research Lab to capture Americans’ views on freedom of speech and the First Amendment, and to track how Americans’ views change over time. The January 2026 National Speech Index sampled 1,000 Americans and was conducted from Jan. 20 through 27. The survey’s margin of error is +/- 3%.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

The Polarization Research Lab (PRL) is a nonpartisan collaboration between faculty at Dartmouth College, Stanford University and the University of Pennsylvania. Its mission is to monitor and understand the causes and consequences of partisan animosity, support for democratic norm violations, and support for partisan violence in the American Public. With open and transparent data, it provides an objective assessment of the health of American democracy.

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org