Polling research can play a critical role in shaping public opinion and public policy, so it's crucial that it be conducted well. Polling (survey) research is increasingly used in court cases, too. Because survey research can have an important impact, it's important to scrutinize a survey's research methods.
An example from the United States is a landmark gun-rights case (known as the Bruen case) from 2022, one of many pro-gun rulings in recent years. In the Bruen case, the Court ruled that New York State could not outlaw concealed-carry handguns. In their written opinions, several of the justices cited polling research that supposedly found that guns are "commonly" used for self-defense.
The full story can be found here, and it was covered in the podcast, The Daily, on June 20, 2024 (available here).
According to reporting by New York Times journalists, the U.S. Supreme Court's decision in the Bruen case depended, in part, on the results of expert research: a survey of gun owners conducted by Georgetown business professor William English. English's survey data was used to argue that many gun owners use guns for self-defense. The Court accepted the research as expert testimony and allowed it to influence their reasoning. However, when journalists started looking into the survey and the researcher who conducted it, they found instances of questionable scientific practice.
First, the researcher who conducted the survey has not made himself available to journalists to answer questions about his research and he also did not respond to requests that he testify in court about his work on the survey. This reticence to answer questions about one's research goes against scientific norms of transparency, or as Merton called it, communality. As the textbook says, "Scientists should transparently and freely share the results of their work with other scientists and the public", p. 15. From the journalist:
Government lawyers tried to talk with [Dr.English] in December, after his research surfaced in a Firearms Policy Coalition lawsuit seeking to overturn Washington State’s ban on assault weapons. But Dr. English did not respond to emails, phone calls or a certified letter, and a process server bearing a subpoena could not find him at the university or his home, where someone inside “looked at the door, then turned away,” according to court records.
Faced with efforts to compel his testimony, the pro-gun plaintiffs in [a different] Washington case chose to drop all references to his research.
Second, the Dr. English misled people about his impartiality as a scientist. Specifially, the journalists learned that the surveys he conducted were funded by pro-gun legal groups connected to the National Rifle Association. Failing to disclose one's funding is a potential conflict of interest and violates Merton's norm of disinterestedness, which says "scientists strive to discover the truth, whatever it is; they are not swayed by conviction, idealism, politics, or profit," (p. 15). From the story:
Dr. English seems at first glance to be an impartial researcher interested in data-driven insights. He has said his “scholarly arc” focuses on good public policy, and his lack of apparent ties to the gun lobby has lent credibility to his work.
But Dr. English’s interest in firearms is more than academic: He has received tens of thousands of dollars as a paid expert for gun rights advocates, and his survey work, which he says was part of a book project, originated as research for a National Rifle Association-backed lawsuit....
At least one of Dr. English's papers on the gun survey in question (which is published here) does not disclose this funding.
Third, the journalists reported that Dr English's research methods probably led to misleading results and interpretations of the data. Specifically, the journalists reported:
... the wording of some questions could elicit answers overstating defensive gun use, and that he cherry-picked pro-gun responses.
An example comes from the self-defense question on the survey. In reporting his results, English asserted that 31% of his survey respondents said "yes" when asked, "Have you ever defended yourself or your property with a firearm, even if it was not fired or displayed?" But in that presentation, English left out the full text of the question. The Times report highlighted in blue the omitted portions:
Many policymakers recognize that a large number of people participate in shooting sports but question how often guns are used for self-defense. Have you ever defended yourself or your property with a firearm, even if it was not fired or displayed? Please do not include military service, police work, or work as a security guard.
In Chapter 6, you can read that this is a potential example of a leading question. Gun owners might be more motivated to answer "yes" to it, given its lead-in.
Here's another example of leading question wording (with a leading portion highlighted in blue), coupled with English's misleading presentation of results:
Some have argued that few gun owners actually want or use guns that are commonly classified as ‘assault weapons.’ Have you ever owned an AR-15 or similarly styled rifle? You can include any rifles of this style that have been modified or moved to be compliant with local law. Answering this will help us establish how popular these types of firearms are.
Reflection Questions:
a) What's the difference between writing a leading survey question and writing a misleading summary of one's research?
b) What do you think might have happened in the court cases if Dr. English had been more up-front about who funded his research?
c) What do you think might have happened in the court cases if briefs about Dr. English's presentation of his research had included the full texts of the questions he used?