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This book examines the ethical and legal challenges presented by
modern techniques of memory retrieval, especially within the
context of potential use by the US government in courts of law.
Specifically, Marc Blitz discusses the Fourth Amendment's
protections against unreasonable searches and the Fifth Amendment's
self-incrimination clause. He also argues that we should pay close
attention to another constitutional provision that individuals
generally don't think of as protecting their privacy: The First
Amendment's freedom of speech. First Amendment values also protect
our freedom of thought, and this-not simply our privacy-is what is
at stake if government engaged in excessive monitoring of our
minds.
Freedom of thought is one of the great and venerable notions of
Western thought, often celebrated in philosophical texts - and
described as a crucial right in American, European, and
International Law, and in that of other jurisdictions. What it
means more precisely is, however, anything but clear; surprisingly
little writing has been devoted to it. In the past, perhaps, there
has been little need for such elaboration. As one Supreme Court
Justice stressed, "[f]reedom to think is absolute of its own
nature" because even "the most tyrannical government is powerless
to control the inward workings of the mind." But the rise of brain
scanning, cognition enhancement, and other emerging technologies
make this question a more pressing one. This volume provides an
interdisciplinary exploration of how freedom of thought might
function as an ethical principle and as a constitutional or human
right. It draws on philosophy, legal analysis, history, and
reflections on neuroscience and neurotechnology to explore what
respect for freedom of thought (or an individual's cognitive
liberty or autonomy) requires.
Freedom of thought is one of the great and venerable notions of
Western thought, often celebrated in philosophical texts - and
described as a crucial right in American, European, and
International Law, and in that of other jurisdictions. What it
means more precisely is, however, anything but clear; surprisingly
little writing has been devoted to it. In the past, perhaps, there
has been little need for such elaboration. As one Supreme Court
Justice stressed, "[f]reedom to think is absolute of its own
nature" because even "the most tyrannical government is powerless
to control the inward workings of the mind." But the rise of brain
scanning, cognition enhancement, and other emerging technologies
make this question a more pressing one. This volume provides an
interdisciplinary exploration of how freedom of thought might
function as an ethical principle and as a constitutional or human
right. It draws on philosophy, legal analysis, history, and
reflections on neuroscience and neurotechnology to explore what
respect for freedom of thought (or an individual's cognitive
liberty or autonomy) requires.
This book examines the ethical and legal challenges presented by
modern techniques of memory retrieval, especially within the
context of potential use by the US government in courts of law.
Specifically, Marc Blitz discusses the Fourth Amendment's
protections against unreasonable searches and the Fifth Amendment's
self-incrimination clause. He also argues that we should pay close
attention to another constitutional provision that individuals
generally don't think of as protecting their privacy: The First
Amendment's freedom of speech. First Amendment values also protect
our freedom of thought, and this-not simply our privacy-is what is
at stake if government engaged in excessive monitoring of our
minds.
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