Freedom of Thought and the Structure of American Constitutional Rights

Right to mental integrity and neurotechnologies: implications of the extended mind thesis

“…For instance, Blitz applies the EMT to the right to freedom of thought and argues that the right should not only protect our 'natural' ability to engage in reflection, but 'it should also lead courts to identify and protect technologies and resources that support mental autonomy and externalised thought' (p. 35). 47 Carter and Palermos consider the EMT in the context of personal assault and argue that legal theory and practices will need to expand their conception of personal assault so that it includes intentional harm to external artefacts that are sufficiently integrated with our mental machinery. 43 Palermos contends that an extended mind perspective would have significant implications for the right to mental privacy, as it would imply that information stored in external devices, which is relatively easy to access, could include mental data.…”

Cosmetic psychiatry: A concept in urgent need of consideration

“…14 On the grounds of so-called cognitive liberty, advocacy for legal access to cognitive-enhancing drugs is increasingly prevalent. 15 It has been argued that the professionally guided, supervised use of psychotropics is safer and more effective than self-prescribed or recreational use. 3 Indeed, the call for regulation of all psychotropic substances, as opposed to prohibition, is an old and arguably rational one.…”

“…10 Sagan argued that cannabis use, in moderation, was safe and beneficial in healthy people 10 Importantly, whilst Sagan may have felt cannabis helped produce 'serenity and insight', more contemporary evidence suggests it may also cause the opposite to this including disturbed memory and judgement, anxiety and psychosis. 15,16 Iconic American inventor, computer pioneer and founder of Apple, Steve Jobs, allegedly told his biographer that, 'taking LSD was a profound experience, one of the most important things in my life'. 11 He appeared to attribute much of his entrepreneurial success to the mental state enhancements provided by the drug: '[LSD] reinforced my sense of what was importantcreating great things instead of making money…' 11 It is important to note that Jobs' biographer had also described him as being 'depressed' at least once and described his personality in a way suggestive of high trait openness to experienceboth aspects of his personal history that may have contributed to his use of tryptamines.…”

“…14 On the grounds of so-called cognitive liberty, advocacy for legal access to cognitive-enhancing drugs is increasingly prevalent. 15…”