Cognitive liberty, or the "right to mental self-determination", is the

freedom Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving one ...

of an individual to control their own mental processes,

cognition Cognition refers to "the mental action or process of acquiring knowledge and understanding through thought, experience, and the senses". It encompasses all aspects of intellectual functions and processes such as: perception, attention, though ...

, and

consciousness Consciousness, at its simplest, is sentience and awareness of internal and external existence. However, the lack of definitions has led to millennia of analyses, explanations and debates by philosophers, theologians, linguisticians, and scien ...

. It has been argued to be both an extension of, and the principle underlying, the right to

freedom of thought Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency ...

. Though a relatively recently defined concept, many theorists see cognitive liberty as being of increasing importance as technological advances in neuroscience allow for an ever-expanding ability to directly influence consciousness. Cognitive liberty is not a recognized right in any international human rights treaties, but has gained a limited level of recognition in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, and is argued to be the principle underlying a number of recognized rights.

Overview

The term "cognitive liberty" was coined by neuroethicist Dr. Wrye Sententia and legal theorist and lawyer Richard Glen Boire, the founders and directors of the non-profi
Center for Cognitive Liberty and Ethics
(CCLE). Sententia and Boire define cognitive liberty as "the right of each individual to think independently and autonomously, to use the full power of his or her mind, and to engage in multiple modes of thought." Sententia and Boire conceived of the concept of cognitive liberty as a response to the increasing ability of technology to monitor and manipulate cognitive function, and the corresponding increase in the need to ensure individual cognitive autonomy and privacy.Sententia (2004), 223 Sententia divides the practical application of cognitive liberty into two principles: #As long as their behavior does not endanger others, individuals should not be compelled against their will to use technologies that directly interact with the brain or be forced to take certain psychoactive drugs. #As long as they do not subsequently engage in behavior that harms others, individuals should not be prohibited from, or criminalized for, using new mind-enhancing drugs and technologies. These two facets of cognitive liberty are reminiscent of Timothy Leary's "Two Commandments for the Molecular Age", from his 1968 book ''The Politics of Ecstasy'': Supporters of cognitive liberty therefore seek to impose both a negative and a positive obligation on states: to refrain from non-consensually interfering with an individual's cognitive processes, and to allow individuals to self-determine their own "inner realm" and control their own mental functions.Bublitz and Merkel, 60

Freedom from interference

This first obligation, to refrain from non-consensually interfering with an individual's cognitive processes, seeks to protect individuals from having their mental processes altered or monitored without their consent or knowledge, "setting up a defensive wall against unwanted intrusions". Ongoing improvements to neurotechnologies such as

transcranial magnetic stimulation Transcranial magnetic stimulation (TMS) is a noninvasive form of brain stimulation in which a changing magnetic field is used to induce an electric current at a specific area of the brain through electromagnetic induction. An electric pulse gener ...

and

electroencephalography Electroencephalography (EEG) is a method to record an electrogram of the spontaneous electrical activity of the brain. The biosignals detected by EEG have been shown to represent the postsynaptic potentials of pyramidal neurons in the neocorte ...

(or "brain fingerprinting"); and to pharmacology in the form of

selective serotonin reuptake inhibitors Selective serotonin reuptake inhibitors (SSRIs) are a class of drugs that are typically used as antidepressants in the treatment of major depressive disorder, anxiety disorders, and other psychological conditions. SSRIs increase the extracellul ...

(SSRIs),

Nootropics Nootropics ( , or ) (colloquial: smart drugs and cognitive enhancers, similar to adaptogens) are a wide range of natural or synthetic supplements or drugs and other substances that are claimed to improve cognitive function or to promote re ...

Modafinil Modafinil, sold under the brand name Provigil among others, is a central nervous system (CNS) stimulant medication used to treat sleepiness due to narcolepsy, shift work sleep disorder, and obstructive sleep apnea. While it has seen off-la ...

and other

psychoactive drugs A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior. Th ...

, are continuing to increase the ability to both monitor and directly influence human cognition. As a result, many theorists have emphasized the importance of recognizing cognitive liberty in order to protect individuals from the state using such technologies to alter those individuals’ mental processes: "states must be barred from invading the inner sphere of persons, from accessing their thoughts, modulating their emotions or manipulating their personal preferences."Bublitz and Merkel, 61 These specific ethical concerns regarding the use of neuroscience technologies to interfere or invade the brain form the fields of neuroethics and neuroprivacy. This element of cognitive liberty has been raised in relation to a number of state-sanctioned interventions in individual cognition, from the mandatory psychiatric 'treatment' of homosexuals in the US before the 1970s, to the non-consensual administration of psychoactive drugs to unwitting US citizens during

CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...

Project MKUltra Project MKUltra (or MK-Ultra) was an illegal human experimentation program designed and undertaken by the U.S. Central Intelligence Agency (CIA), intended to develop procedures and identify drugs that could be used in interrogations to weak ...

, to the forcible administration of mind-altering drugs on individuals to make them competent to stand trial.

Futurist Futurists (also known as futurologists, prospectivists, foresight practitioners and horizon scanners) are people whose specialty or interest is futurology or the attempt to systematically explore predictions and possibilities abo ...

and bioethicist

George Dvorsky George P. Dvorsky (born May 11, 1970) is a Canadian bioethicist, transhumanist and futurist. He is a contributing editor at io9 and producer of the ''Sentient Developments'' blog and podcast. He was chair of the board for the Institute for Et ...

, chair of the Board of the Institute for Ethics and Emerging Technologies has identified this element of cognitive liberty as being of relevance to the

debate Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...

around the curing of

autism spectrum The autism spectrum, often referred to as just autism or in the context of a professional diagnosis autism spectrum disorder (ASD) or autism spectrum condition (ASC), is a neurodevelopmental condition (or conditions) characterized by difficulti ...

conditions.

Duke University School of Law Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit t ...

Professor Nita A. Farahany has also proposed legislative protection of cognitive liberty as a way of safeguarding the protection from self-incrimination found in the Fifth Amendment to the US Constitution, in the light of the increasing ability to access human memory. Though this element of cognitive liberty is often defined as an individual's freedom from ''state'' interference with human cognition, Jan Christoph Bublitz and Reinhard Merkel among others suggest that cognitive liberty should also prevent other, non-state entities from interfering with an individual's mental "inner realm".Boire, Part IBublitz and Merkel, 68 Bublitz and Merkel propose the introduction of a new criminal offense punishing "interventions severely interfering with another’s mental integrity by undermining mental control or exploiting pre-existing mental weakness." Direct interventions that reduce or impair cognitive capacities such as memory, concentration, and willpower; alter preferences, beliefs, or behavioral dispositions; elicit inappropriate emotions; or inflict clinically identifiable mental injuries would all be ''prima facie'' impermissible and subject to criminal prosecution. Sententia and Boire have also expressed concern that corporations and other non-state entities might utilize emerging neurotechnologies to alter individuals' mental processes without their consent.

Freedom to self-determine

Where the first obligation seeks to protect individuals from interference with cognitive processes by the state, corporations or other individuals, this second obligation seeks to ensure that individuals have the freedom to alter or enhance their own consciousness. An individual who enjoys this aspect of cognitive liberty has the freedom to alter their mental processes in any way they wish to; whether through indirect methods such as

meditation Meditation is a practice in which an individual uses a technique – such as mindfulness, or focusing the mind on a particular object, thought, or activity – to train attention and awareness, and achieve a mentally clear and emotionally calm ...

yoga Yoga (; sa, योग, lit=yoke' or 'union ) is a group of physical, mental, and spiritual practices or disciplines which originated in ancient India and aim to control (yoke) and still the mind, recognizing a detached witness-consciou ...

prayer Prayer is an invocation or act that seeks to activate a rapport with an object of worship through deliberate communication. In the narrow sense, the term refers to an act of supplication or intercession directed towards a deity or a deifie ...

; or through direct cognitive intervention through

neurotechnology Neurotechnology encompasses any method or electronic device which interfaces with the nervous system to monitor or modulate neural activity. Common design goals for neurotechnologies include using neural activity readings to control external devi ...

. As psychotropic drugs are a powerful method of altering cognitive function, many advocates of cognitive liberty are also advocates of drug law reform; claiming that the "

war on drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...

" is in fact a "war on mental states". The CCLE, as well as other cognitive liberty advocacy groups such a
Cognitive Liberty UK
have lobbied for the re-examination and reform of prohibited drug law; one of the CCLE's key guiding principles is that: "governments should not criminally prohibit cognitive enhancement or the experience of any mental state". Calls for reform of restrictions on the use of prescription cognitive-enhancement drugs (also called smart drugs or

nootropics Nootropics ( , or ) (colloquial: smart drugs and cognitive enhancers, similar to adaptogens) are a wide range of natural or synthetic supplements or drugs and other substances that are claimed to improve cognitive function or to promote re ...

) such as

Prozac Fluoxetine, sold under the brand names Prozac and Sarafem, among others, is an antidepressant of the selective serotonin reuptake inhibitor (SSRI) class. It is used for the treatment of major depressive disorder, obsessive–compulsive disorde ...

Ritalin Methylphenidate, sold under the brand names Ritalin and Concerta among others, is the most widely prescribed central nervous system (CNS) stimulant medication used to treat attention deficit hyperactivity disorder (ADHD) and, to a lesser extent ...

and

Adderall Adderall and Mydayis are trade names for a combination drug called mixed amphetamine salts containing four salts of amphetamine. The mixture is composed of equal parts racemic amphetamine and dextroamphetamine, which produces a (3:1) ratio ...

have also been made on the grounds of cognitive liberty. This element of cognitive liberty is also of great importance to proponents of the transhumanist movement, a key tenet of which is the enhancement of human mental function. Dr Wrye Sententia has emphasized the importance of cognitive liberty in ensuring the freedom to pursue human mental enhancement, as well as the freedom to choose against enhancement.Sententia (2013), 356 Sententia argues that the recognition of a "right to (and not to) direct, modify, or enhance one's thought processes" is vital to the free application of

emerging ''Emerging'' is the title of the only album by the Phil Keaggy Band, released in 1977 on NewSong Records. The album's release was delayed due to a shift in record pressing plant priorities following the death of Elvis Presley. The album was re ...

to enhance human cognition; and that something beyond the current conception of freedom of thought is needed. Sententia claims that "cognitive liberty's strength is that it protects those who do want to alter their brains, but also those who do not".

Relationship with recognized human rights

Cognitive liberty is not currently recognized as a human right by any international human rights treaty. While

is recognized by Article 18 of the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...

(UDHR), freedom of thought can be distinguished from cognitive liberty in that the former is concerned with protecting an individual's freedom to think ''whatever'' they want, whereas cognitive liberty is concerned with protecting an individual's freedom to think ''however'' they want. Cognitive liberty seeks to protect an individual's right to determine their own state of mind and be free from external control over their state of mind, rather than just protecting the content of an individuals’ thoughts.Boire, Part II It has been suggested that the lack of protection of cognitive liberty in previous human rights instruments was due to the relative lack of technology capable of directly interfering with mental autonomy at the time the core human rights treaties were created. As the human mind was considered invulnerable to direct manipulation, control or alteration, it was deemed unnecessary to expressly protect individuals from unwanted mental interference. With modern advances in

neuroscience Neuroscience is the science, scientific study of the nervous system (the brain, spinal cord, and peripheral nervous system), its functions and disorders. It is a Multidisciplinary approach, multidisciplinary science that combines physiology, an ...

and in anticipation of its future development however, it is argued that such express protection is becoming increasingly necessary. Cognitive liberty then can be seen as an extension of or an "update" to the right to freedom of thought as it has been traditionally understood. Freedom of thought should now be understood to include the right to determine one's own mental state as well as the content of one's thoughts. However, some have instead argued that cognitive liberty is already an inherent part of the international human rights framework as the principle underlying the rights to freedom of thought, expression and religion.Bublitz and Merkel, 63 The freedom to think in whatever manner one chooses is a "necessary precondition to those guaranteed freedoms." Daniel Waterman and Casey William Hardison have argued that cognitive liberty is fundamental to Freedom of Thought because it encompasses the ability to have certain types of experiences, including the right to experience altered or non-ordinary states of consciousness. It has also been suggested that cognitive liberty can be seen to be a part of the inherent

dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inaliena ...

of human beings as recognized by Article 1 of the UDHR. Most proponents of cognitive liberty agree however that cognitive liberty should be expressly recognized as a human right in order to properly provide protection for individual cognitive autonomy.

Legal recognition

In the United States

Richard Glen Boire of the Center for Cognitive Liberty and Ethics filed an ''amicus'' brief with the

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...

in the case of ''

Sell v. United States ''Sell v. United States'', 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendan ...

'', in which the Supreme Court examined whether the court had the power to make an order to forcibly administer antipsychotic medication to an individual who had refused such treatment, for the sole purpose of making them

competent Competence may refer to: *Competence (geology), the resistance of a rock against deformation or plastic flow. *Competence (human resources), a standardized requirement for an individual to properly perform a specific job *Competence (law), the me ...

to stand trial.

In the United Kingdom

In the case of ''R v Hardison'', the defendant, charged with eight counts under the

Misuse of Drugs Act 1971 The Misuse of Drugs Act 1971 is an Act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nati ...

(MDA), including the production of

DMT ''N'',''N''-Dimethyltryptamine (DMT or ''N'',''N''-DMT, SPL026) is a substituted tryptamine that occurs in many plants and animals, including human beings, and which is both a derivative and a structural analog of tryptamine. It is used as a ...

and LSD, claimed that cognitive liberty was safeguarded by

Article 9 of the European Convention on Human Rights Article 9 of the European Convention on Human Rights provides a right to freedom of thought, conscience, and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and ...

. Hardison argued that "individual sovereignty over one's interior environment constitutes the very core of what it means to be free", and that as psychotropic drugs are a potent method of altering an individual's mental process, prohibition of them under the MDA was in opposition to Article 9. The court however disagreed, calling Hardison's arguments a "portmanteau defense" and relying upon the UN Drug Conventions and the earlier case of ''R v Taylor'' to deny Hardison's right to appeal to a superior court.Walsh, 437 Hardison was convicted and given a 20-year prison sentence, though he was released on 29 May 2013 after nine years in prison.

Criticism

While there has been little publicized criticism of the concept of cognitive liberty itself, drug policy reform and the concept of human enhancement, both closely linked to cognitive liberty, remain highly controversial issues. The recent development of neurosciences is increasing the possibility of controlling and influence specific mental functions. The risks inherent in removing restrictions on controlled cognitive-enhancing drugs, including of widening the gap between those able to afford such treatments and those unable to do so, have caused many to remain skeptical about the wisdom of recognizing cognitive liberty as a right.

Political philosopher Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics ...

and

Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of highe ...

professor Michael J. Sandel, when examining the prospect of memory enhancement, wrote that "some who worry about the ethics of cognitive enhancement point to the danger of creating two classes of human beings – those with access to enhancement technologies, and those who must make do with an unaltered memory that fades with age." Cognitive liberty then faces opposition obliquely in these interrelated debates. But these objections to cognitive enhancement have not gone unchallenged and debate continues still.

References

{{Human rights Human rights Civil rights and liberties Identity politics Medical ethics Drug culture Transhumanism Psychedelics, dissociatives and deliriants