Freedom of Thought, Conscience, and AI

Abstract The article addresses the challenges that increasing capabilities pose to freedom of thought and conscience. The author contrasts the ongoing debate about the ability to manipulate the human mind with the deeply rooted theories and judicial treatments of freedom of thought and conscience and argues for renewed attention to the subject. Briefly noting that the issue of AI manipulation has especially preoccupied legal scholars, institutions, and societies at large for its impact on the economic market, religious extremism, and politics, the author argues that the capabilities of AI stretch well beyond these limited fields as they challenge the centuries-long notion of freedom of conscience and thought. Because AI capabilities can extract information about individuals’ thoughts and feelings, they are making obsolete the deeply held belief that what is within the human mind ( forum internum ) is protected from intrusion by its very nature. The author explores the notion of the extended mind to show how the frequent reliance on smart technologies reveals a need to strengthen their protection in order to protect their users. Finally, the author criticizes the widespread focus on the notion of manipulation in recent developments across a range of disciplines and argues for a stronger and more direct consideration of freedom of thought and conscience to update their legal and academic treatment.