(Jan) Christoph Bublitz
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jcbublitz.bsky.social
(Jan) Christoph Bublitz
@jcbublitz.bsky.social
Legal Scholar @UHH
Law & Philosophy, Psychology, Neuroscience
Human right to freedom of thought
PI of projects on neurotech, psychedelics & Virtual Reality
I use this space for posting papers and digital note taking
www.christophbublitz.de
Fin/
A warm thanks to all contributors for their hopefully timeless pieces.
February 8, 2026 at 8:08 PM
13/ Finally, Emine Ozge Yildirim-Vranckaert explores the absolute nature of the right, in analogy to the prohibition of torture. Perusasively, she argues that the "threshold" approach by the ECtHR in Art. 3 can be applied, mutatis mutandis, to freedom of thought.
link.springer.com/chapter/10.1...
The Mind and the Law: A Contextualized Framework for Freedom of Thought Under the European Convention on Human Rights
This chapter critically examines the scope of protection for freedom of thought under Article 9(1) of the European Convention on Human Rights (ECHR), emphasizing the underdeveloped forum internum aspe...
link.springer.com
February 8, 2026 at 8:08 PM
12/ Ligthart, in turn, replies to several points, clarifies his argument, and identifies common ground and open questions. Thanks for the fair debate, which we hopefully continue.
papers.ssrn.com/sol3/papers....
papers.ssrn.com
February 8, 2026 at 8:08 PM
11/ In response, I present ten different understandings of "thought". Drawing on the Vienna rules and canons of interpretation, I propose a broader "robust scope". I also provide a test for identifying potentially impermissible interferences.
link.springer.com/chapter/10.1...
What Is “Thought”? Interpreting and Constructing Article 18 ICCPR in Light of the Vienna Convention
The right to freedom of thought encapsulates the idea that certain parts of the mind should be categorically out of governmental reach. But both the scope of the right and the meaning of “t...
link.springer.com
February 8, 2026 at 8:08 PM
10/ Drawing on a range of sources, Sjors Ligthart challenges the idea that aspects of mental privacy fall under the right to freedom of thought and argues for a more limited scope, only "thoughts that have a major impact on a person's way of living" should qualify.
papers.ssrn.com/sol3/papers....
Mental Privacy as Part of the Human Right to Freedom of Thought?
It is generally accepted that the right to freedom of thought guarantees three different substantive freedoms: (1) that one is not compelled to reveal one’s tho
papers.ssrn.com
February 8, 2026 at 8:08 PM
9/ My co-editor Marc Blitz explores positive and mnegative variants of cognitive liberty under the US Constitution, and finds possible precedents for its future evolution in privacy protections against surveillance technologies and 1st amendment doctrines.
link.springer.com/chapter/10.1...
Cognitive Liberty and Rights to (and Against) Cultural and Chemical Transformations of the Mind
In 1969, in Stanley v. Georgia, the Supreme Court of the United States stressed that there is a constitutional right to form one’s thoughts and not simply to express them. The resources for thou...
link.springer.com
February 8, 2026 at 8:08 PM
8/ In chapter 5, Jordan Wallace-Wolf addresses a long-standing puzzle: Why does American law give criminal defendants the right to refuse to incriminate themselves—even when their testimony would help find the truth? And should this extend to refusing brain scans revealing incriminating memories?
February 8, 2026 at 8:08 PM
7/ Patrick O'Callaghan & Bethany Shiner situate "privacy as mental integrity" within the intellectual and legal history of privacy rights. They explain this concept as one of at least six different socio-cultural narratives about privacy that each shape law in distinctive ways.
February 8, 2026 at 8:08 PM
6/ Chapter 3 by Emma Dore-Hagen & Tom Douglas tackles a foundational question: Does freedom of thought include a moral right to acquire control over our thoughts including through psychological techniques? And should others be prohibited from interfering with our attempts to gain such control?
February 8, 2026 at 8:08 PM
5/ In chapter 2, I trace the evolution of cognitive liberty from a countercultural rallying cry in the bay area to a norm explicitly recognized in international soft law instrument. I present different understandings and speculate about its future. Chapter free:
link.springer.com/chapter/10.1...
February 8, 2026 at 8:08 PM
4/ The essay was also the opener for the new Journal of Cognitive Liberties, a "samisdat" with readers around the globe. The journals are still accessible online:

www.cognitiveliberty.org/journal-of-c...
February 8, 2026 at 8:08 PM
3/ The essay was an eye- and mind-opener for many, showing the need for an updated interpretation of the concept and right of freedom of thought: cognitive liberty. At the same time, the Center for Cognitive Liberty & Ethics was founded to advocate for the right in courts and politics.
February 8, 2026 at 8:08 PM
2/ Book: link.springer.com/book/10.1007...

You can also read our preface detailing the chapters here: link.springer.com/content/pdf/...

We are especially happy about reprinting the pathbreaking essay "On Cognitive Liberty" by Richard Glen Boire (2000), who coined the term with Wyre Sententia.
link.springer.com
February 8, 2026 at 8:08 PM