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FSU Law Focus - 10/11/2024
Get PDFFrom the Dean: Institute of Law, Technology & Innovation Frontiers in Law and Technology webinar ( Space Law: Logic is (Allegedly) the Beginning of Wisdom ); Professor Brian Slocum Among Top 10 Most Cited Legislation Law Faculty in Country; FSU Center for Environmental, Energy & Land Use Law Shares 2024-25 Events Schedulehttps://ir.law.fsu.edu/fsu-law-focus/1379/thumbnail.jp
Cognitive Content Moderation: Freedom of Thought and the First Amendment Right to Receive Subconscious Information
Get PDFIn the television series Severance, employees of Lumon Industries receive brain implants that divide their memories of work and home life. When employees arrive at work, implants block access to memories of the outside world and unlock memories formed on the job. By manipulating the flow of information in employees\u27 brains, Lumon engages in what this Article calls cognitive content moderation. Though Severance is science fiction, emerging technologies, including drugs and electronic devices, promote cognitive content moderation by influencing thought, memory, and perception. Constitutional law is unprepared. To clarify freedom of thought and make it more useful, this Article presents a novel information-based theory of mind, which frames thought in terms of information flow. This approach bridges the divide between (1) free thought theory and doctrine, which are underdeveloped and underused, and (2) free speech theory and doctrine, which are robust and frequently employed.
Framing thought in terms of information flow allows the application of existing free speech doctrine to freedom of thought. For instance, the established First Amendment right to receive information and ideas can be applied to cognitive processes such as thought and recollection. These phenomena require the transfer of information from subconscious brain regions to one\u27s conscious mind, which can be considered a listener for First Amendment purposes. Framing thought in terms of information flow also suggests the existence of a right to receive subconscious information, which protects listeners from coercive cognitive content moderation. The government interferes with this right by impeding the flow of mental information or restricting access to technologies that promote it. Framing thought in terms of information flow also defends freedom of thought\u27s status as a fundamental First Amendment right. After describing the right to receive subconscious information and how existing theory and doctrine support it, this Article applies it to four examples of cognitive content moderation. It explains how the information-based theory intersects with First Amendment doctrine on commercial speech, government speech, and compelled speech. It concludes by discussing potential objections and proposing sensible limits to address them
FSU Law Focus - 05/08/2024
Get PDFFrom the Dean: Inaugural Election Law Conference, Voting,Voter Registration, and the Federal Laws Governing the Electoral Process ; Ehrhardt Selected for Professionalism Award; Alumni Profile: Dave Boyer (’11); Celebrating 2024 Grad Jordan Manahanhttps://ir.law.fsu.edu/fsu-law-focus/1265/thumbnail.jp
FSU Law Focus - 02/16/2024
Get PDFFrom the Dean: Spring 2024 Distinguished Environmental Lecture - Gregory Alexander, Reversing Means and Ends: The Human Flourishing Theory in Conditions of Climate Change ; Student to Receive 2024 Ellis Medal (Robin Rodriguez); Alum Profile: Christi Gray (\u2793); Student Profile: 3L Dylan Krenhttps://ir.law.fsu.edu/fsu-law-focus/1318/thumbnail.jp
FSU Law Focus - 02/29/2024
Get PDFFrom the Dean: Shawn J. Bayern Publishes New Book (A Research Agenda for Organizational Law); 2024 D\u27Alemberte-Ellis Fellow Selected (Nicholas Lower); Alum Profile: Steffen LoCascio (\u2716); Student Profile: 3L Omar Guzman-Torohttps://ir.law.fsu.edu/fsu-law-focus/1331/thumbnail.jp
FSU Law Focus - 08/23/2024
Get PDFFrom the Dean: 1L Orientation; Volusia County Courthouse Annex Renamed for Judge Steven C. Henderson \u2703; Alumni Profile: Manuel Farach \u2786 In His Own Words on New Florida Bar Rolehttps://ir.law.fsu.edu/fsu-law-focus/1354/thumbnail.jp
FSU Law Focus - 11/08/2024
Get PDFFrom the Dean: FSU Law preLaw rankings; Distinguished Speaker Series: Law, Technology & Innovation; Faculty in the News: Michael Morley; Faculty in the News: Mason Marks; Alumni News: Kelly A. O\u27Keefehttps://ir.law.fsu.edu/fsu-law-focus/1375/thumbnail.jp
FSU Law Focus - 09/06/2024
Get PDFFrom the Dean: Fifteenth Annual Constitutional Law Colloquium; Judge Jacqueline B. Steele (\u2794) Inducted Into Workers\u27 Compensation Institute Hall of Fame; Student Profile: 3L Dr. Dahlia Al-Haleemhttps://ir.law.fsu.edu/fsu-law-focus/1382/thumbnail.jp