Abstract
As the science and technology of the brain and mind develop, so do the
ways in which brains and minds may be surveilled and manipulated. Some cognitive
libertarians worry that these developments undermine cognitive liberty, or “freedom of
thought.” I argue that protecting an individual’s cognitive liberty undermines others’
ability to use their own cognitive liberty. Given that the threatening devices and
processes are not relevantly different from ordinary and frequent intrusions upon one’s
brain and mind, strong protections of cognitive liberty may proscribe neurotechnological
intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties”
others’ use of their own liberties. This problem for the cognitive libertarian is the same
problem that ordinary libertarianism faces in protecting individual rights to property and
person. But the libertarian strategies for resolving the problem don’t work for the
cognitive libertarian. I conclude that the right to mental privacy is weaker than what
cognitive libertarians want it to be.