The Constitution, Enhanced Perception, and Freedom of Speech and Thought
摘要
In the early twenty-first century, American courts now agree that photography and video recording are protected by the First Amendment’s protection for free speech. Image capture and recording, they conclude, constitute “speech creation.” They enable individuals to share their experiences with others on social media. But courts and legal thinkers miss an important dimension of the rights-based protection we need for new technologies of seeing if they value such technologies only as means of communication. From lifelogging to telepresence to exploring virtual landscapes of fictional as well as real environments, technologies that augment our perception not only give us new ways of communicating—they give us new ways of reshaping our own minds and enlarging our experience—and to do so even when we don’t serve as an audience for others’ speech. As such, they are as much a component of freedom of thought as freedom of speech.