Journal of Free Speech Law: “Protecting the Thinking Process in Human-AI Interaction: The Forum Interstitiale Between Thought and Expression,” by Caroline De Cock

Caroline De Cock argues that existing human rights law does not adequately protect people’s thinking when they use AI chatbots. Traditional law distinguishes absolutely protected private thought from expression that can be restricted, but chatbot conversations can record the exploratory steps between the two.

The article cites a 2026 court order requiring 20 million ChatGPT conversations for discovery, alongside conflicting rulings on whether chatbot exchanges are protected. De Cock proposes a third legal category, the “forum interstitiale”, to protect acts such as exploratory prompts, unfinished drafts and private reflections. Its protection would be stronger than ordinary expression rights but would not displace the absolute protection for private thought.