Students' Right To Free Inquiry vs. A.I. Usage Policy At Schools And Universities

Martin Kwan (OBOR Legal Research Centre), Students' Right to Free Inquiry vs. A.I. Usage Policy at Schools and Universities, 6 Notre Dame J. on Emerging Tech. __ (2023):

Some schools and universities have restricted the use of artificial intelligence, particularly generative AI, by students and staff to various extents.

This work emphasizes and reminds that students' right to free inquiry has to be taken into account when schools are implementing AI usage policies. The predominant justifications used for limiting students' use — namely to prevent plagiarism and reduced learning — are inadequate and have apparently not been duly balanced against free inquiry.

Focusing on the US context, it explore the legality and cogency of the AI usage policies in education, specifically from the angle of academic freedom. It draws from a number of interesting insights from various US courts and judges generally on the freedom of inquiry.

From another perspective, the restrictions constitute of a form of regulation of AI, and this work demonstrates how human rights-based considerations can and should play a role in the policy process and balancing exercise.