Amherst professor Austin Sarat and attorney Steve Kramer critique the long-standing legal doctrine of “litigation privilege,” which protects lawyers from civil liability for statements made during legal proceedings, even if those statements are false or malicious. Professor Sarat and Mr. Kramer argue that in light of recent ethical breaches by attorneys involved in efforts to overturn the 2020 election, it is time to eliminate this privilege to uphold integrity and truthfulness within the legal profession.

Amherst professor Austin Sarat and attorney Steve Kramer reflect on the national implications of the public reaction to activist Charlie Kirk’s assassination, examining how his death underscores deep social and political divisions, especially in the age of social media. The authors argue that widespread online polarization and knee-jerk reactions are threatening democratic norms, and they urge Americans to pause, reflect, and reclaim empathy and civic responsibility to prevent further societal decline.