There were no less than two front page mass shootings this month. Communities typically look to their legislators to address gun violence, but the courts may also have a role to play, even if they don’t know it yet. This article discusses the evolving doctrine of judicial privilege and the subtle role the privilege may play in making communities safer.

Traditionally, the judicial privilege precluded defamation claims based on statements made in the course of judicial proceedings. The purpose of the privilege was to “afford freedom of access to the courts, to witnesses to encourage their complete and unintimidated testimony in court and to counsel to enable him to best represent his client’s interests,” see Binder v. Triangle Publications, 275 A.2d 53, 56 (Pa. 1971).