Fear and Witness Intimidation

By Dahlia Lithwick

One of the hottest new trends in litigation is fear. Witnesses in an important gay-rights case claimed they were too afraid to testify because they would be subject to reprisals for their unpopular views. Plaintiffs in another case claimed they're afraid for their very lives if their names are disclosed publicly. Contributors to political campaigns want to shield their names out of fear of death threats.

It's one thing to hear this kind of talk from eyewitnesses in gang shootings. But claims that you are too scared to publicly state your beliefs have become common among opponents of gay rights, especially. Which raises the question: What happens to our civic life when we're all too scared to participate?

The full article is here.