A member of Congress delivers a speech during a legislative session where they falsely accuse a private citizen of criminal activity. After the session, the private citizen files a defamation lawsuit against the congressperson. Under what doctrine is the congressperson most likely to seek immunity from liability?
Sovereign immunity, which exempts the government itself from being sued for many acts.
The Speech or Debate Clause, which protects statements made as part of legislative activities.
Judicial immunity, which applies to judges performing functions within their jurisdiction.
Executive immunity, which shields government officials carrying out their legal duties in accordance with the law.
The correct answer is rooted in the Speech or Debate Clause of the U.S. Constitution, which provides legislators immunity for actions and statements made in the scope of their official legislative duties. This safeguards lawmakers from being questioned about their legislative acts, fostering open debate. The other answers are wrong because they either reference immunities applied to other branches of government or pertain to circumstances outside the legislative process.
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What is the Speech or Debate Clause?
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