A member of Congress delivers a speech on the Senate floor, making defamatory statements about a private citizen. The citizen sues the senator in federal court, claiming defamation. The senator files a motion to dismiss based on constitutional immunity. How should the court rule?
The court should allow the case to proceed because the Speech or Debate Clause protects only committee hearings and not floor speeches.
The court should allow the case to proceed because defamatory statements are not protected by any form of immunity.
The court should dismiss the case because the Speech or Debate Clause protects congressional members for statements made as part of the legislative process.
The court should dismiss the case because congressional members are protected by qualified immunity for their official acts.
The Speech or Debate Clause of the U.S. Constitution provides immunity to senators and representatives for actions that are part of the legislative process. Delivering a speech on the Senate floor is considered a legislative act protected by this clause, even if defamatory. Other actions, such as public statements made outside legislative proceedings, would not be covered. The incorrect answers misapply the scope of the Speech or Debate Clause or reference forms of immunity not relevant to legislative acts.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the Speech or Debate Clause?
Open an interactive chat with Bash
What types of statements are protected under the Speech or Debate Clause?
Open an interactive chat with Bash
How does the Speech or Debate Clause interact with defamation claims?