Venue: |
SCOTUS
|
|
Facts: |
Proxmire dedicates a golden fleece of the month award to Proxmire,
who did research on why monkeys clench their jaws. I guess it
seemed too inconsequential an issue to merit government investment or
something. |
|
Posture: |
Initial suit in WI District Court. Ct App. holds for defendant. |
|
Issue: |
Does the Speech or Debate Clause (Art I § 6) protect members of
congress from suits for defamation based on statements in press
releases or newsletters? Is Proxmire a "public figure" based on
his acceptance of grants and publications, so that the standard
for the suit would be raised to "actual malice?" |
|
Holding: |
No, and no. (the second "no" is not significant for us) |
|
Rule: |
The transmittal of information by members of congress to the
public and other members is not part of the legislative
function. |
|
Reasoning: |
Plain meaning of the clause covers only speech or debate in
one of the houses. That's too restrictive in this day and
age. But it also goes too far to hold that all conduct
that might influence other senators should be protected. |
|
Dicta: |
|
|