Hutchinson v. Proxmire

1979

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: