Harmeet Dhillon gives Ro Khanah some friendly advice

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Luckily for Massie, he’ll have plenty of time to testify in those lawsuits starting next January.

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In most cases, a U.S. congressman (or Senator) cannot be sued for something they say on the floor of Congress — because of strong constitutional protections. But the answer is a bit nuanced:

????? 1. Speech in Congress Is Protected by the Constitution

The U.S. Constitution’s Speech or Debate Clause (Article I, Section 6, Clause 1) says that Senators and Representatives “for any Speech or Debate in either House, they shall not be questioned in any other Place.” This is interpreted as absolute legislative immunity for things said as part of official legislative business — including speeches on the floor of the House or Senate. ?

That means:
• A member cannot be sued for defamation or other torts based purely on statements made in a formal floor speech or debate. ?
• Courts have consistently held that this protection is broad — it’s designed so legislators can debate freely without fear of lawsuits. ?

For example, recent real-world litigation involving Representative Nancy Mace illustrates how courts apply this protection. A defamation lawsuit over statements she made during a House floor speech was dismissed because the Speech or Debate Clause gave her immunity for those legislative actions. ?

?? 2. The Protection Doesn’t Cover Everything

However, this immunity only applies to official legislative acts, such as:
• Speeches in floor debates
• Committee hearings
• Votes
• Other core legislative activities

It does not apply to statements made outside those contexts — for example:
• Press releases
• Social media posts
• Campaign speeches
• Interviews
If a lawmaker makes defamatory statements or other actionable remarks outside the legislative process, they can potentially be sued just like any other individual. ?

?? 3. Important Limits & Case Law

The Supreme Court’s decision in Hutchinson v. Proxmire is a key example: the Court held that a Senator was not protected by the Speech or Debate Clause for defamatory statements made in press releases and newsletters, even if similar remarks were originally spoken in a legislative setting. ?

So the simple distinction is:

? Protected: Statements made as part of official legislative business (floor, committee work, legislative reports)
? Not protected: Statements made in external communications or outside official legislative duties

?? Bottom Line
• Generally, no: you cannot successfully sue a U.S. congressman for something said on the floor of Congress — those statements are shielded by the Speech or Debate Clause. ?
• But yes: they can be sued for statements made outside that protected legislative context.

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Virtually anything said on the floor is protected.

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In most cases, a U.S. congressman (or Senator) cannot be sued for something they say on the floor of Congress — because of strong constitutional protections. But the answer is a bit nuanced:

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quote:

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A member cannot be sued for defamation or other torts based purely on statements made in a formal floor speech or debate. ?
• Courts have consistently held that this protection is broad — it’s designed so legislators can debate freely without fear of lawsuits.

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