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August 1, 2020
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August 1, 2020

Members of Congress have an absolute privilege against defamation for anything said on the floor of the House or Senate. This is found in the Speech…

Members of Congress have an absolute privilege against defamation for anything said on the floor of the House or Senate. This is found in the Speech & Debate clause of the Constitution. Basically, a member of Congress can lie during debate in either house. If I was a member of the House of Congress, and I was speaking on the floor, I could blatantly lie and not be subject to being sued. For instance, if I was introducing a bill strengthening the federal governments health laws, I could talk about a restaurant here in Sarasota that is filthy. I can talk about how it’s roach-infested and filled with rats. In reality, the restaurant is immaculate and has never had a cleanliness problem. However, a reporter from the Sarasota herald-Tribune writes a story about what I said, and the restaurant is seriously hurt by the bad, and false, story. I am absolutely protected from being sued by the restaurant’s owner because of the Speech and Debate clause. Please comment on your feelings about this protection.

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