United States v. Johnson

Summary

The Court, in an opinion by Justice Harlan, held that the Speech or Debate Clause bars a prosecution under a general criminal statute that depends on inquiry into a Congressman’s legislative speech and his motives for delivering it. The Government could retry the conspiracy charge after eliminating the speech-related allegations and inquiries. The Court affirmed the Court of Appeals and remanded, declining to review its order granting a new trial on the substantive conflict-of-interest counts because the Government had not pressed that issue. Chief Justice Warren, joined by Justices Douglas and Brennan, agreed with the constitutional holding and retrial of the conspiracy count but would have reviewed and upheld the substantive convictions because the speech evidence did not prejudice those counts. Justices Black and White did not participate.