Supreme Court of the United States
United States v. Johnson
February 24, 1966383 U.S. 169
Summary
The Court held that the Speech or Debate Clause bars a criminal prosecution under a general conspiracy statute when the charge depends on the content or motive of a congressional speech, and therefore affirmed the Fourth Circuit’s order remanding the conspiracy count for a new trial purged of such evidence. It left the other counts untouched. Chief Justice Warren, joined by Justices Douglas and Brennan, concurred in part and dissented in part, arguing the Court should also resolve the conflict‑of‑interest counts.
Holding
- Whether the Speech or Debate Clause of Article I, Section 6 prohibits a criminal prosecution under 18 U.S.C. §371 when the prosecution requires inquiry into the content or motive of a congressional speech.. Yes; a prosecution that depends on questioning the content, authorship, or motive of a congressional speech violates the Speech or Debate Clause and must be barred.
Docket 25
Cited authorities
- 8 U.S.C. § 47
- 18 U.S.C. § 371
- 8 U.S.C. §§ 43
- 18 U.S.C. § 281
- 18 U.S.C. § 371
- Sup. Ct. R. 322
- 78 Harv. L. Rev. 1473
- 75 Yale L.J. 335