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Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Judicial Power & Separation of Powers
Gravel v. United States
Decided: 1972
The Speech or Debate Clause protects legislative acts and legislative aides, but not private republication of classified material.
After Senator Mike Gravel read portions of the Pentagon Papers into a subcommittee record and arranged their private publication, a grand jury sought to question his aide. Justice White's opinion held that the Speech or Debate Clause of Article I, § 6 shields members and their aides from being 'questioned in any other place' about legislative acts — but it does not extend to Gravel's arrangement with a private publisher, which was not part of the legislative function. Gravel is the leading modern authority on the reach of legislative immunity and on what counts as a protected 'legislative act.'