legislative immunity
Legislative immunity is a legal doctrine that shields legislators from liability for actions taken within the scope of legitimate legislative activity. Its purpose is to preserve the independence of the legislative function by protecting lawmakers from interference through lawsuits or prosecution based on their official acts.
At the federal level, legislative immunity is grounded in the Speech or Debate Clause of Article I, Section 6 of the U.S. Constitution, which protects members of Congress from being questioned elsewhere about their legislative acts. Courts have extended similar protections to state and local legislators. See: Bogan v. Scott-Harris, 523 U.S. 44 (1998). Most states also provide explicit protection, with the majority including speech or debate clauses in their constitutions.
The protection covers activities that are integral to the legislative process, such as debating, voting, preparing reports, and introducing or drafting legislation. It may also extend to non-legislators performing functions directly related to the legislative process, for example, a mayor presenting a budget to a city council.
Legislative immunity does not apply to actions outside the legislative sphere. Public statements made at press conferences, political campaigning, or conduct lacking lawful authority, such as using unconstitutional procedures to pass a bill or seizing documents without proper authorization, fall outside the scope of immunity.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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