tenney brandhove argued march decided may respondent sued petitioners federal district damages alleging connection investigation committee california legislature deprived rights guaranteed federal constitution petitioners committee members thereof members legislature held allegations complaint appears petitioners acting field legislators traditionally power act create civil liability conduct pp privilege legislators free arrest civil process say legislative proceedings carefully preserved formation state national governments pp congress intend limit privilege subjecting legislators civil liability acts done within sphere legislative activity privilege destroyed claim motives legislators improper order find legislative committee investigation exceeded bounds legislative power must obvious usurpation functions exclusively vested judiciary executive legislative privilege deserves greater respect case defendants members legislature official acting behalf legislature sued legislature seeks affirmative aid courts assert privilege action brought respondent petitioners district dismissed complaint appeals reversed granted certiorari reversed harold faulkner argued cause petitioners brief edmund brown attorney general california bert levit chief deputy attorney general ralph kleps morrison martin jarvis richard graw argued cause respondent brief george olshausen briefs support petitioners filed amici curiae follows joint brief florida richard ervin attorney general georgia eugene cook attorney general idaho robert smylie attorney general iowa robert larson attorney general kansas harold fatzer attorney general kentucky funk attorney general maine alexander lafleur attorney general maryland hall hammond attorney general michigan frank millard attorney general edmund shepherd solicitor general daniel assistant attorney general nevada mathews attorney general new york nathaniel goldstein attorney general north carolina harry mcmullan attorney general north dakota elmo christianson attorney general ohio william attorney general oregon george neuner attorney general rhode island william powers attorney general south carolina callison attorney general tennessee roy beeler attorney general texas price daniel attorney general jacobson assistant attorney general virginia lindsay almond attorney general washington smith troy attorney general wisconsin vernon thomson attorney general wyoming harry harnsberger attorney general brief state wisconsin vernon thomson attorney general harold persons roy tulane assistant attorneys general justice frankfurter delivered opinion william brandhove brought action district northern district california alleging deprived rights guaranteed federal constitution defendants jack tenney members committee california legislature senate committee activities colloquially known tenney committee also named defendants committee elmer robinson mayor san francisco action based title code sections derive one statutes passed aimed enforcing fourteenth amendment act april stat section provides every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress reduced legal essentials complaint shows facts tenney committee constituted resolution california senate june january brandhove circulated petition among members state legislature alleges circulated order persuade legislature appropriate funds committee petition charged committee used brandhove tool order smear congressman franck havenner red candidate mayor san francisco republican machine san francisco campaign management elmer robinson franck havenner opponent conspired tenney committee end view conflict petition evidence previously given brandhove committee asked local prosecuting officials institute criminal proceedings committee also summoned brandhove appear hearing held january testimony taken mayor san francisco allegedly member conspiracy plaintiff appeared counsel refused give testimony prosecuted contempt state courts upon jury failure return verdict prosecution dropped brandhove refused testify chairman quoted testimony given brandhove prior hearings chairman also read record statement concerning alleged criminal record brandhove newspaper article denying truth charges denial committee counsel absent brandhove charges true brandhove alleges january hearing held legislative purpose designed intimidate silence plaintiff deter prevent effectively exercising constitutional rights free speech petition legislature redress grievances also deprive equal protection laws due process law enjoyment equal privileges immunities citizen law intimidate silence deter prevent deprive plaintiff damages asked legal counsel traveling hotel accommodations matters pertaining necessary defense contempt proceeding arising committee hearings plaintiff also asked punitive damages action dismissed without opinion district judge appeals ninth circuit held however complaint stated cause action committee members brought case important issues raised concerning rights individuals power state legislatures faced reconstruction legislation caused concern screws williams cases decided term ante pp time wrestle questions constitutionality even construction think clear legislation action founded impose liability facts us related presuppositions political history privilege legislators free arrest civil process say legislative proceedings taproots parliamentary struggles sixteenth seventeenth centuries parliament achieved increasing independence crown statement privilege grew stronger sir thomas make tentative claim roper life sir thomas utopia adams ed long bitter struggle parliament finally laid ghost charles prosecuted sir john elliot others seditious speeches parliament proceedings sir john elliot st bill rights declared unequivocal language freedom speech debates proceedings parliament impeached questioned place parliament wm mary sess ii see stockdale hansard ad el freedom speech action legislature taken matter course severed colonies crown founded nation deemed essential representatives people written articles confederation later constitution article articles confederation quite close english bill rights freedom speech debate congress shall impeached questioned place congress article constitution provides speech debate either house senators representatives shall questioned place reason privilege clear well summarized james wilson influential member committee detail responsible provision federal constitution order enable encourage representative public discharge public trust firmness success indispensably necessary enjoy fullest liberty speech protected resentment every one however powerful exercise liberty may occasion offence ii works james wilson andrews ed see statement reason privilege report select committee official secrets acts house commons xiv provision constitution reflection political principles already firmly established three state constitutions adopted federal constitution specifically protected privilege maryland declaration rights provided freedom speech debates proceedings legislature impeached judicature art viii massachusetts constitution provided freedom deliberation speech debate either house legislature essential rights people foundation accusation prosecution action complaint place whatsoever part first art xxi chief justice parsons gave following gloss provision coffin coffin mass privileges thus secured intention protecting members prosecutions benefit support rights people enabling representatives execute functions office without fear prosecutions civil criminal therefore think article construed strictly liberally full design may answered confine delivering opinion uttering speech haranguing debate extend giving vote making written report every act resulting nature execution office define article securing every member exemption prosecution every thing said done representative exercise functions office without inquiring whether exercise regular according rules house irregular rules significant legislative freedom carefully protected constitutional framers time even jefferson expressed fear legislative excess loyalist executive judiciary deposed legislature revolution legislative department every extending sphere activity drawing power impetuous vortex madison federalist xlviii joined union revised constitutions took great care preserve principle legislature must free speak act without fear criminal civil liability specific provisions constitutions protecting privilege congress general language statute mean overturn tradition legislative freedom achieved england civil war carefully preserved formation state national governments mean subject legislators civil liability acts done within sphere legislative activity let us assume merely moment congress constitutional power limit freedom state legislators acting within traditional sphere big assumption make even rasher assumption find congress thought exercised power difficulties hurdle limits statute title spelled debate believe congress staunch advocate legislative freedom impinge tradition well grounded history reason covert inclusion general language us come question whether pleadings appears defendants acting sphere legitimate legislative activity legislatures may course acquire power unwarranted extension privilege house commons claim power establish limits privilege little pretense since ashby white ld raym id hesitated sustain rights private individuals found congress acting outside legislative role kilbourn thompson marshall gordon compare mcgrain daugherty claim unworthy purpose destroy privilege legislators immune deterrents uninhibited discharge legislative duty private indulgence public good one must expect uncommon courage even legislators privilege little value subjected cost inconvenience distractions trial upon conclusion pleader hazard judgment based upon jury speculation motives holding fletcher peck cranch consonant scheme government inquire motives legislators remained unquestioned see cases cited arizona california investigations whether standing special committees established part representative government legislative committees charged losing sight duty disinterestedness times political passion dishonest vindictive motives readily attributed legislative conduct readily believed courts place controversies voters must ultimate reliance discouraging correcting abuses courts go beyond narrow confines determining committee inquiry may fairly deemed within province find committee investigation exceeded bounds legislative power must obvious usurpation functions exclusively vested judiciary executive present case present situation brandhove indicated evidence previously given committee false raised serious charges concerning work committee investigating problem within legislative concern committee entitled assert right call plaintiff examine noted case defendants members legislature legislative privilege case deserves greater respect official acting behalf legislature sued legislature seeks affirmative aid courts assert privilege kilbourn thompson supra allowed judgment found one entered defendant members house considered scope privilege applied facts present case justice miller said kilbourn case necessary decide may things done one house extraordinary character members take part act may held legally responsible conclude individual defendants legislative committee acting field legislators traditionally power act statute create civil liability conduct judgment appeals reversed district affirmed reversed footnotes two persons state territory conspire go disguise highway premises another purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws two persons conspire prevent force intimidation threat citizen lawfully entitled vote giving support advocacy legal manner toward favor election lawfully qualified person elector president member congress injure citizen person property account support advocacy case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators appeals affirmed dismissal robinson ground acting color law complaint show member conspiracy denied petition review decision two state constitutions privilege protected general provisions preserving english law see art vii art xxii compare xlv three original made specific provision protect legislative freedom immediately federal constitution adopted see pa art ga art del art ii connecticut rhode island provided first constitutions enacted replace uncodified organic law conn art third art iv new york bill rights passed legislature january provided freedom speech debates proceedings senate assembly shall impeached questioned place senate assembly virginia well colonies assemblies built strong tradition legislative privilege long revolution see clarke parliamentary privilege american colonies passim especially et seq see jefferson notes state virginia ed notes written see also letter jefferson madison march published forthcoming volume papers thomas jefferson boyd ed tyranny legislatures formidable dread present long years political currents time constitution state constitutions formulated see corwin progress constitutional theory declaration independence meeting philadelphia convention hist rev ala art iv ariz art iv ark art colo art conn art third del art ii ga art iii vii par iii idaho art iii iii art iv ind art kan art ky la art iii art iv pt third md art iii mass pt first art mich art minn art iv mo art iii mont art neb art iii pt first art art iv iv par art iv art iii art ii ohio art ii okla art ore art iv pa art ii art iv art iii tenn art ii tex art iii utah art vi vt art va art iv wash art ii va art vi wis art iv wyo art compare iowa art iii art ii right legislator protest action legislature see also cal art iv iowa art iii miss art nev art iv art iii freedom arrest florida constitution provision concerning legislative privilege see wilson congressional government proper duty representative body look diligently every affair government talk much sees meant eyes voice embody wisdom constituents unless congress use every means acquainting acts disposition administrative agents government country must helpless learn served unless congress scrutinize things sift every form discussion country must remain embarrassing crippling ignorance affairs important understand direct informing function congress preferred even legislative function see dilliard congressional investigations role press chi rev justice black concurring holds civil rights statutes intended make legislators personally liable damages witness injured committee exercising legislative power result reached reference wise tradition legislators immune legal responsibility statements activities opinion also points kilbourn thompson held legislative immunity limits today decision indicates point legislator conduct far exceeds bounds legislative power may held personally liable suit brought civil rights act substantially agree reasoning conclusion since difficult case think important emphasize decide held validity legislative action coextensive personal immunity legislators say holding chairman members committee sued case holding alleged persecution brandhove legal conduct indeed understand decision still much room challenge committee action thus example proceeding instituted tenney committee fine imprison brandhove perjury contempt charges certainly able defend ground resolution creating committee committee actions unconstitutional void connection place observe resolution creating committee broadly drawn grave doubts raised whether committee constitutionally exercise powers purportedly bestowed part resolution directs committee ascertain facts relating activities persons groups known suspected dominated controlled foreign power owe allegiance thereto religious racial political ideological philosophical ties including limited influence upon persons groups education economic circumstances social positions fraternal casual associations living standards race religion political ancestry activities paid provocation cal senate resolution june unfortunately true legislative assemblies born defend liberty people times violated sacred trusts become instruments oppression many specific instances cited perhaps recent spectacular illustration use committee argentine congress instrument strangle independent newspaper la prensa views espoused light argentine experience seem inappropriate point right every person country say however unorthodox unpopular opinions may guaranteed constitutional amendment protects free press cherish freedom press well remember freedom long survive legislative snuffing freedom believe freedom speak see judge edgerton dissenting barsky app judge charles clark dissenting josephson times mar times mar situation graphically described editorial appearing la nacion buenos aires march one imagined moment congress properly invested implicit powers investigation decree interventions nature intended carry acts circumstance come within province legislature present case alteration functions unusual importance affects inviolable constitutional principle congress dictate laws restrictive freedom press art argentine constitution possible step within specific function take possession newspapers hinder activity decide fate acts whereby exercise freedom rendered impracticable state things permitted becomes generalized means repetition acts whenever deemed suitable view conflicting opinions cause constitutional guarantee utterly disregarded last year activities investigating congressional commission committee activities appointed another concrete purpose served bring closure newspapers one day see generally editor publisher mar justice douglas dissenting agree opinion statement general principles governing liability legislative committees members legislatures agree abuses legislative committees solely legislative body police dealing right protected constitution right free speech charge seems strained difficult sustain legislative committee brought weight authority respondent exercising right free speech reprisal speaking much abridgment prior restraint committee departs far domain deprive citizen right protected constitution think reason immune yet extent liability sought imposed petitioners speech debate legislative department constitutional scheme makes privileged included course actions legislative committees authorized conduct hearings make investigations lay foundation legislative action apparently holding today actions committees limits eyes law may depart impunity legislative functions sit kangaroo courts try men loyalty political beliefs may substitute trial committees trial juries may sit board censors industry prepare blacklists citizens issue pronouncements devastating bill attainder public official complete immunity actions even policeman exacts confession force violence held criminally liable civil rights act ruled day williams yet hold matter extremes legislative committee may go answerable injured party civil rights legislation result necessary consequence ruling since test statute far material whether constitutional right impaired whether domain committee traditional one thing give great leeway legislative right speech debate investigation committee perverts power brings individual whole weight government illegal corrupt purpose reason immunity ends indeed purpose civil rights legislation secure federal rights invasion officers agents see reason officer government higher constitution rights privileges office obtain every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress