Legal Opinion · Dissent

Methodist Federation for Social Action v. Eastland

District Court, District of Columbia

Decided May 25, 1956No. Civ. A. 1845-56Published

1DissentWilkin, District Judge

I cannot concur in the majority opinion or the order dismissing the complaint because I do not believe that it is the law “that nothing authorizes anyone to prevent Congress from publishing any statement” — “whether the statement is correct or not, whether it is defamatory or not, and whether it is or is not made after a fair hearing.” The effect of the majority decision is to extend legislative privilege “for any Speech or Debate in either House” to complete immunity for anything published in accordance with a Concurrent Resolution of Congress. Such an interpretation of the law is contrary…

2Cases cited11 opinions

  1. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  2. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  3. Tenney v. BrandhoveSupreme Court of the United States · 1951
  4. United States v. LeeSupreme Court of the United States · 1882
  5. Kilbourn v. ThompsonSupreme Court of the United States · 1881

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