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Doe v. McMillan - Significance, The Lower Court Rulings, The Supreme Court Ruling, Legislative Acts Immune From Suit

william washington petitioner decision

Petitioner

John Doe

Respondent

John L. McMillan

Petitioner's Claim

That U.S. Representatives, their staffs, and Government Printing Office officials should all be held liable for the distribution of a report defaming Washington, D.C. school children.

Chief Lawyers for Petitioner

Fred M. Vinson, William C. Cramer, David P. Sutton

Chief Lawyer for Respondent

Michael Valder

Justices for the Court

William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Lewis F. Powell, Jr., Potter Stewart, Byron R. White (writing for the Court)

Justices Dissenting

Harry A. Blackmun, Warren E. Burger, William H. Rehnquist

Place

Washington, D.C.

Date of Decision

29 May 1973

Decision

The House members and their staff retain absolute immunity for their actions, but Government Printing Office officials do not.

Related Cases

  • Tenney v. Brandhove, 341 U.S. 367 (1951).
  • Barr v. Matteo, 360 U.S. 564 (1959).
  • Gravel v. United States, 408 U.S. 606 (1972).

Sources

West's Encyclopedia of American Law St. Paul, MN: West Group, 1998.

Further Readings

  • Biskupic, Joan, and Elder Witt, eds. Congressional Quarterly's Guide to the U.S. Supreme Court, 3rd ed. Washington, DC: Congressional Quarterly, Inc., 1996.
  • A Reference Guide to the U.S. Supreme Court. New York, NY: Sachem Publishing Associates, Inc., 1986.

Additional Topics

Doe v. McMillan - Significance

Doe v. McMillan - The Lower Court Rulings

Doe v. McMillan - The Supreme Court Ruling

Doe v. McMillan - Legislative Acts Immune From Suit

The Speech or Debate Clause of the U.S. Constitution grants members of Congress absolute immunity from civil suits arising from legislative activity. In this case, the Supreme Court held that none of the activity conducted by the congressmen or their staffs--from preparing the report to referring it to the House Speaker to voting for its publication--went beyond the bounds of legislative activity.…

Doe v. McMillan - Dissemination Of Report Not Immune

Next, the Court addressed the other defendants named in the suit: the Superintendent of Documents and the Public Printer. It held that these officials were not immune from suit, because their actions in disseminating the report were not protected under the Speech or Debate Clause: [W]e cannot accept the proposition that in order to perform its legislative function Congress not only must at times c…

Doe v. McMillan - Absolute Immunity

Although McMillan did not hinge on it, issues involving absolute immunity often relate to the Civil Rights Act of 1871. The Civil Rights Act, adopted during the violent days of Reconstruction, stated in part that "Every person who, under color of any statute . . . of any State or Territory . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any r…

Dothard v. Rawlinson - Case Background, The District Court Rules, A Split Decision, Dissenting Opinions, Further Readings [next] [back] Doe v. Bolton - Significance, Health Includes Physical, Emotional, And Psychological Well-being, The Issue Should Be Left To The People

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