Federal legislators are protected by the Speech or Debate Clause, and state and local legislators receive analogous common law immunity. Protection covers voting, debate, and legislative fact-finding.
Administrative and political acts fall outside.
Alternative Names:
Speech or Debate Immunity|Legislator Immunity
Why it Matters?
Local officials performing legislative functions receive the immunity regardless of their title, and Bogan confirmed that a mayor signing an ordinance and a council voting on it are protected even where motivated by improper purposes, which reaches employment terminations accomplished through budget ordinances. Distinguishing legislative from administrative action determines the outcome, and the analysis examines the act's substance rather than its form.
Frequently Confused with
Related terms
Frequently asked questions
Does the immunity reach local officials?
How is the line drawn?
