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1966 United States Supreme Court case
United States v. Johnson United States Supreme Court case.[1]
Background Former
mail fraud
charges.
The Court of Appeals for the Fourth Circuit set aside the conviction on the conspiracy count, holding that the government's allegations with respect to the defendant's having conspired to make this speech were barred by Article I Section 6 of the United States Constitution, which provides that Senators and Representatives shall not be questioned in any other place for any speech or debate in either House; and the Court of Appeals, finding that the evidence adduced under the unconstitutional aspects of the conspiracy count had infected the entire prosecution, ordered a new trial on the other counts.
Opinion of the Court On certiorari, the United States Supreme Court affirmed. In an opinion by Harlan, J., it was held that
(1) the prosecution on the conspiracy count, being dependent upon an intensive inquiry with respect to the speech on the floor of the House, violated the speech or debate clause of Article I section 6, so as to warrant the granting of a new trial on the conspiracy count, with all elements offensive to the speech or debate clause to be eliminated, and
(2) there was no occasion to review the Court of Appeals' assessment of the record with respect to its holding that the defendant was entitled to a new trial on the other counts. Dissent Warren, Ch. J., joined by Douglas and Brennan, JJ., concurred in holding (1), supra, but dissented from holding (2), supra.
References External links
Dormant Commerce Clause
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