Senator Hotair, Mary's uncle, has become disgusted with Joe. At a press conference the Senator attacks Joe, calling him names, saying he is a disgusting person and must be crazy. This is printed widely. Joe wants to sue the Senator for defamation. He can sue:
A) and possibly win
B) but will lose because the Senator is a public figure
C) but will lose because Joe is a private figure, so public comments about him are irrelevant
D) but will lose because members of Congress have immunity from suits for their statements
E) but will lose because of the free speech and debate clause of the Constitution

Question

Quizplus · Accepted Answer

Although the Senator is a public figure, Joe can still sue for defamation if the statement is false and causes harm to Joe's reputation. Joe being a private figure is irrelevant in this case. The immunity of members of Congress does not apply if the statement is made outside of the legislative process. The free speech and debate clause does not protect individuals from making defamatory statements.

Senator Hotair, Mary's Uncle, Has Become Disgusted with Joe