Why is the Constitution's Speech and Debate Clause important?

Answer 1

The Constitution's Speech and Debate clause is important because it protects members of Congress from being questioned in a court of law about any particular aspect of a speech that is made. No evidence presented before a court of law may be a speech made before either the Senate or the House of Representatives under this provision. Such evidence must be tossed out as in violation of the Constitution.

It is important to note, however, that the Supreme Court has eliminated from protection by this clause any statement made by the Representative or Senator in a press release or in a speech made outside of the meeting chambers of Congress. The Court has ruled that these actions do not fall under the "deliberative" aspect of Congress, which is why the provision came into play. Rather, they fall under the "informing" aspect, whereby the public is informed of actions of Congress, thus exempting them from the Speech and Debate Clause.

Answer 2

The speech and debate clause (Article I, Section 6, clause 1) says:

"The Senators and Representatives ... shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

That means that they cannot be arrested or sued for anything they say in Congress, and they cannot be arrested during a session of Congress, or on their way to or from a session of Congress, except for the most serious crimes.