Church of Scientology of California v Johnson-Smith

Facts

The Church sued a Member for libel for words said on television. To prove malice it wanted to rely on what he had said in Parliament.

Issue

Could the court examine his words in Parliament?

Held

No. What is said in Parliament cannot be examined to support a cause of action, even one arising outside it.

Principle

A Member must have a complete right of free speech in the House without fear that his motives or reasoning will be questioned later.

Why it matters

A leading authority on the scope of freedom of speech in Parliament.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.