Legislative Speech & Decorum

Authors

Sean J. Kealy, Boston University School of Law

First Page

741

Document Type

Article

Abstract

Decorum requires legislators to self-limit their free speech rights as citizens; things that may be said and done in the public square would violate legislative decorum rules. In 2023, two legislatures made headlines by using decorum rules to silence young legislators with minority views. In Tennessee, the House expelled two representatives after they walked into the House well and led protestors in the galleries in several chants demanding the House take up gun control legislation. In Montana, the House excluded a representative from the House Floor after she spoke against a bill to forbid minors access to gender affirming care.

This Article examines the various benefits of free speech as it has evolved from the Founders’ understanding into the 21st century. From those purposes, and considering that only legislators themselves can protect free speech rights of other members, the Article identifies seven principles to guide how legislatures may balance decorum and speech: all members are equal, the business of the state must be done, speech has several legitimate legislative functions, speech rules should ensure more speech and the opportunity to be heard, the legislature should spend time and energy educating new members, uncomfortable speech has its place in debate, and the quality of debate should bring honor to the legislature. Based on these principles, the Article proposes several new rules for inclusion in Mason’s Manual of Legislative Procedure, which is used by many legislatures, to hopefully prevent legislatures from misusing decorum rules to silence minority voices in the future.

Recommended Citation

Sean J. Kealy, Legislative Speech & Decorum, 73 Buff. L. Rev. 741 (2025).
Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol73/iss4/1