Art. I, Sec. 6. Compensation, Privileges, and Disabilities

Comparable prohibition against holding multiple offices or accepting office created during elected officer’s term, Ga. Const. 1983, Art. III, Sec. II, Para. IV. Comparable privilege from arrest for General Assembly members, Ga. Const. 1983, Art. III, Sec. IV, Para. IX.

For comment on Methodist Fed’n for Social Action v. Eastland, 141 F. Supp. 729 (D.C. Cir. 1956) (three judges sitting), holding that the federal district court could not prevent the publication of a congressional handbook even though it falsely and defamatorily stated that plaintiff organization was a communist front, see 19 Ga. B.J. 366 (1957). For article, “The Supreme Court and Civil Liberties: 1974-1975,” see 24 Emory L.J. 937 (1975). For note discussing parameters of speech and debate clause as a defense in private civil suits and proposing balancing test to limit the privilege, see 10 Ga. L. Rev. 953 (1976). For comment on Eastland v. United States Servicemen’s Fund, 421 U.S. 491, 955 S. Ct. 1813, 44 L. Ed. 324 (1975), refusing to allow a first amendment exception to the privilege of legislative immunity, see 27 Mercer L. Rev. 1195 (1976). For article, “Congress and the Fourth Amendment,” see 21 Ga. L. Rev. 107 (1986). For essay, “Standing and Rights,” see 36 Emory L.J. 1195 (1987). For article, “The Illegitimacy of the Public Interest Standard at the FCC,” see 38 Emory L.J. 714 (1989). For article, “Spallone v. United States: When Constitutional Principles Collide,” see 7 Ga. St. U.L. Rev. 527 (1991). For article, “Using Empirical Data to Investigate the Original Meaning of ‘Emolument’ in the Constitution,” see 36 Ga. St. U.L. Rev. 465 (2020).

provision.

Georgia Const. 1976, Art. III, Sec. V, Para. XII (see now Ga. Const. 1983, Art. III, Sec. IV, Para. IX) is similar to U.S. Const., art. I, sec. VI, cl. 1. Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S.E.2d 585, 1963 Ga. LEXIS 449 (1963). Violation of speech or debate

clause.

The speech or debate clause prohibited inquiry into a member of Con-gress’s committee assignments even if the member’s specific legislative acts were not mentioned since the privilege protects legislative status as well as legislative acts and the government’s inquiry into defendant’s committee memberships actually amounted to an inquiry into legislative acts where the government was allowed to argue a permissive inference that the defendant knew the details of the moneylaundering statutes because of the defendant’s status as a member of the Banking and Judiciary Committees. United States v. Swindall, 971 F.2d 1531, 1992 U.S. App. LEXIS 20505 (11th Cir. 1992), cert. denied, 510 U.S. 1040, 114 S. Ct. 683, 126 L. Ed. 2d 650, 1994 U.S. LEXIS 68 (1994). Because the indictment charged that the defendant, a former member of the United States House of Representatives, had discussed money laundering transactions with an undercover agent and an intermediary, and then falsely testified to a grand jury to conceal the extent of the defendant’s involvement in these discussions, questioning the defendant before the grand jury about the committee memberships violated the speech or debate clause of the United States Constitution; it was error to allow reference to be made to the defendant’s committee memberships both in the grand jury proceeding and at trial; and the remedy for the violations of the privilege was dismissal of the affected counts. United States v. Swindall, 971 F.2d 1531, 1992 U.S. App. LEXIS 20505 (11th Cir. 1992), cert. denied, 510 U.S. 1040, 114 S. Ct. 683, 126 L. Ed. 2d 650, 1994 U.S. LEXIS 68 (1994).

Am. Jur. 2d.

5 Am. Jur. 2d, Arrest, § 108. 16A Am. Jur. 2d, Constitutional Law, § 254. 16B Am. Jur. 2d, Constitutional Law, § 474. 22B Am. Jur. 2d, Depositions and Discovery, § 58. 45A Am. Jur. 2d, Job Discrimination, § 75. 50 Am. Jur. 2d, Libel and Slander, § 277. 62A Am. Jur. 2d, Privacy, § 185. 62B Am. Jur. 2d, Process, § 15. 63C Am. Jur. 2d, Public Officers and Employees, §§ 16, 67, 291. 77 Am. Jur. 2d, United States, §§ 5, 6.

C.J.S.

38A C.J.S., Grand Juries, § 157. 81A C.J.S., States, § 101. 91 C.J.S., United States, §§ 22, 25, 26.

ALR.

Constitutional provision against increase in compensation of public officer during term of office as applicable to statute providing for first time for compensation for office, 144 A.L.R. 685. Incompatibility of offices or positions in the military and in the civil services, 147 A.L.R. 1419; 148 A.L.R. 1399; 150 A.L.R. 1444.