I have conflicted information as to whether federal govt. officials are/are not immune from defamation cases. Numerous books I have read stated they are not immune, but all the questions I've done have the officials using the Speech and Debate Clause to get out of it.

You're talking about a privilege that the legislature has on the floor of
the house and senate; noting said is defamatory.

On Tue, Jun 30, 2009 at 12:26 PM, <

That's right - they can defame away as long as their on the floor of the House, etc...

<!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 <!-- /* Font Definitions */ @font-face {font-family:Times; panose-1:0 0 0 0 0 0 0 0 0 0; mso-font-charset:0; mso-generic-font-family:roman; mso-font-format:other; mso-font-pitch:auto; mso-font-signature:0 0 0 0 0 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0cm; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:612.0pt 792.0pt; margin:2.0cm 42.5pt 2.0cm 3.0cm; mso-header-margin:36.0pt; mso-footer-margin:36.0pt; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> I would add:

<!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0cm; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} p {mso-margin-top-alt:auto; margin-right:0cm; mso-margin-bottom-alt:auto; margin-left:0cm; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:612.0pt 792.0pt; margin:2.0cm 42.5pt 2.0cm 3.0cm; mso-header-margin:36.0pt; mso-footer-margin:36.0pt; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> There are immunity and privilege. Privilege is by USSC decisions case law encompassing First Amend.   By Federal statue fed gov. and employees are immune in specified instances.

The United States cannot be sued in a tort action unless it is clear that Congress has waived the government's sovereign immunity and authorized suit under the FTCA. FTCA is a comprehensive legislative scheme by which the United States has waived its sovereign immunity to allow civil suits for actions arising out of negligent acts of agents of the United States.   The Federal Tort Claims Act FTCA includes specific, enumerated exceptions.   If an exception applies, the United States may not be sued and litigation based upon an exempt claim.  

 Among the exceptions to the FTCA most frequently applied are the "discretionary function"*exception, and the exceptions for several specific kinds of torts, including intentional torts such as libel, slander, misrepresentation, deceit, and interference with contract rights.  A federal employee is immune to lawsuits so long as the attorney general certifies that he was, at the time of the incident, acting within his scope of employment.
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*** discretionary function"* has a two-prong test:  (1) whether the challenged conduct involved an element of judgment or choice and (2) whether the decision involved was the kind the discretionary function exception was designed to shield. 

Exactly:

For example, a senator talking to the news media and standing in front of a bank of mics says Jane Doe is a dirty crook and a sex addict.

Jane Doe (provided all the other elements of defamation are present) may sue.

Same senator stands on the floor of the Senate and makes the same statement... he is cannot be sued.(provided that all the elements are present)

The debate exemption is very limited. To use it...

1)it must be a lawmaker or someone reporting to a law maker

2) it must be a legislative act: the government official makes the statement on the floor (or in a committee) of an official government body -- the court is asking if the statement was spoken as a part of legislative debate or deliberations.

3) it must be in the lawmaker's official capacity as a lawmaker (criminal behavior or misconduct do not count as offical capacity)


Re-check your hypos and the answers. Ask if the person does not fulfill these elements.

Good luck