We are alarmed by action recently taken in the state legislatures to remove elected representatives from the chamber and participation in legislative activities. In Tennessee two of three censured legislators were removed based on their alleged misconduct and lack of decorum during debate on gun control legislation. They were quickly returned to the legislature by the local authorities which address vacancies in such circumstances. More recently in Montana, the first openly transgender member of its House of Representatives was censored and removed for her speech or the wording of her opposition to legislation affecting rights of certain citizens to publicly financed health care. The representative was permitted to participate by Zoom, but apparently finds it difficult to be recognized. The expulsions in both states were based on charges of lack of adherence to the legislature’s rules concerning decorum.

We agree with the need for decorum and the need for orderly conduct and debate on the floor of the legislature, particularly so that the debate can take place and be heard and understood without interference. However, we are concerned about the possibility of overreaction to the substance of a debate by declaration of the majority as to what may be misconduct or inappropriate conduct—in the case of the Montana representative by stating “there will be blood on your hands” if you enact the pending legislation, allegedly suggesting that people would in fact die as a result of the legislature’s action. The federal speech and debate clause immunizes members of Congress for what is said during a debate or discussion on the floor of the House and Senate, as does Article IV, section 4, paragraph 9 of the New Jersey Constitution. And in that spirit it is important that representatives be able to use wording and language important to them unless it is clearly a true threat of violence, insurrection or the like.

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