[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[A. The Speaker]
[Â§ 8. Preserving Order in the House Galleries]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 536-539]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 8. Preserving Order in the House Galleries

    The Speaker's jurisdiction, duties, and powers to preserve order in 
the House galleries are derived from the House rules and precedents. 
This section gives examples of both.(11)
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11. See Ch. 4, supra, for fuller treatment of the Speaker's control of 
        the House galleries.
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    Under House rules the Speaker has control of the order and decorum 
of the House galleries,(12) the allocation of space in and 
the issuance of passes to the galleries,(13) and the 
regulation of the press galleries.(14)
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12. Rule I clause 2, House Rules and Manual Sec. 622 (1973).
13. Rule XXXIII, House Rules and Manual Sec. 922 (1973).
14. Rule XXIV clauses 2 and 3, House Rules and Manual Sec. Sec. 930 and 
        930a (1973).
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    The Speaker has ordered an offending visitor out of the House

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galleries(15) and has had all of the galleries 
cleared.(16) The Speaker has prescribed the manner of 
obtaining admission to the galleries(17) and has admonished 
visitors about improper demonstrations.(18)
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15. See Sec. 8.4, infra.
16. See Sec. Sec. 8.2, 8.5, infra.
17. See Sec. 8.1, infra.
18. See Sec. 8.3, infra.
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    The Speaker has also directed the press gallery to report to him, 
after an infraction of regulations, what remedial measures it would 
take to prevent future infractions.(19)
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19. See Sec. 8.6, infra.                          -------------------
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Controlling Admission to 
    Gallery

Sec. 8.1 It is considered within the authority of the Speaker to 
    regulate the manner by which guests may be permitted to enter the 
    House gallery.

    On Feb. 23, 1942,(20) Speaker Sam Rayburn, of Texas, 
spoke concerning his responsibility for the protection of the Members 
of the House:
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20. 88 Cong. Rec. 1524, 77th Cong. 2d Sess.
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        The Speaker: One of the responsibilities of the Speakership is 
    the protection of the Members and the places in which they work. 
    This responsibility, of course, is a little more anxious one right 
    now than in ordinary times, and anything that is done or any 
    regulation that is issued is issued after the best and most 
    competent advice the Speaker is able to get.
        Some time ago cards were issued and no one was allowed to come 
    into the gallery without one. These cards have been outstanding for 
    some time, and I am sorry to say they have been widely distributed, 
    many of them mailed to distant points in the country. The Chair and 
    those who advise him have decided that it is best to revoke all 
    outstanding cards of admission to the galleries. New cards have 
    been printed and will be distributed to the Members today and 
    tomorrow, as the cards to the gallery outstanding will not be 
    honored after Wednesday morning. . . .
        Another thing that those who advise me think is highly 
    advisable is that the people entering any of the galleries, except 
    the Members' gallery, submit themselves to search. This is thought 
    wise and judicious by men who will be in the Capitol and who will 
    be competent for the work.
        I hope this may not seem too irksome to some of our people who 
    may come to Washington. I am willing to take this responsibility 
    for the reason that if a mishap occurs around the Capitol somebody 
    has got to take the responsibility, and I am willing to share my 
    part of it. So I hope the cards that will be issued in lieu of 
    those outstanding may be handed in Washington to visitors and 
    constituents of yours and not be mailed around the country.

[[Page 538]]

Sec. 8.2 It is considered within the authority of the Speaker not to 
    permit visitors in the House galleries under certain circumstances.

    On May 10, 1972,(1) Speaker Carl Albert, of Oklahoma, 
made the following announcement:
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 1. 118 Cong. Rec. 4331, 92d Cong. 2d Sess.
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        The Speaker: The Chair desires to make a statement.
        The Chair has received intelligence from the police force and 
    other responsible authorities that there will be disturbances in 
    the gallery today. On the basis of this information and their 
    recommendation the Chair has ordered that the galleries be closed 
    to the public for the time being.

Controlling Visitor Behavior

Sec. 8.3 It is considered within the authority of the Chair to admonish 
    visitors concerning the proper behavior in the House galleries.

        On July 31, 1969,(2) a point of order was raised 
    concerning the behavior of visitors in the House gallery.
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 2. 115 Cong. Rec. 21634, 91st Cong. 1st Sess.
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        Mr. [John E.] Moss [Jr., of California]: Mr. Chairman, I make 
    the point of order that the galleries are not in order and that the 
    applause is in violation of the rules of the House and must stop.
        The Chairman [Chet Holifield of California]: The point of order 
    is well taken.
        The Chair will state that visitors in the gallery are guests of 
    the House of Representatives. Under the rules and practices of the 
    House of Representatives, visitors in the gallery are not permitted 
    to make undue noise or to applaud or to in any way show their 
    pleasure or displeasure as to the actions of the Members of the 
    House.

Sec. 8.4 The Speaker may order the removal of a person who is taking 
    pictures of the House from the gallery without permission of the 
    House.

    On Feb. 22, 1950,(3) Speaker Sam Rayburn, of Texas, made 
the following statement:
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 3. 96 Cong. Rec. 2152, 81st Cong. 2d Sess.
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        The Speaker: The Chair understands there is a camera in the 
    gallery. Whoever has that camera will remove the camera or remove 
    themselves and the camera immediately. That is a violation of the 
    rules of the House.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        In that case, is it not the rule to clear the gallery?
        The Speaker: Not necessarily.
        Mr. Rankin: To clear them of those who are violating the law.
        The Speaker: The Chair has just made that 
    suggestion.(4)
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 4. Parliamentarian's Note: In this in stance the Doorkeeper of the 
        House confiscated the film.
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Sec. 8.5 It is considered within the authority of the Speaker

[[Page 539]]

    to clear the House galleries in the case of disorderly 
    conduct.(5)
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 5. See Rule I clause 2, House Rules and Manual Sec. 622 (1973).
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    On Jan. 18, 1972,(6) the following point of order was 
raised:
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 6. 118 Cong. Rec. 92d Con. 2d Sess.
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        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I demand that 
    the gallery be cleared.
        The Speaker: [Carl Albert, of Oklahoma]: The Chair will not 
    tolerate demonstrations of approval or disapproval in the 
    galleries.
        Mr. Hall: Mr. Speaker, I make a point of order that our guests 
    and those in the galleries are not in order. I request that the 
    gallery be cleared.
        The Speaker: The gentleman's point is well taken. The gallery 
    will be cleared

Controlling Press Galleries

Sec. 8.6 It is considered within the authority of the Speaker, in 
    preserving order in the House galleries, to direct each of the 
    press galleries to report to him about what remedial actions will 
    be taken to prevent infractions of the House rules regarding the 
    taking of photographs of the House in session.

    On Jan. 6, 1969,(7) Speaker John W. McCormack, of 
Massachusetts, addressed the press galleries:
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 7. 115 Cong. Rec. 145, 91st Cong. 1st Sess.
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        The Speaker: The Chair is troubled over the flagrant violation 
    by some of the news media of the restrictions on the taking of 
    pictures during the organization of the House on last Friday.
        All segments of the news media were thoroughly familiar with 
    the rules that taking any pictures--still, moving, TV, or tape--are 
    prohibited except during the period when the [flood] lights are 
    turned on.
        Some members of the news media who were granted the privilege 
    of attending the opening session of the 91st Congress and permitted 
    to bring their cameras into the galleries ignored the restrictions 
    in complete violation of the agreement upon which they were 
    admitted.
        The Chair is calling this matter to the attention of the news 
    media galleries and will expect a report from each on the action 
    taken by them with respect to the violations of the regulations as 
    well as to what provisions they are making to prevent such 
    violations in the future.

[[Page 540]]