{ "id": "R45866", "type": "CRS Report", "typeId": "REPORTS", "number": "R45866", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 603545, "date": "2019-08-13", "retrieved": "2019-08-13T22:06:02.167917", "title": "Words Taken Down: Calling Members to Order for Disorderly Language in the House", "summary": "Rule XVII, clause 4, of the standing rules of the House of Representatives describes a parliamentary mechanism whereby a Member may call another Member to order for the use of disorderly language. Disorderly, or unparliamentary, remarks are a violation of House rules of decorum. This mechanism, which is referred to as \u201cwords taken down,\u201d may be invoked during debate on the House floor, in the Committee of the Whole, or in the standing and select committees of the House. \nTo call a Member to order for allegedly disorderly remarks, a Member would state the following: \u201cI demand that the gentleman\u2019s/gentlewoman\u2019s words be taken down.\u201d This call to order is to occur immediately after the words are spoken. If the demand comes after additional debate or business, the presiding officer may rule that it is untimely. (The presiding officer\u2019s decision on timeliness, however, may be appealed.) \nThe phrase taken down refers to the writing down of the words objected to so they may be read out loud by the House Clerk. Following the reading, the presiding officer will rule on whether the remarks are in order. \nIn the moments between the formal demand that words be taken down and the Clerk\u2019s reading of the words, the Member who made the allegedly disorderly remarks may seek unanimous consent to have them stricken from the Congressional Record. If the unanimous consent request is granted, the House may resume its business without the reading of the words or a ruling thereon. Alternatively, the Member who demanded that the words be taken down can withdraw the request. If neither occurs, then the Clerk will read the words and the Speaker or committee chair will rule on whether the words are in order, which is subject to an appeal. (If the demand for words taken down occurs in the Committee of the Whole, the committee will rise and report the words back to the House, so the Speaker can rule on the words.)\nWhen determining whether the words are unparliamentary, the Speaker will consider the words themselves, as well as the context in which they were used, and base the ruling on House rules and precedents. Rule XVII, clause 1(b), of the standing rules of the House prohibits Members from engaging in \u201cpersonalities\u201d in debate, but the text of the rule does not state explicitly what language is unparliamentary. Rather, House precedents include examples of words and phrases that were previously determined to be in order and those that were ruled out of order. On the House floor, the Parliamentarian advises the Speaker based on these precedents. The Office of the Parliamentarian is not responsible for providing procedural assistance during committee meetings, although the chair could attempt to consult with the Parliamentarian in advance of or during such meetings.\nIf the Member\u2019s words are ruled out of order, the words may be stricken from the Congressional Record by unanimous consent on the initiative of the presiding officer. The words may also be stricken by a motion, which means the House will vote on whether to strike the remarks. In addition, Members whose words are determined to be unparliamentary may not be recognized to speak for the rest of the day (even on yielded time) unless the Member is allowed to proceed in order by unanimous consent or a motion. They may, however, vote and demand the yeas and the nays.\nThe demand for words to be taken down was invoked 170 times on the House floor or Committee of the Whole between January 1, 1971, and July 24, 2019. In practice, when this demand occurs, the Member being called to order is usually permitted to revise the words or to strike them from the Congressional Record before the Clerk reads the words back to the House. Therefore, the Speaker does not rule on whether the remarks violate the rules of decorum. When there is a ruling, the Speaker often states that the basis for the ruling is whether the words include a personal criticism of an identifiable person (usually a Member or the President).", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45866", "sha1": "b31b3988364a0bc1f13a2122b566acfd5b85ae5d", "filename": "files/20190813_R45866_b31b3988364a0bc1f13a2122b566acfd5b85ae5d.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45866", "sha1": "8a32476b369ea11f2251fca4f673475f573b4fcb", "filename": "files/20190813_R45866_8a32476b369ea11f2251fca4f673475f573b4fcb.pdf", "images": {} } ], "topics": [] } ], "topics": [ "Legislative Process" ] }