In the case of DOE et al. v. MCMILLAN et al., 1972, parents and students from Washington D.C.'s public school system sued Congressman John L. McMillan and other government officials for invasion of privacy. The lawsuit was in response to a report published by the House Committee on District of Columbia which included explicit details about individual students' behavior, academic performance, family background, and psychological status without consent or anonymization. The Supreme Court ruled that while Congress has broad immunity under the Speech or Debate Clause (which protects members from being prosecuted for actions related to legislative duties), it does not extend absolute immunity to all individuals involved in legislative processes nor does it protect against claims outside criminal prosecution such as civil suits like this one for invasion of privacy rights.

In the dissenting opinion for DOE et al. v. MCMILLAN et al., the justices argued that Congress should not be held liable for publishing potentially defamatory information in a committee report, as this would infringe upon its legislative immunity and hinder its ability to carry out investigations effectively. They contended that if members of Congress were constantly worried about potential lawsuits arising from their investigative reports, they might refrain from conducting thorough inquiries or disclosing their findings publicly - actions which are crucial to maintaining transparency and accountability in government operations. The dissenters also pointed out that there were other legal avenues available to those who felt wronged by such publications, including suing individual congressmen or seeking redress through defamation laws.