To promote orderly and civil debates, House Rule XVII’s provisions on decorum include a prohibition on personal attacks in debate; it also includes disciplinary measures to enforce the rule.
A Member should avoid impugning the motives of another Member, the Senate or a Member of the Senate, the Vice President or the President, as well as using offensive language or words that are otherwise deemed unparliamentary. Using such language is known as “engaging in personalities.” These actions violate the rules of the House and are subject to a point of order. A point of order may be made by a Member “demanding that the gentleman’s (or gentlewoman’s) words be taken down.” The Member must make this point of order immediately after the offending words are said; otherwise the Chair will rule that the point of order was not timely.
If this happens in the Committee of the Whole, the Committee of the Whole rises and the Speaker must return to the Chair and rule on the propriety of the words used. In the case of remarks regarding the Senate and the President or the Vice President, the Chair may take the initiative and admonish Members for unparliamentary references.
Members should generally familiarize themselves with what engaging in personalities consists of. It is not always obvious whether remarks will be ruled out of order. For instance, Members are permitted more leeway to use strong language in criticizing policies than they are in criticizing persons. Likewise, they are less likely to be ruled out of order if they criticize general groups (e.g., “the left” or “the right”) than if they criticize particular people (e.g., “Congressman Smith” or “Congresswoman Jones”). If a Member is in doubt, they may ask the Parliamentarian’s office for guidance before going to the Floor to speak—though, strictly speaking, the Chair, not the Parliamentarian, rules on whether remarks are suitable if the point of order is made.
When a point of order is made, often the offending Member obtains unanimous consent to withdraw the inappropriate words or the demand is withdrawn before the Speaker rules and then the Member proceeds in order. However, if the Member’s words are ruled out of order, they may be stricken from the Congressional Record by motion or unanimous consent, and the Member will not be allowed to speak again on that day, except by motion or unanimous consent (clause 4 of rule XVII).
Members may be summoned to the Floor for votes related to words being taken down. For instance, a Member may appeal the Chair’s ruling that words are out of order, or a Member may move that the offending Member be permitted to speak again on that same legislative day. Such motions would require Members to come to the Floor for votes that had not been scheduled in advance.
Resolving a point of order for unparliamentary language can consume much time and may introduce uncertainty into the day’s schedule. Members and staff should be prepared to adjust their schedules if words are taken down.