Reports are mentioning that a heckler was arrested for shouting during the State of the Union. I understand it's a relatively small charge, misdemeanor, but what rules/laws are in place that stop any Congresspersons from the same arrest? Marjorie Taylor Greene, for example, interrupted/heckled during the speech as well but was not arrested.
I assume there's some sort of protection for the Congresspeople, but am having trouble finding anything specific online.
The Speech and Debate Clause provides absolute immunity for members of Congress for anything that they say in the Capitol from anyone other than Congress itself, which can fine and otherwise punish its members, expelling them by a two-thirds majority if it deems fit.
Article I, Section 6, Clause 1 of the U.S. Constitution states:
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Anyone else can be arrested by Capitol Police or other suitable officials.
The State of the Union takes place in Congress, and is a function of Congress (not the Executive, who is an invited guest).
In Congress all members have privilege. They could conceivably call for parliamentary procedures such as a "Point of Inquiry" or a "Personal Privilege" or even "Suggest the Absence of a Quorum" or "Make a Motion". As such, interrupting and yelling is just a member speaking out of order, without being recognized by the chair.
The members of the general public, however, have NO privilege at all, and are informed on entry by posted signs that they are expected to be silent or be removed.
