# Filibuster, what are they talking about?
**URL:** https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389
**Category:** Factual Questions
**Created:** [June 28, 2002, 3:00pm UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389 "2002-06-28T15:00:19Z")
**Posts on this page:** 12
**Page:** 2
### Author:  [@BobT](https://boards.straightdope.com/u/BobT)
#### Post date: [February 6, 2003, 2:40am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/21 "2003-02-06T02:40:47Z")
> [@](#):
>
> \*Originally posted by brad\_d \*
> \*\*It sounds as if some things (like swearing in a new member in Thurmond’s case) can occur during a filibuster. I guess voting to stop the filibuster obviously must take place while it’s still going on, as well.
>
> How does this work? Does the guy stop yammering without yielding the floor somehow, or this other activity go on with his droning as a nice background soundtrack? \*\*
Well, in _Mr. Smith Goes to Washington_, which is where a good chunk of America learned of filibusters that weren’t designed to obstruct civil rights legislation, the script stated that a senator could temporarily yield the floor to allow another member to ask him a question.
I don’t know if that’s a rule now.
You can find out more about the filibuster and cloture here:
[http://www.senate.gov/artandhistory/history/common/briefing/Filibuster\_Cloture.htm](http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm)
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### Author:  [@AskNott](https://boards.straightdope.com/u/AskNott)
#### Post date: [February 6, 2003, 2:56am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/22 "2003-02-06T02:56:21Z")
I’ve not clicked on the links provided, but filibusters are generally done differently now. The opposition to a bill or resolution announces the intention to filibuster. Then, if the supporters cannot rustle up enough votes for cloture (calling a halt to debate,) the matter is tabled (set aside, either permanently or to be brought up later when the tide changes.) The new way saves a lot of time for attending fundraisers and chatting with lobbyists. Oh, and listening to voters.
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### Author:  [@kniz](https://boards.straightdope.com/u/kniz)
#### Post date: [February 6, 2003, 5:47am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/23 "2003-02-06T05:47:22Z")
The rule of 2/3’s being able to stop a filibuster became law about the time I was studying government. Before that a single senator could try a filibuster, but of course this was not very successful. A small group could stop a bill that had already passed the House of Representatives and was favored by most of the Senate. This is why the new law was passed. Note that the 2/3’s vote is also what is needed to over-ride a presidental veto.
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### Author:  [@BobT](https://boards.straightdope.com/u/BobT)
#### Post date: [February 6, 2003, 6:19am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/24 "2003-02-06T06:19:35Z")
**kniz** just how old are you? The 2/3 rule for cloture was adopted in 1917. It was changed to 3/5 in 1975.
Cloture was Woodrow Wilson’s idea and, according to the Senate historian, was first invoked to force a vote on the Treaty of Versailles in 1919.
So you were on Henry Cabot Lodge’s staff? 😉
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### Author:  [@friedo](https://boards.straightdope.com/u/friedo)
#### Post date: [February 6, 2003, 6:27am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/25 "2003-02-06T06:27:24Z")
> [@](#):
>
> \*Originally posted by BobT \*
> Well, in _Mr. Smith Goes to Washington_, which is where a good chunk of America learned of filibusters that weren’t designed to obstruct civil rights legislation, the script stated that a senator could temporarily yield the floor to allow another member to ask him a question.
>
> I don’t know if that’s a rule now.
They did that on _The West Wing_ episode “The Stackhouse Filibuster” also.
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### Author:  [@Blake](https://boards.straightdope.com/u/Blake)
#### Post date: [February 6, 2003, 7:41am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/26 "2003-02-06T07:41:41Z")
> [@](#):
>
> a Senator can talk about anything they want to, even read from a book.
Supplementary question.
If someone were to read from a copyrighted book (sya LOTR for example), hat would then happen regard the copyright?
I assume that the actual record from the Senate is public domain.
Could someone use this technique to effectively destroy copyright, since I could publish the book as a quote form the record?
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### Author:  [@Walloon](https://boards.straightdope.com/u/Walloon)
#### Post date: [February 6, 2003, 8:37am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/27 "2003-02-06T08:37:32Z")
Actually, works under copyright are read into the Congressional Record often, including poems, speeches, and newspaper articles. And, no, that does not invalidate the copyright of those works. Republishing the work outside the Congressional Record, especially for commercial gain, would be an infringement.
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### Author:  [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)
#### Post date: [February 6, 2003, 9:15pm UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/28 "2003-02-06T21:15:07Z")
> [@](#):
>
> _Originally posted by BobT \*
> [BCloture was Woodrow Wilson’s idea and, according to the Senate historian, was first invoked to force a vote on the Treaty of Versailles in 1919._\*
Right. In winter 1917 a group of 11 Senators filibustered a bill to allow the Wilson administration to arm merchant ships, and under the rules of the time there was no way to invoke cloture. The bill had passed the House 403-13 and was considered an essential national security measure by most of the country, but it died when the Sixty-Fourth Congress expired on March 4, 1917. The ensuing uproar motivated the 65th Senate to adopt “Rule 22” providing for cloture by a 2/3 majority, changed to 3/5 in 1975.
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### Author:  [@kniz](https://boards.straightdope.com/u/kniz)
#### Post date: [February 7, 2003, 6:13am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/29 "2003-02-07T06:13:00Z")
**Sorry** , but I knew it changed sometime during my time on earth. :o
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### Author:  [@kniz](https://boards.straightdope.com/u/kniz)
#### Post date: [February 7, 2003, 6:16am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/30 "2003-02-07T06:16:02Z")
[ul] **But I do remember Henry Cabot Lodge. Does that count?** ;)[/ul]
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### Author:  [@BobT](https://boards.straightdope.com/u/BobT)
#### Post date: [February 7, 2003, 6:40am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/31 "2003-02-07T06:40:58Z")
Henry Cabot Lodge, the imperialist-bent Senator from Massachusetts died in 1924.
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### Author:  [@Flymaster](https://boards.straightdope.com/u/Flymaster)
#### Post date: [February 7, 2003, 6:49am UTC](https://boards.straightdope.com/t/filibuster-what-are-they-talking-about/116389/32 "2003-02-07T06:49:06Z")
Henry Cabot Lodge, Jr, the ambassador of course, did not die in 1924, however. Two different people, kniz 🙂
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