Broadrick v. Oklahoma

Broadrick v. Oklahoma
Argued March 26, 1973
Decided June 25, 1973
Full case name Broadrick v. Oklahoma
Citations 413 U.S. 601 (more)
Prior history Appeal from the United States District Court for the Western District of Oklahoma
Holding
The Oklahoma statute is not overly broad; the State of Oklahoma has the power to regulate partisan political activities
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
Majority White, joined by Burger, Blackmum, Powell, Rehnquist
Dissent Brennan, joined by Stewart, Marshall
Dissent Douglas
Laws applied
First Amendment to the United States Constitution

Broadrick v. Oklahoma, 413 U.S. 601 (1973), is a United States Supreme Court decision upholding an Oklahoma statute which prohibited state employees from engaging in partisan political activities. Broadrick is often cited to enunciate the test for a facial overbreadth challenge that "the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute's plainly legitimate sweep."

  • Text of Broadrick v. Oklahoma, 413 U.S. 601 (1973) is available from:  Findlaw  Justia 

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