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) 93 S. Ct. 2908; 37 L. Ed. 2d 830 |
| Case history | |
| Prior | 338 F. Supp. 711 (W.D. Okla. 1972) |
| Holding | |
| The Oklahoma statute is not overly broad; the State of Oklahoma has the power to regulate partisan political activities | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Blackmun, 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."
External links
- Text of Broadrick v. Oklahoma, 413 U.S. 601 (1973) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)
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