Broadrick v. Oklahoma

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Broadrick v. Oklahoma
Seal of the United States Supreme Court
Argued March 26, 1973
Decided June 25, 1973
Full case nameBroadrick v. Oklahoma
Citations413 U.S. 601 (more)
93 S. Ct. 2908; 37 L. Ed. 2d 830
Case history
Prior338 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
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
MajorityWhite, joined by Burger, Blackmum, Powell, Rehnquist
DissentBrennan, joined by Stewart, Marshall
DissentDouglas
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."

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