Broadrick v. Oklahoma
Case Date: 05/05/1973
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The
Oklahoma statute is not overally broad, the State of Oklahoma has the has the power to regulate partisan 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."
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