Litigants: | Broadrick v. Oklahoma |
Arguedate: | March 26 |
Argueyear: | 1973 |
Decidedate: | June 25 |
Decideyear: | 1973 |
Usvol: | 413 |
Uspage: | 601 |
Parallelcitations: | 93 S. Ct. 2908; 37 L. Ed. 2d 830 |
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 |
Majority: | White |
Joinmajority: | Burger, Blackmun, Powell, Rehnquist |
Dissent: | Brennan |
Joindissent: | Stewart, Marshall |
Dissent2: | Douglas |
Lawsapplied: | 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."