Broadrick v. Oklahoma

413 U.S. 601 (1973)

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Nature of the Case

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Facts

Section 818 of D's Merit System of Personnel Administration Act restricts the political activities of the State's classified civil servants in much the same manner that the Hatch Act proscribes partisan political activities of federal employees. Ps were employees of the Oklahoma Corporation Commission who are subject to §818. Ps campaigned and solicited donations for a commissioner’s reelection. Ps were in the process of being disciplined for that violation and sued D under 42 U. S. C. § 1983 to prevent enforcement of two paragraphs of the law. Paragraph six provides that 'no employee in the classified service . . . shall, directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or receiving any assessment . . . or contribution for any political organization, candidacy or other political purpose.' Paragraph seven provides that no such employee 'shall be a member of any national, state or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid public office.' That paragraph further prohibits such employees from 'taking part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote.' Ps sought to have the two paragraphs declared unconstitutional on their face and enjoined because of asserted vagueness and overbreadth. The District Court upheld the provisions and denied relief. The Supreme Court eventually granted certiorari.