BROADRICK ET AL. v. OKLAHOMA ET AL.
No. 71-1639
Supreme Court of the United States
Argued March 26, 1973—Decided June 25, 1973
413 U.S. 601
John C. Buckingham argued the cause for appellants. With him on the briefs was Terry Shipley.
Mike D. Martin, Assistant Attorney General of Oklahoma, argued the cause for appellees. With him on the brief were Larry Derryberry, Attorney General, and Paul C. Duncan, Assistant Attorney General.
MR. JUSTICE WHITE delivered the opinion of the Court.
Section 818 of Oklahoma‘s Merit System of Personnel Administration Act,
Appellants do not question Oklahoma‘s right to place even-handed restrictions on the partisan political conduct of state employees. Appellants freely concede that such restrictions serve valid and important state interests, particularly with respect to attracting greater numbers of qualified people by insuring their job security, free from the vicissitudes of the elective process, and by protecting them from “political extortion.”4 See United Public Workers v. Mitchell, 330 U. S. 75, 99–103 (1947). Rather, appellants maintain that however permissible,
We have held today that the Hatch Act is not impermissibly vague. CSC v. Letter Carriers, ante, p. 548. We have little doubt that § 818 is similarly not so vague that “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U. S. 385, 391 (1926). See Grayned v. City of Rockford, 408 U. S. 104, 108–114 (1972); Colten v. Kentucky, 407 U. S. 104, 110–111 (1972); Cameron v. Johnson, 390 U. S. 611, 616 (1968). Whatever other problems there are with § 818, it is all but frivolous to suggest that the section fails to give adequate warning of what activities it proscribes or fails to set out “explicit standards” for those who must apply it. Grayned v. City of Rockford, supra, at 108. In the plainest language, it
Shortly before appellants commenced their action in the District Court, they were charged by the State Personnel Board with patent violations of § 818.9 According to the Board‘s charges, appellants actively participated in the 1970 re-election campaign of a Corporation Commissioner, appellants’ superior. All three allegedly asked other Corporation Commission employees (individually and in groups) to do campaign work or to give referrals to persons who might help in the campaign. Most of these requests were made at district offices of the Commission‘s Oil and Gas Conservation Division. Two of the appellants were charged with soliciting money for the campaign from Commission employees and one was also charged with receiving and distributing campaign posters in bulk. In the context of this type of obviously covered conduct, the statement of Mr. Justice Holmes is particularly appropriate: “if there is any difficulty ... it will be time enough to consider it when raised by someone whom it concerns.” United States v. Wurzbach, supra, at 399.
Appellants assert that § 818 has been construed as applying to such allegedly protected political expression as the wearing of political buttons or the displaying
Embedded in the traditional rules governing constitutional adjudication is the principle that a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the Court. See, e. g., Austin v. The Aldermen, 7 Wall. 694, 698–699 (1869); Supervisors v. Stanley, 105 U. S. 305, 311–315 (1882); Hatch v. Reardon, 204 U. S. 152, 160–161 (1907); Yazoo & M. V. R. Co. v. Jackson Vinegar Co., 226 U. S. 217, 219–220 (1912); United States v. Wurzbach, supra, at 399; Carmichael v. Southern Coal & Coke Co., 301 U. S. 495, 513 (1937); United States v. Raines, 362 U. S. 17 (1960). A closely related principle is that constitutional rights are personal and may not be asserted vicariously. See McGowan v. Maryland, 366 U. S. 420, 429–430 (1961). These principles rest on more than the fussiness of judges. They reflect the conviction that under our constitutional system courts
“So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.” Marbury v. Madison, 1 Cranch 137, 178 (1803).
In the past, the Court has recognized some limited exceptions to these principles, but only because of the most “weighty countervailing policies.” United States v. Raines, 362 U. S., at 22–23.12 One such exception is where individuals not parties to a particular suit stand to lose by its outcome and yet have no effective avenue of preserving their rights themselves. See Eisenstadt v. Baird, 405 U. S. 438, 444–446 (1972); NAACP v. Alabama, 357 U. S. 449 (1958). Another exception has been carved out in the area of the First Amendment.
It has long been recognized that the First Amendment needs breathing space and that statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression
Such claims of facial overbreadth have been entertained in cases involving statutes which, by their terms, seek to regulate “only spoken words.” Gooding v. Wilson, 405 U. S. 518, 520 (1972). See Cohen v. California, 403 U. S. 15 (1971); Street v. New York, 394 U. S. 576 (1969); Brandenburg v. Ohio, 395 U. S. 444 (1969); Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). In such cases, it has been the judgment of this Court that the possible harm to society in permitting some unprotected speech to go unpunished is outweighed by the possibility that protected speech of others may be muted and perceived grievances left to fester because of the possible inhibitory effects of overly broad statutes. Overbreadth attacks have also been allowed where the Court thought rights of association were ensnared in statutes which, by their broad sweep, might result in burdening innocent associations. See Keyishian v. Board of Regents, 385 U. S. 589 (1967); United States v. Robel, 389 U. S. 258 (1967); Aptheker v. Secretary of State, 378 U. S. 500 (1964); Shelton v. Tucker, supra. Facial
The consequence of our departure from traditional rules of standing in the First Amendment area is that any enforcement of a statute thus placed at issue is totally forbidden until and unless a limiting construction or partial invalidation so narrows it as to remove the seeming threat or deterrence to constitutionally protected expression. Application of the overbreadth doctrine in this manner is, manifestly, strong medicine. It has been employed by the Court sparingly and only as a last resort. Facial overbreadth has not been invoked when a limiting construction has been or could be placed on the challenged statute. See Dombrowski v. Pfister, 380 U. S., at 491; Cox v. New Hampshire, 312 U. S. 569 (1941); United States v. Thirty-seven Photographs, 402 U. S. 363 (1971); cf. Breard v. Alexandria, 341 U. S. 622 (1951). Equally important, overbreadth claims, if entertained at all, have been curtailed when invoked against ordinary criminal laws that are sought to be applied to protected conduct. In Cantwell v. Connecticut, 310 U. S. 296 (1940), Jesse Cantwell, a Jehovah‘s Witness, was convicted of common-law breach of the peace for playing a phonograph record attacking the
It remains a “matter of no little difficulty” to determine when a law may properly be held void on its face and when “such summary action” is inappropriate. Coates v. City of Cincinnati, 402 U. S. 611, 617 (1971) (opinion of Black, J.). But the plain import of our cases is, at the very least, that facial overbreadth adjudication is an exception to our traditional rules of practice and that its function, a limited one at the outset, attenuates as the otherwise unprotected behavior that it forbids the State to sanction moves from “pure speech” toward conduct and that conduct—even if expressive—falls within the scope of otherwise valid criminal laws that reflect legitimate state interests in maintaining comprehensive controls over harmful, constitutionally unprotected conduct. Although such laws, if too broadly worded, may deter protected speech to some unknown extent, there comes a point where that effect—at best a prediction—cannot, with confidence, justify invalidating a statute on its face and so prohibiting a State from enforcing the statute against conduct that is admittedly within its power to proscribe. Cf. Alderman v. United States, 394 U. S. 165, 174–175 (1969). To put the matter another way, particularly where conduct and not merely speech is involved, we believe 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. It is our view that § 818 is not substantially overbroad and that whatever overbreadth may exist should be cured through case-by-
Unlike ordinary breach-of-the-peace statutes or other broad regulatory acts, § 818 is directed, by its terms, at political expression which if engaged in by private persons would plainly be protected by the First and Fourteenth Amendments. But at the same time, § 818 is not a censorial statute, directed at particular groups or viewpoints. Cf. Keyishian v. Board of Regents, supra. The statute, rather, seeks to regulate political activity in an even-handed and neutral manner. As indicated, such statutes have in the past been subject to a less exacting overbreadth scrutiny. Moreover, the fact remains that § 818 regulates a substantial spectrum of conduct that is as manifestly subject to state regulation as the public peace or criminal trespass. This much was established in United Public Workers v. Mitchell, and has been unhesitatingly reaffirmed today in Letter Carriers, supra. Under the decision in Letter Carriers, there is no question that § 818 is valid at least insofar as it forbids classified employees from: soliciting contributions for partisan candidates, political parties, or other partisan political purposes; becoming members of national, state, or local committees of political parties, or officers or committee members in partisan political clubs,
These proscriptions are taken directly from the contested paragraphs of § 818, the Rules of the State Personnel Board and its interpretive circular, and the authoritative opinions of the State Attorney General. Without question, the conduct appellants have been charged with falls squarely within these proscriptions.
Appellants assert that § 818 goes much farther than these prohibitions. According to appellants, the statute‘s prohibitions are not tied tightly enough to partisan political conduct and impermissibly relegate employees to expressing their political views “privately.” The State Personnel Board, however, has construed § 818‘s explicit approval of “private” political expression to include virtually any expression not within the context of active partisan political campaigning,15 and the State‘s Attorney General, in plain terms, has interpreted § 818 as prohibiting “clearly partisan political activity” only.16
The judgment of the District Court is affirmed.
It is so ordered.
This case in my view should be governed by some of the considerations I set forth in my dissent in the Letter Carriers case, ante, p. 595.
Section 818, par. 7, of the Oklahoma Act states:
“No employee in the classified service 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, or shall take 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.” (Emphasis supplied.)
If this were a regulation of business or commercial matters the Court‘s citation of Connally v. General Construction Co., 269 U. S. 385, 391, would be apt. Connally was a case involving a state law making it a crime for contractors with the State to pay their workmen less than the “current rate of per diem wages in the locality where the work is performed.” The Court held the Act too vague to pass muster as a penal measure. I would concede that by the Connally test § 818, par. 7, would not fall. For the provision in question bars an employee 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.”
But the problem here concerns not commerce but the First Amendment. The First Amendment goes further than protecting a person for “privately” expressing his opinion. Public as well as private discourse is included; and the emphasis in § 818, par. 7, that private expression of views is tolerated emphasizes that public expression is not tolerated.
I do not see how government can deprive its employees of the right to speak, write, assemble, or petition once the office is closed and the employee is home on his own. Public discussion of local, state, national, and international affairs is grist for the First Amendment mill. Our decisions emphasize that free debate, uninhibited discussion, robust and wide-open controversy, a multitude of tongues, the pressure of ideas clear across the spectrum set the pattern of First Amendment freedoms. We emphasized in New York Times Co. v. Sullivan, 376 U. S. 254, 272 (1964), that neither injury “to official reputation” nor “factual error” justified repression of
First Amendment rights are indeed fundamental, for “we the people” are the sovereigns, not those who sit in the seats of the mighty. It is the voice of the people who ultimately have the say; once we fence off a group, and bar them from public dialogue, the public interest is the loser. Those who are tied into the federal regime either by direct employment or by state projects federally financed now amount to about five and a half million. The number included, if all state employees are added, is estimated* at over 13 million.
These people are scrubwomen, janitors, typists, file clerks, chauffeurs, messengers, nurses, orderlies, policemen and policewomen, night watchmen, telephone and elevator operators, as well as those doing some kind of administrative, executive, or judicial work. There are activities that do not touch on First Amendment rights which can be banned. There are illegal election procedures such as wiretapping, burglary, and mailing politically salacious letters that are beyond the pale. The First Amendment, however, concerns a variety of activities that are deep in our tradition: forming ad hoc committees to lobby measures through a council or other legislative body; organizing protective associations to protect lakes, rivers, islands of wilderness, or a neighborhood; preparing and circulating petitions for signatures in support of legislative reforms; making protest marches or picketing the statehouse for a public cause—these as well as debate, passing out campaign literature, watching at the polls, making radio and TV appearances, addressing rallies in parks or auditoriums, are all part of the intense process of mobilizing “we the people” for or against
*Statistical Abstract of the United States 1972, pp. 403, 431.
A bureaucracy that is alert, vigilant, and alive is more efficient than one that is quiet and submissive. It is the
I would reverse the judgment below.
MR. JUSTICE BRENNAN, with whom MR. JUSTICE STEWART and MR. JUSTICE MARSHALL join, dissenting.
Whatever one‘s view of the desirability or constitutionality of legislative efforts to restrict the political activities of government employees, one must regard today‘s decision upholding § 818 of the
As employees of the Corporation Commission of the State of Oklahoma, a state agency, appellants are subject to the provisions of the State‘s Merit Act. That Act designates certain state agencies, including the Corporation Commission, which are barred from dismissing or suspending classified employees for political reasons.
As a result of appellants’ alleged participation in the 1970 re-election campaign of Corporation Commissioner Ray C. Jones, the State Personnel Board formally charged appellants with violations of the Act. Appellants then brought this action under
Appellants’ claims are, of course, similar to the vagueness and overbreadth contentions rejected by the Court today in upholding § 9 (a) of the
Section 9 (a) of the
By contrast, the critical phrase of the Oklahoma Act—no employee shall “take part in the management or affairs of any political party or in any political campaign“—is left almost wholly undefined. While the Act does specifically declare that employees have the right to express their views “privately,” it nowhere defines the terms “take part” or “management” or “affairs.” The reservation of the right to express one‘s views in private could, moreover, be thought to mean that any public expression of views is forbidden. Of course, the Oklahoma Act can, like its federal counterpart, be viewed in conjunction with the applicable administrative regulations. But in marked contrast with the elaborate set of regulations purporting to define the prohibitions of the Hatch Act, the pertinent regulations of the State Personnel Board are a scant five rules that shed no light at all on the intended reach of the statute. Two
It is possible, of course, that the inherent ambiguity of the Oklahoma statute might be cured by judicial construction of its terms. But the Oklahoma Supreme Court has never attempted to construe the Act or narrow its apparent reach. Plainly, this Court cannot undertake that task. Gooding v. Wilson, 405 U.S. 518, 520 (1972); United States v. Thirty-seven Photographs, 402 U.S. 363, 369 (1971).6 I must assume, therefore, that the Act, subject to whatever gloss is provided by the administrative regulations,7 is capable of applications that would prohibit speech and conduct clearly protected by the
Although the Court does not expressly hold that the statute is vague and overbroad, it does assume not only that the ban on the wearing of badges and buttons may be “impermissible,” but also that the Act “may be susceptible of some other improper applications.” Ante, at 618. Under principles that I had thought were established beyond dispute, that assumption requires a finding that the statute is unconstitutional on its face. Ordinarily, “one to whom application of a statute is constitutional will not be heard to attack the statute on the ground that impliedly it might also be taken as applying to other persons or other situations in which its application might be unconstitutional.” United States v. Raines, 362 U.S. 17, 21 (1960).8 And appellants apparently concede that
Although the Court declines to hold the Oklahoma Act unconstitutional on its face, it does expressly recognize that overbreadth review is a necessary means of preventing a “chilling effect” on protected expression. Nevertheless, the Court reasons that the function of the doctrine “attenuates as the otherwise unprotected behavior that it forbids the State to sanction moves from ‘pure speech’ toward conduct and that conduct—even if expressive—falls within the scope of otherwise valid criminal laws that reflect legitimate state interests in maintaining comprehensive controls over harmful, constitutionally unprotected conduct.” Ante, at 615. Where conduct is involved, a statute‘s overbreadth must henceforth be “substantial” before the statute can properly be found invalid on its face.
I cannot accept the validity of that analysis. In the first place, the Court makes no effort to define what it means by “substantial overbreadth.” We have never held that a statute should be held invalid on its face merely because it is possible to conceive of a single impermissible application, and in that sense a requirement of substantial overbreadth is already implicit in the doctrine. Cf. Note, The First Amendment Overbreadth Doctrine, supra, at 858-860, 918. Whether the Court means to require some different or greater showing of substantiality is left obscure by today‘s opinion, in large part because the Court makes no effort to explain why
More fundamentally, the Court offers no rationale to explain its conclusion that, for purposes of overbreadth analysis, deterrence of conduct should be viewed differently from deterrence of speech, even where both are equally protected by the
At issue in Coates was a city ordinance making it an offense for “three or more persons to assemble . . . on any of the sidewalks . . . and there conduct themselves in a manner annoying to persons passing by . . . .” Id., at 611. There can be no doubt that the ordinance was held unconstitutional on its face, and not merely unconstitutional as applied to particular, protected conduct. For the Court expressly noted that the ordinance was “aimed directly at activity protected by the Constitution. We need not lament that we do not have before us the details of the conduct found to be annoying. It is the ordinance on its face that sets the standard of conduct and warns against transgression. The details of the offense could no more serve to validate this ordinance than could the details of an offense charged under an ordinance suspending unconditionally the right of assembly and free speech.” Id., at 616. In dissent, MR. JUSTICE WHITE maintained that since the ordinance
At this stage, it is obviously difficult to estimate the probable impact of today‘s decision. If the requirement of “substantial” overbreadth is construed to mean only that facial review is inappropriate where the likelihood of an impermissible application of the statute is too small to generate a “chilling effect” on protected speech or conduct, then the impact is likely to be small. On the
Notes
“[1] No person in the classified service shall be appointed to, or demoted or dismissed from any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations, or because of race, creed, color or national origin or by reason of any physical handicap so long as the physical handicap does not prevent or render the employee less able to do the work for which he is employed.
“[2] No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for consideration; provided, however, that letters of inquiry, recommendation and reference by public employees of public officials shall not be considered official authority or influence unless such letter contains a threat, intimidation, irrelevant, derogatory or false information.
“[3] No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification or appointment made under any provision of this Act or in any manner commit any fraud preventing the impartial execution of this Act and rules made hereunder.
“[4] No employee of the department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this law, or furnish to any person any special or secret information for the purpose of effecting [sic] the rights or prospects of any person with respect to employment in the classified service.
“[5] No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the classified service.
“[6] No employee in the classified service, and no member of the Personnel Board shall, directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political organization, candidacy or other political purpose; and no state officer or state employee in the unclassified service shall solicit or receive any such assessment, subscription or contribution from an employee in the classified service.
“[7] No employee in the classified service 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, or shall take 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.
“[8] Upon a showing of substantial evidence by the Personnel Director that any officer or employee in the state classified service, has knowingly violated any of the provisions of this Section, the State Personnel Board shall notify the officer or employee so charged and the appointing authority under whose jurisdiction the officer or employee serves. If the officer or employee so desires, the State Personnel Board shall hold a public hearing, or shall authorize the Personnel Director to hold a public hearing, and submit a transcript thereof, together with a recommendation, to the State Personnel Board. Relevant witnesses shall be allowed to be present and testify at such hearings. If the officer or employee shall be found guilty by the State Personnel Board of the violation of any provision of this Section, the Board shall direct the appointing authority to dismiss such officer or employee; and the appointing authority so directed shall comply.”
“No employee in the classified service, and no member of the Personnel Board shall, directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political organization, candidacy or other political purpose; and no state officer or state employee in the unclassified service shall solicit or receive any such assessment, subscription or contribution from an employee in the classified service.
“No employee in the classified service 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, or shall take 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.”
“No employee in the classified service, and no member of the Personnel Board shall, directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political organization, candidacy or other political purpose; and no state officer or state employee in the unclassified service shall solicit or receive any such assessment, subscription or contribution from an employee in the classified service.”
“No employee in the classified service 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, or shall take 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.”
Compare n. 1, supra.
“Every classified employee shall fulfill to the best of his ability the duties of the office of [sic] position conferred upon him and shall prove himself in his behavior, inside and outside, the worth of the esteem which his office or position requires. In his official activities the classified employee shall pursue the common good, and, not only be impartial, but so act as neither to endanger his impartiality nor to give occasion for distrust of his impartiality.
“A classified employee shall not engage in any employment, activity or enterprise which has been determined to be inconsistent, incompatible, or in conflict with his duties as a classified employee or with the duties, functions or responsibilities of the Appointing Authority by which he is employed.
“Each Appointing Authority shall determine and prescribe those activities which, for employees under its jurisdiction, will be considered inconsistent, incompatible or in conflict with their duties as classified employees. In making this determination the Appointing Authority shall give consideration to employment, activity or enterprise which: (a) involves the use for private gain or advantage of state time, facilities, equipment and supplies; or, the badge, uniform, prestige or influence of one‘s state office of employment, or (b) involves receipt or acceptance by the classified employee of any money or other consideration from anyone, other than the State, for the performance of an act which the classified employee would be required or expected to render in the regular course or hours of his state employment or as a part of his duties as a state classified employee, or (c) involves the performance of an act in other than his capacity as a state classified employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by such classified employee or the agency by which he is employed.
“Each classified employee shall during his hours of duty and subject to such other laws, rules and regulations as pertain thereto, devote his full time, attention and efforts to his office or employment.”
“Any classified employee shall resign his position prior to filing as a candidate for public office, seeking or accepting nomination for election or appointment as an official of a political party, partisan political club or organization or serving as a member of a committee of any such group or organization.”
“Continued use or display of such political material shall be deemed willful intent to violate the provisions of
See also Niemotko v. Maryland, 340 U.S. 268, 285 (1951) (Frankfurter, J., concurring in the result in related case of Kunz v. New York, 340 U.S. 290 (1951)): “It is not for this Court to formulate with particularity the terms of a permit system which would satisfy the
In addition to the regulations promulgated by the State Personnel Board, the Court places some reliance on an interpretive circular issued by the Board and on certain opinions issued by the State Attorney General. Even assuming that these constructions should properly be considered in gauging the reach of the Act, they offer little real guidance to the meaning of the terms. The circular, for example, states that “The right to express political opinions is reserved to all such persons. Note: This reservation is subject to the prohibition that such persons may not take active part in political management or in political campaigns.” See ante, at 617 n. 15. The second half of that statement merely restates the provision of the Act. The first half can hardly be said to convey any fixed meaning. In fact, given the statement in the Act that the right to make a private expression of political views is protected, an employee might reasonably interpret the circular to mean that “The right to express political opinions is reserved to all such persons, provided that such expression is not made in public.” Similarly, the Court makes reference to an Opinion of the Attorney General holding, “in plain terms,” ante, at 617, that the Act applies only to “clearly partisan political activity.” I am at a loss to see how these statements offer any clarification of the provisions of the Act.
Raines concerned a prosecution under
See also Kunz v. New York, 340 U.S. 290 (1951); Aptheker v. Secretary of State, 378 U.S. 500 (1964); Terminiello v. Chicago, 337 U.S. 1 (1949).
The Court has applied overbreadth review to many other statutes that assertedly had a “chilling effect” on protected conduct, rather than on “pure speech.” See, e. g., United States v. Robel, 389 U.S. 258 (1967); Aptheker v. Secretary of State, supra; Thornhill v. Alabama, 310 U.S. 88 (1940). In none of these cases, or others involving conduct rather than speech, did the Court suggest that a defendant would lack standing to raise the overbreadth claim if his conduct could be proscribed by a narrowly drawn statute.