broadrick oklahoma argued march decided june appellants state employees charged oklahoma state personnel board actively engaging partisan political activities including solicitation money among coworkers benefit superior alleged violation state merit system act brought suit challenging act validity grounds two paragraphs invalid overbreadth vagueness one paragraph provides classified service employee shall directly indirectly solicit receive manner concerned soliciting receiving assessment contribution political organization candidacy political purpose provides employee shall belong national state local committee political party officer member committee partisan political club candidate paid public office take part management affairs political party campaign except exercise right citizen privately express opinion vote district upheld provisions held section oklahoma statute unconstitutional face csc letter carriers ante pp statute gives adequate warning activities proscribes sets forth explicit standards must apply impermissibly vague pp although appellants contend statute reaches activities constitutionally protected well clearly constitutional applied conduct charged substantially overbroad challenge statute ground might applied unconstitutionally others situations appellants conduct falls squarely within proscriptions deals activities state ample power regulate public workers mitchell csc letter carriers supra operation statute administratively confined clearly partisan political activity pp white delivered opinion burger blackmun powell rehnquist joined douglas filed dissenting opinion post brennan filed dissenting opinion stewart marshall joined post john buckingham argued cause appellants briefs terry shipley mike martin assistant attorney general oklahoma argued cause appellees brief larry derryberry attorney general paul duncan assistant attorney general justice white delivered opinion section oklahoma merit system personnel administration act stat tit et restricts political activities state classified civil servants much manner hatch act proscribes partisan political activities federal employees three employees oklahoma corporation commission subject proscriptions seek two paragraphs declared unconstitutional face enjoined asserted vagueness overbreadth hearing district upheld provisions denied relief supp noted probable jurisdiction appeal appellants claims considered together federal counterparts csc letter carriers ante affirm judgment district section enacted state first established merit system personnel administration section serves roughly function analogous provisions patterned hatch act without question broad range political activities conduct proscribed section paragraph six one contested portions provides employee classified service shall directly indirectly solicit receive manner concerned soliciting receiving assessment contribution political organization candidacy political purpose paragraph seven challenged paragraph provides employee shall member national state local committee political party officer member committee partisan political club candidate nomination election paid public office paragraph prohibits employees tak ing part management affairs political party political campaign except exercise right citizen privately express opinion cast vote complementary proscription challenged lawsuit first paragraph prohibits person way favored discriminated respect employment classified service political opinions affiliations responsibility maintaining enforcing proscriptions vested state personnel board state personnel director appointed board violation results dismissal employment possible criminal sanctions limited state employment ineligibility stat tit appellants question oklahoma right place restrictions partisan political conduct state employees appellants freely concede restrictions serve valid important state interests particularly respect attracting greater numbers qualified people insuring job security free vicissitudes elective process protecting political extortion see public workers mitchell rather appellants maintain however permissible even commendable goals may language unconstitutionally vague prohibitions broad sweep failing distinguish conduct may proscribed conduct must permitted reasons appellants assert sixth seventh paragraphs void toto enforced anyone else held today hatch act impermissibly vague csc letter carriers ante little doubt similarly vague men common intelligence must necessarily guess meaning connally general construction see grayned city rockford colten kentucky cameron johnson whatever problems frivolous suggest section fails give adequate warning activities proscribes fails set explicit standards must apply grayned city rockford supra plainest language prohibits state classified employee officer member partisan political club candidate paid public office forbids solicitation contributions political organization candidacy political purpose taking part management affairs political party political campaign words inevitably contain germs uncertainty hatch act may disputes meaning terms partisan take part affairs political parties said letter carriers ante applicable limitations english language respect specific manageably brief seems us although prohibitions may satisfy intent finding fault cost set terms ordinary person exercising ordinary common sense sufficiently understand comply without sacrifice public interest moreover even outermost boundaries may imprecise uncertainty little relevance appellants conduct falls squarely within hard core statute proscriptions appellants concede much see dombrowski pfister national dairy products williams robinson wurzbach shortly appellants commenced action district charged state personnel board patent violations according board charges appellants actively participated campaign corporation commissioner appellants superior three allegedly asked corporation commission employees individually groups campaign work give referrals persons might help campaign requests made district offices commission oil gas conservation division two appellants charged soliciting money campaign commission employees one also charged receiving distributing campaign posters bulk context type obviously covered conduct statement justice holmes particularly appropriate difficulty time enough consider raised someone concerns wurzbach supra appellants assert construed applying allegedly protected political expression wearing political buttons displaying bumper stickers appellants engage activity charged actively engaging partisan political activities including solicitation money among coworkers benefit superior appellants concede correctly see letter carriers supra constitutional applied type conduct nevertheless maintain statute overbroad purports reach protected well unprotected conduct must therefore struck face held incapable constitutional application believe overbreadth doctrine may appropriately invoked manner embedded traditional rules governing constitutional adjudication principle person statute may constitutionally applied heard challenge statute ground may conceivably applied unconstitutionally others situations see austin aldermen wall supervisors stanley hatch reardon yazoo jackson vinegar wurzbach supra carmichael southern coal coke raines closely related principle constitutional rights personal may asserted vicariously see mcgowan maryland principles rest fussiness judges reflect conviction constitutional system courts roving commissions assigned pass judgment validity nation laws see younger harris constitutional judgments chief justice marshall recognized justified necessity adjudicating rights particular cases litigants brought law opposition constitution law constitution apply particular case must either decide case conformably law disregarding constitution conformably constitution disregarding law must determine conflicting rules governs case essence judicial duty marbury madison cranch long recognized first amendment needs breathing space statutes attempting restrict burden exercise first amendment rights must narrowly drawn represent considered legislative judgment particular mode expression give way compelling needs society herndon lowry shelton tucker grayned city rockford corollary altered traditional rules standing permit first amendment area attacks overly broad statutes requirement person making attack demonstrate conduct regulated statute drawn requisite narrow specificity dombrowski pfister litigants therefore permitted challenge statute right free expression violated judicial prediction assumption statute existence may cause others refrain constitutionally protected speech expression claims facial overbreadth entertained cases involving statutes terms seek regulate spoken words gooding wilson see cohen california street new york brandenburg ohio chaplinsky new hampshire cases judgment possible harm society permitting unprotected speech go unpunished outweighed possibility protected speech others may muted perceived grievances left fester possible inhibitory effects overly broad statutes overbreadth attacks also allowed thought rights association ensnared statutes broad sweep might result burdening innocent associations see keyishian board regents robel aptheker secretary state shelton tucker supra facial overbreadth claims also entertained statutes terms purport regulate time place manner expressive communicative conduct see grayned city rockford supra cameron johnson zwickler koota thornhill alabama conduct required official approval laws delegated standardless discretionary power local functionaries resulting virtually unreviewable prior restraints first amendment rights see shuttlesworth birmingham cox louisiana kunz new york lovell griffin consequence departure traditional rules standing first amendment area enforcement statute thus placed issue totally forbidden unless limiting construction partial invalidation narrows remove seeming threat deterrence constitutionally protected expression application overbreadth doctrine manner manifestly strong medicine employed sparingly last resort facial overbreadth invoked limiting construction placed challenged statute see dombrowski pfister cox new hampshire photographs cf breard alexandria equally important overbreadth claims entertained curtailed invoked ordinary criminal laws sought applied protected conduct cantwell connecticut jesse cantwell jehovah witness convicted breach peace playing phonograph record attacking catholic church two catholic men new street reversed judgment affirming cantwell conviction ground conduct considered light constitutional guarantees punished common law offense question omitted hold offense known breach peace must fall toto capable unconstitutional applications fact seemingly envisioned continued use great variety conduct destroying menacing public order tranquility see garner louisiana harlan concurring judgment similarly reviewing statutory convictions involved edwards south carolina cox louisiana supra considered detail state evidence case concluded conduct issue punished statute basis judgments affirming convictions reversed see also teamsters union vogt additionally overbreadth scrutiny generally somewhat less rigid context statutes regulating conduct shadow first amendment neutral noncensorial manner see harriss cio cf red lion broadcasting fcc pickering board education eastern railroad conference noerr motor freight remains matter little difficulty determine law may properly held void face summary action inappropriate coates city cincinnati opinion black plain import cases least facial overbreadth adjudication exception traditional rules practice function limited one outset attenuates otherwise unprotected behavior forbids state sanction moves pure speech toward conduct conduct even expressive falls within scope otherwise valid criminal laws reflect legitimate state interests maintaining comprehensive controls harmful constitutionally unprotected conduct although laws broadly worded may deter protected speech unknown extent comes point effect best prediction confidence justify invalidating statute face prohibiting state enforcing statute conduct admittedly within power proscribe cf alderman put matter another way particularly conduct merely speech involved believe overbreadth statute must real substantial well judged relation statute plainly legitimate sweep view substantially overbroad whatever overbreadth may exist cured analysis fact situations sanctions assertedly may applied unlike ordinary statutes broad regulatory acts directed terms political expression engaged private persons plainly protected first fourteenth amendments time censorial statute directed particular groups viewpoints cf keyishian board regents supra statute rather seeks regulate political activity neutral manner indicated statutes past subject less exacting overbreadth scrutiny moreover fact remains regulates substantial spectrum conduct manifestly subject state regulation public peace criminal trespass much established public workers mitchell unhesitatingly reaffirmed today letter carriers supra decision letter carriers question valid least insofar forbids classified employees soliciting contributions partisan candidates political parties partisan political purposes becoming members national state local committees political parties officers committee members partisan political clubs candidates paid public office taking part management affairs political party partisan political campaign serving delegates alternates caucuses conventions political parties addressing taking active part partisan political rallies meetings soliciting votes assisting voters polls helping partisan effort get voters polls participating distribution partisan campaign literature initiating circulating partisan nominating petitions riding caravans political party partisan political candidate proscriptions taken directly contested paragraphs rules state personnel board interpretive circular authoritative opinions state attorney general without question conduct appellants charged falls squarely within proscriptions appellants assert goes much farther prohibitions according appellants statute prohibitions tied tightly enough partisan political conduct impermissibly relegate employees expressing political views privately state personnel board however construed explicit approval private political expression include virtually expression within context active partisan political campaigning state attorney general plain terms interpreted prohibiting clearly partisan political activity surely expected ignore authoritative pronouncements determining breadth statute law students research council wadmond appellants point board interpretive rules purporting restrict allegedly protected activities wearing political buttons use bumper stickers may restrictions impermissible may susceptible improper applications presently construed believe must discarded toto persons arguably protected conduct may may caught chilled statute section substantially overbroad therefore unconstitutional face judgment district affirmed ordered footnotes see code tit alaska stat rev stat ann merit system regulations merit system board procedures ark stat ann cal govt code supp rev stat ann civil service rules regulations art xiv stat rev supp regulations civil service concerning employees state classified service del code tit stat ann ga merit system personnel administration rules regulations rule hawaii rev stat idaho code rev ind ann stat iowa code ann supp stat ann rev stat ann la art rev stat tit md merit system rules agencies mass laws supp rules civil service stat ann miss merit system rules dept public welfare art xvi mo ann stat mont rev codes ann neb rev stat neb joint merit system regulations merit system art xvi rules state personnel administration rules xvi xiii rev stat ann stat ann stat ann supp civ serv law stat supp rules regulations merit systems art xvi ohio rev code ann rev stat stat tit supp laws ann merit system rules regulations civil defense council art xiv merit system regulations art xvi code ann supp rules regulations administering civil service act tex penal code arts utah code ann rules regulations personnel administration supp rules administration va personnel act rule rev code ann code ann stat ann wyo rev rules regulations rule xiii compilation state rules regulations see commission political activity government personnel research et seq see generally csc letter carriers ante brief appellants appellants also claim violates equal protection clause fourteenth amendment singling classified service employees restrictions partisan political expression leaving unclassified personnel free restrictions contention somewhat odd context appellants principal claim reaches far rather far enough event legislature must leeway determining employment positions require restrictions partisan political activities may left unregulated see mcgowan maryland state hardly faulted attempting limit positions upon restrictions placed sixth seventh paragraphs issue lawsuit hereinafter references understood limited paragraphs unless indicate contrary significant respect note create regulatory maze uncertain may become hopelessly lost see keyishian board regents rather state personnel board available rule advance permissibility particular conduct explicit standards set see tr rec see csc letter carriers ante tr oral arg district initially requested parties brief question whether appellants required complete board proceedings prior bringing action board however appellants application ordered proceedings stayed pending adjudication federal constitutional questions district advised board decision absence objections appellees district proceeded record need consider whether appellants required proceed hearing board prior pursuing action cf gibson berryhill hart wechsler federal courts federal system ed state personnel board interpreted see merit system personnel administration rules board official circular tr rec tr oral arg see generally hart wechsler supra sedler standing assert constitutional jus tertii yale note first amendment overbreadth doctrine harv rev edwards cox end discussions also noted statutes facially unconstitutional overbreadth see cox termed discussion additional reason reversal additional holdings unnecessary dispositions cases much one member relied cox additional holding brown louisiana involved convictions statute see brennan concurring judgment brother brennan asserts sense requirement substantial overbreadth already implicit doctrine post welcome observation perhaps reduces differences differing views whether oklahoma statute substantially overbroad dissent also insists coates city cincinnati must taken overruled unpersuaded coates stands barrier rule invalidate statutes overbreadth flaw substantial concern context statute whole judgment oklahoma statute authoritative administrative constructions accepted invalid rule board interpretive circular tr rec right express political opinions reserved persons note reservation subject prohibition persons may take active part political management political campaigns op atty district similarly interpreted intending permit public expressions political opinion long employee channel activity towards party success supp although interpretation obviously binding state authorities see photographs federal must determine state statute means judge facial constitutionality justice douglas dissenting case view governed considerations set forth dissent letter carriers case ante section par oklahoma act employee classified service shall member national state local committee political party officer member committee partisan political club candidate nomination election paid public office shall take part management affairs political party political campaign except exercise right citizen privately express opinion cast vote emphasis supplied problem concerns commerce first amendment first amendment goes protecting person privately expressing opinion public well private discourse included emphasis par private expression views tolerated emphasizes public expression tolerated see government deprive employees right speak write assemble petition office closed employee home public discussion local state national international affairs grist first amendment mill decisions emphasize free debate uninhibited discussion robust controversy multitude tongues pressure ideas clear across spectrum set pattern first amendment freedoms emphasized new york times sullivan neither injury official reputation factual error justified repression speech demands free speech lowered barriers libel actions charges official misconduct improprieties first amendment rights indeed fundamental people sovereigns sit seats mighty voice people ultimately say fence group bar public dialogue public interest loser tied federal regime either direct employment state projects federally financed amount five half million number included state employees added estimated million people scrubwomen janitors typists file clerks chauffeurs messengers nurses orderlies policemen policewomen night watchmen telephone elevator operators well kind administrative executive judicial work activities touch first amendment rights banned illegal election procedures wiretapping burglary mailing politically salacious letters beyond pale first amendment however concerns variety activities deep tradition forming ad hoc committees lobby measures council legislative body organizing protective associations protect lakes rivers islands wilderness neighborhood preparing circulating petitions signatures support legislative reforms making protest marches picketing statehouse public cause well debate passing campaign literature watching polls making radio tv appearances addressing rallies parks auditoriums part intense process mobilizing people specific measures shaping public opinion getting rather elected bureaucracy alert vigilant alive efficient one quiet submissive first amendment makes alert vigilant alive suppression first amendment rights creates faceless nameless bureaucrats inert localities submissive master voice high values ride today decision case letter carriers allow bureaucracy state federal government deprived first amendment rights exercise certainly important public sector private sector work government constitutional rights far first amendment goes keep plane people reverse judgment statistical abstract pp justice brennan justice stewart justice marshall join dissenting whatever one view desirability constitutionality legislative efforts restrict political activities government employees one must regard today decision upholding oklahoma merit system personnel administration act wholly unjustified retreat fundamental previously first fourteenth amendment principles purposes decision assumes perhaps even concedes statute issue sweeps broadly barring speech conduct constitutionally protected even standards announced public workers mitchell reiterated today csc letter carriers ante nevertheless rejects appellants contention statute unconstitutional face reasoning conduct merely speech involved overbreadth statute must real substantial well judged relation statute plainly legitimate sweep view substantially overbroad whatever overbreadth may exist cured analysis fact situations sanctions assertedly may applied ante conclusion finds support previous decisions effectively overrules decision two terms ago coates city cincinnati remain convinced coates correctly decided must therefore respectfully dissent employees corporation commission state oklahoma state agency appellants subject provisions state merit act act designates certain state agencies including corporation commission barred dismissing suspending classified employees political reasons time act authorizes state personnel board dismiss suspend classified employee engages certain prohibited political activity although specifically protecting employee right citizen privately express opinion cast vote act bars fund raising political purpose membership national state local committee political party political club candidacy public office participation management affairs political party political campaign result appellants alleged participation campaign corporation commissioner ray jones state personnel board formally charged appellants violations act appellants brought action federal district western district oklahoma seeking injunction enforcement act district rejected appellants contentions act unconstitutionally vague overbroad today affirms determination appellants claims course similar vagueness overbreadth contentions rejected today upholding hatch act see letter carriers supra decision whether correct means controlling questions us certain fundamental differences hatch act oklahoma merit act outset made clear section hatch act provides federal government employee may use official authority influence purpose interfering affecting result election take active part political management political campaigns although recognizing meaning act critical phrase active part political management political campaigns hardly free ambiguity concluded terms defined reference complex network civil service commission regulations developed many years comprehensively restated see cfr regulations make clear among rights retained federal employee notwithstanding arguably contrary language statute rights xpress opinion individual privately publicly political subjects candidates isplay political picture sticker badge button member political party political organization ake financial contribution political party organization cfr contrast critical phrase oklahoma act employee shall take part management affairs political party political campaign left almost wholly undefined act specifically declare employees right express views privately nowhere defines terms take part management affairs reservation right express one views private moreover thought mean public expression views forbidden course oklahoma act like federal counterpart viewed conjunction applicable administrative regulations marked contrast elaborate set regulations purporting define prohibitions hatch act pertinent regulations state personnel board scant five rules shed light intended reach statute two rules merely recite language act third offers specific guidance general exhortation classified employee shall pursue common good impartial act neither endanger impartiality give occasion distrust impartiality fourth provides classified employee must resign position prior filing candidate public office seeking accepting nomination election appointment official political party merely tracking language act fifth rule far clarifying limiting scope act provides major thrust appellants overbreadth contention rule declares employee classified service may wear political badge button similar partisan emblem may employee display partisan political sticker sign automobile operated control even concedes ban wearing buttons display bumper stickers may impermissible ante possible course inherent ambiguity oklahoma statute might cured judicial construction terms oklahoma never attempted construe act narrow apparent reach plainly undertake task gooding wilson photographs must assume therefore act subject whatever gloss provided administrative regulations capable applications prohibit speech conduct clearly protected first amendment even assumption statute regulatory aim permissible manner state power exercised one unduly infringes protected freedoms shelton tucker cantwell connecticut state failed words provide necessary sensitive tools carry separation legitimate illegitimate speech speiser randall see naacp button although expressly hold statute vague overbroad assume ban wearing badges buttons may impermissible also act may susceptible improper applications ante principles thought established beyond dispute assumption requires finding statute unconstitutional face ordinarily one application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional raines appellants apparently concede state prohibit conduct charged without infringing guarantees first amendment nevertheless repeatedly recognized transcendent value society constitutionally protected expression deemed justify allowing attacks overly broad statutes requirement person making attack demonstrate conduct regulated statute drawn requisite narrow specificity gooding wilson supra quoting dombrowski pfister adhered view guarantees first amendment delicate vulnerable well supremely precious society threat sanctions may deter exercise almost potently actual application sanctions cf smith california naacp button supra mere existence statute sweeps broadly areas protected first amendment results continuous pervasive restraint freedom discussion might reasonably regarded within purview regulations liberty free discussion concerned special reasons observing rule statute accusation evidence prescribes limits permissible conduct warns transgression thornhill alabama see note first amendment overbreadth doctrine harv rev although declines hold oklahoma act unconstitutional face expressly recognize overbreadth review necessary means preventing chilling effect protected expression nevertheless reasons function doctrine attenuates otherwise unprotected behavior forbids state sanction moves pure speech toward conduct conduct even expressive falls within scope otherwise valid criminal laws reflect legitimate state interests maintaining comprehensive controls harmful constitutionally unprotected conduct ante conduct involved statute overbreadth must henceforth substantial statute properly found invalid face accept validity analysis first place makes effort define means substantial overbreadth never held statute held invalid face merely possible conceive single impermissible application sense requirement substantial overbreadth already implicit doctrine cf note first amendment overbreadth doctrine supra whether means require different greater showing substantiality left obscure today opinion large part makes effort explain overbreadth oklahoma act real somehow quite substantial guidance provided conclusory assertion appellants showing falls line fundamentally offers rationale explain conclusion purposes overbreadth analysis deterrence conduct viewed differently deterrence speech even equally protected first amendment indeed case us hard know whether protected activity falling within act considered speech conduct case conclusion distinction drawn premise justice white dissenting opinion coates city cincinnati conclusion although squarely rejected coates adopted issue coates city ordinance making offense three persons assemble sidewalks conduct manner annoying persons passing doubt ordinance held unconstitutional face merely unconstitutional applied particular protected conduct expressly noted ordinance aimed directly activity protected constitution need lament us details conduct found annoying ordinance face sets standard conduct warns transgression details offense serve validate ordinance details offense charged ordinance suspending unconditionally right assembly free speech dissent justice white maintained since ordinance prohibited persons assembling conduct ing manner annoying persons deal cincinnati ordinance ordinary criminal statute ordinance clearly reaches certain conduct may illegally vague respect conduct statute infirm face since information record conduct charged defendants position judge statute applied ordinance may confer wide discretion wide range circumstances irrelevant may dealing conduct core thus coates stood today proposition statute unconstitutionally broad authorizes punishment constitutionally protected conduct must held invalid face whether person raising challenge prosecuted properly narrowed statute makes attempt distinguish coates implicitly conceding decision overruled stage obviously difficult estimate probable impact today decision requirement substantial overbreadth construed mean facial review inappropriate likelihood impermissible application statute small generate chilling effect protected speech conduct impact likely small hand today decision necessitates drawing artificial distinctions protected speech protected conduct chill protected conduct rarely ever found sufficient require facial invalidation overbroad statute effect grave indeed view principles set forth coates city cincinnati essential preservation enforcement first amendment guarantees since subsequent development persuaded principles coates incorrectly decided reverse judgment district strength decision hold oklahoma merit act unconstitutional face stat tit provides pertinent part employee classified service member personnel board shall directly indirectly solicit receive manner concerned soliciting receiving assessment subscription contribution political organization candidacy political purpose state officer state employee unclassified service shall solicit receive assessment subscription contribution employee classified service employee classified service shall member national state local committee political party officer member committee partisan political club candidate nomination election paid public office shall take part management affairs political party political campaign except exercise right citizen privately express opinion cast vote oklahoma merit system personnel administration rule provides employee classified service member personnel board shall directly indirectly solicit receive manner concerned soliciting receiving assessment subscription contribution political organization candidacy political purpose state officer state employee unclassified service shall solicit receive assessment subscription contribution employee classified service rule provides employee classified service shall member national state local committee political party officer member committee partisan political club candidate nomination election paid public office shall take part management affairs political party political campaign except exercise right citizen privately express opinion cast vote compare supra rule provides every classified employee shall fulfill best ability duties office sic position conferred upon shall prove behavior inside outside worth esteem office position requires official activities classified employee shall pursue common good impartial act neither endanger impartiality give occasion distrust impartiality classified employee shall engage employment activity enterprise determined inconsistent incompatible conflict duties classified employee duties functions responsibilities appointing authority employed appointing authority shall determine prescribe activities employees jurisdiction considered inconsistent incompatible conflict duties classified employees making determination appointing authority shall give consideration employment activity enterprise involves use private gain advantage state time facilities equipment supplies badge uniform prestige influence one state office employment involves receipt acceptance classified employee money consideration anyone state performance act classified employee required expected render regular course hours state employment part duties state classified employee involves performance act capacity state classified employee act may later subject directly indirectly control inspection review audit enforcement classified employee agency employed classified employee shall hours duty subject laws rules regulations pertain thereto devote full time attention efforts office employment rule provides classified employee shall resign position prior filing candidate public office seeking accepting nomination election appointment official political party partisan political club organization serving member committee group organization rule also provides continued use display political material shall deemed willful intent violate provisions relating prohibited political activities classified state employees shall subject employee dismissal pursuant said statute see also niemotko maryland frankfurter concurring result related case kunz new york formulate particularity terms permit system satisfy fourteenth amendment addition regulations promulgated state personnel board places reliance interpretive circular issued board certain opinions issued state attorney general even assuming constructions properly considered gauging reach act offer little real guidance meaning terms circular example right express political opinions reserved persons note reservation subject prohibition persons may take active part political management political campaigns see ante second half statement merely restates provision act first half hardly said convey fixed meaning fact given statement act right make private expression political views protected employee might reasonably interpret circular mean right express political opinions reserved persons provided expression made public similarly makes reference opinion attorney general holding plain terms ante act applies clearly partisan political activity loss see statements offer clarification provisions act raines concerned prosecution civil rights act charging defendants capacity state officials discriminated blacks desired register vote defendants conduct plainly fell within permissible reach statute importantly even suggested statute might conceivably used punish exercise first amendment rights stating general rule defendant normally may assert constitutional rights person party raines specifically recognize rule suspended cases application inhibitory effect freedom speech cf national dairy yazoo jackson vinegar see also kunz new york aptheker secretary state terminiello chicago applied overbreadth review many statutes assertedly chilling effect protected conduct rather pure speech see robel aptheker secretary state supra thornhill alabama none cases others involving conduct rather speech suggest defendant lack standing raise overbreadth claim conduct proscribed narrowly drawn statute