Oklahoma Constitutional Law Attorney
Oklahoma City, Norman, and the Metro
The unfortunate truth is that the laws are sometimes in conflict, and that laws may be void, but still on the books. When a person is criminally charged, the laws under which they are charged may be unconstitutional and unenforceable. Here in Oklahoma, there are entire sections of the criminal code that are arguably unconstitutional because they conflict with Federal Supreme Court case law, the Federal Constitution, or the Oklahoma Constitution itself. Examples of potentially unconstitutional Oklahoma laws include:
- 21 O.S. §374, Display of Red Flag or Emblem of Disloyalty; see generally Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931) and Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969).
- 21 O.S. §§ 861-862, Procuring, Submitting to, or Soliciting [an] Abortion; see generally Roe v. Wade, 410 US 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).
- 21 O.S. §§ 871-872, Adultery; see generally Lawrence v. Texas, 539 US 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508.
- 21 O.S. §886, Crime Against Nature; see generally Lawrence v. Texas, Id.
- 21. O.S. §§ 901-906, Blasphemy, Profane Swearing, and Obscene Language in [a] Public Place; see generally the 1st Amendment to the Federal Constitution and §22 of the Oklahoma Constitution.
- 21 O.S. §§ 1261-1264, Criminal Syndicalism & Sabotage; see generally Brandenburg v. Ohio, Id.
As these laws are still floating around, it takes an attorney who is familiar with both the Oklahoma and Federal Constitutions to ensure that your rights are protected.
While the Oklahoma Legislature is entrusted with the safekeeping of our Laws, they have not required a thorough revision of the criminal code, Title 21, in some time. Many arguably unconstitutional laws are still on the books.