NAACP v. O’Connor

ICAP successfully represented the Oklahoma State Conference of the NAACP in a challenge to an Oklahoma anti-protest law enacted in 2021. ICAP argued that the law’s vague and overbroad language failed to provide adequate notice of prohibited conduct and had an unconstitutional “chilling effect” on peaceful demonstrations and racial justice advocacy. The state court issued an opinion in August 2022 that significantly narrowed the law’s scope. The court ruled that the traffic-obstruction penalties apply only to those participating in an actual “riot” and that organizations can only be held liable if they specifically conspire to commit crimes like “unlawful assembly.” This judicial narrowing stripped the law of its most dangerous ambiguities, ensuring that organizations like the NAACP can continue to organize peaceful protests without the threat of criminal penalties.