United States v.
O’Brien - The O'Brien
test is used to analyze content-neutral regulations that impose
incidental burdens on speech. It is used in Canady v. Bossier
Parish School Board in the Seventh Edition on page 461 and in the
Eighth Edition on page 452 although it is not referred to by
name in the case. The test is a version of intermediate scrutiny.
To satisfy the test, the government must show that:
(1) the regulation furthers an important government interest;
(2) the interest is unrelated to an effort to suppress expression; and
(3) the regulation is narrowly tailored to achieve the important