O’Brien Test

When speech and non-speech elements combine in the same course of conduct, the government can regulate the conduct if the regulation:

(1) is within the constitutional power of government;
(2) it furthers an important or substantial governmental interest;
(2) the governmental interest is unrelated to the suppression of free expression; and
(3) the incidental restriction on the First Amendment is no greater than essential to the furtherance of the government's interest.