O’Brien Test (a form of intermediate scrutiny) (adopted
by Supreme Court in a case involving the burning of a draft card as a
protest against the Vietnam War)
When speech and non-speech elements combine in the same course of
conduct, the government can regulate the conduct if the regulation:
(1) furthers an important government interest;
(2) the interest is unrelated to the suppression of free expression; and
(3) is narrowly tailored to further the government’s interest (not the
least restrictive means).