The "O'Brien Test" for "Incidental" Regulation of Speech (regulation affecting both conduct and speech)
1. To be upheld, the law must further an important governmental interest.
2. To be upheld, the important interest must be unrelated to the suppression of a message.
3. To be upheld, the law must be narrowly drawn to not restrict more speech than necessary to serve the governmental interest.
4. The speaker must be left with ample alternative means to effectively communicate his or her message.