Restricting Symbolic
Expression: The O’Brien Test
z Govt. regulation of symbolic speech is
justified if:
y it is within the constitutional power of govt.
y if it furthers an important or substantial govt.
interest
y if the govt. interest is unrelated to the
suppression of the free expression
y if the incidental restriction on the alleged
First Amendment freedom is no greater than
essential to the furtherance of that interest