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United States symbolic speechcontent neutral regulation

United States v. O'Brien

391 U.S. 367 (1968)
JurisdictionUnited States
CourtSupreme Court of the United States
Year1968
StatusBinding authority

Key Principle

When speech and nonspeech elements are combined in the same course of conduct, a government regulation of the nonspeech element is sufficiently justified, despite an incidental burden on expression, if it is within the constitutional power of the Government, furthers an important or substantial governmental interest unrelated to the suppression of free expression, and the incidental restriction on First Amendment freedoms is no greater than essential to that interest.

Area of Law

General

Related Cases

Klein v. Martin 607 U. S. 213 (2026)
Ellingburg v. United States 607 U.S. ___ (2026)
Inc. v. Palmquist 607 U.S. 421 (2026)

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