Freedom Of Speech How Government Restricts Speech - Constitutional Law

It is not about the effect on the immediate listener or their reaction to the speech- it is futher down the line

It is w/in the const. power of gov

It furthers an important or subst. intst

If the gov. interest is unrelated to the suppression of free expression; AND

If related to suppression of FREE PROTECTED expression then get Strict Scrutiny (unless unprotected speech)

If the incidental restriction on alleged 1^st amend expression is no greater than is essential to the furtherance of that interest (not LRMs)

An intent to convey a particularized message was present (trying say something by my conduct, an audience involved)

Likelihood that the message would be understood by those who viewed it

Preventing breach of peace (absurd, nothing happened)

Preserving the Flag as a symbol of nationhood & national unity

So this is obviously an interest which is related to expression & so fail 2^nd prong of Obrien and get SS

“marketplace of ideas”: you can question the national unity, it’s a part of the freedom which the flag symbolizes.

But here it extended the law beyond nudity-as applied it was directed as expressive conduct (since required pasties & g-strings)

Legislative history showed aimed at morality