Speech incidental to conduct

Definition

A legal doctrine holding that when speech is merely a secondary part of regulated non-speech activity (conduct), the government can regulate it without triggering full First Amendment scrutiny. The key question is whether there is separate non-speech conduct being regulated.

Examples

• •Colorado argued therapy is regulated conduct and speech is just the tool used to deliver it, like a scalpel in surgery. Petitioner countered that where treatment consists only of speech, the doctrine does not apply.

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