What is the test for whether a person's facial expression is expressive enough to trigger First Amendment analysis?

The correct test for whether conduct is expressive enough to implicate the First Amendment looks at the circumstances surrounding the conduct. See, e.g., id. at 15, 91 S.Ct. at 1783. Conduct triggers the First Amendment when the actor intends to convey a particularized message, and the likelihood is great under the circumstances that the message will be understood by those who view it. Spence v. Washington, 418 U.S. 405, 410-11, 94 S.Ct. 2727, 2730, 41 L.Ed.2d 842 (1974). Conduct needs only a "significant expressive element" or "at least the semblance of expressive activity" to invoke First Amendment analysis. Arcara, 478 U.S. at 702, 706, 106 S.Ct. at 3175, 3177. Thus, "[t]he fact that sitting can possibly be expressive," Roulette, 78 F.3d at 1427, is enough to trigger First Amendment facial overbreadth analysis. Even conduct that is "[not] necessarily expressive ... [nor] ordinarily expressive" cannot be summarily dismissed as insufficiently expressive to trigger

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