The court reversed Hest Technologies, Inc. v. North Carolina, 219 N.C. App. 308 (Mar. 6, 2012), and held that G.S. 14-306.4 does not violate the First Amendment because it regulates conduct, not protected speech. The court also concluded that even if the statute incidentally burdens speech, it passes muster under the test of United States v. O’Brien and that the statute was not overbroad.