when was the clear and present danger test replaced
Clear and present danger In May 1950, one month before the appeals court heard oral arguments in the Dennis v. United States case, the Supreme Court ruled on free speech issues in American Communications Association v. Douds. In that case, the Court considered the clear and present danger test, but rejected it as too mechanical and instead introduced a balancing test.[19] The federal appeals court heard oral arguments in the CPUSA case on June 21–23, 1950. Judge Learned Hand considered the clear and present danger test, but his opinion adopted a balancing approach similar to that suggested in American Communications Association v. Douds.[5][20]