<P> Brandeis and Holmes again promoted the clear and present danger test, this time in a concurring opinion in 1927's Whitney v. California decision . The majority did not adopt or use the clear and present danger test, but the concurring opinion encouraged the Court to support greater protections for speech, and it suggested that "imminent danger"--a more restrictive wording than "present danger"--should be required before speech can be outlawed . After Whitney, the bad tendency test continued to be used by the Court in cases such 1931's Stromberg v. California, which held that a 1919 California statute banning red flags was unconstitutional . </P> <P> The clear and present danger test was invoked by the majority in the 1940 Thornhill v. Alabama decision in which a state antipicketing law was invalidated . Although the Court referred to the clear and present danger test in a few decisions following Thornhill, the bad tendency test was not explicitly overruled, and the clear and present danger test was not applied in several subsequent free speech cases involving incitement to violence . </P> <P> 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 . 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 . </P> <P> The defendants appealed the Second Circuit's decision to the Supreme Court in Dennis v. United States . The 6--2 decision was issued on June 4, 1951, and upheld Hand's decision . Chief Justice Fred Vinson's opinion stated that the First Amendment does not require that the government must wait "until the putsch is about to be executed, the plans have been laid and the signal is awaited" before it interrupts seditious plots . In his opinion, Vinson endorsed the balancing approach used by Judge Hand: </P>

When was the clear and present danger test replaced