<P> The demands of free speech in a democratic society as well as the interest in national security are better served by candid and informed weighing of the competing interests, within the confines of the judicial process . </P> <P> In Yates v. United States (1957), the Supreme Court limited the Smith Act prosecutions to "advocacy of action" rather than "advocacy in the realm of ideas". Advocacy of abstract doctrine remained protected while speech explicitly inciting the forcible overthrow of the government was punishable under the Smith Act . </P> <P> During the Vietnam War, the Court's position on public criticism of the government changed drastically . Though the Court upheld a law prohibiting the forgery, mutilation, or destruction of draft cards in United States v. O'Brien (1968), fearing that burning draft cards would interfere with the "smooth and efficient functioning" of the draft system, the next year, the court handed down its decision in Brandenburg v. Ohio (1969), expressly overruling Whitney v. California . Now the Supreme Court referred to the right to speak openly of violent action and revolution in broad terms: </P> <P> (Our) decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action . </P>

Who came up with the idea for the first amendment