CLEAR AND PRESENT DANGER

Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

The test was replaced in 1969 with Brandenburg v. Ohio's "imminent lawless action" test.

BRANDENBURG v OHIO

For two decades after the Dennis decision, free speech issues related to advocacy of violence were decided using balancing tests such as the one initially articulated in Dennis. In 1969, the court established stronger protections for speech in the landmark case Brandenburg v. Ohio, which held that "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action".

Brandenburg is now the standard applied by the Court to free speech issues related to advocacy of violence.

https://en.wikipedia.org/wiki/Clear_and_present_danger