 The Supreme Court was , in one historian 's words , " bitterly divided " on the First Amendment issues presented by Dennis . Justices Hugo Black and William O. Douglas dissented from the majority opinion . In his dissent , Black wrote " public opinion being what it now is , few will protest the conviction of these Communist petitioners . There is hope , however , that , in calmer times , when present pressures , passions and fears subside , this or some later Court will restore the First Amendment liberties to the high preferred place where they belong in a free society . " Following the Dennis decision , the Court utilized balancing tests for free speech cases , and rarely invoked the clear and present danger test . 
