<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> 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>
when was the clear and present danger test replaced
when was the clear and present danger test replaced
May 1950
May 1950