Bad tendency
In
socialist views. Holmes dissented in Abrams, explaining how the clear and present danger test should be employed to overturn Abrams' conviction. The re-emergence of the bad tendency test resulted in a string of cases after Abrams employing that test, including Whitney v. California (1927), where a woman was convicted simply because of her association with the Communist Party. The court ruled unanimously that although she had not committed any crimes, her relationship with the Communists represented a "bad tendency" and thus was unprotected. The "bad tendency" test was finally overturned in Brandenburg v. Ohio (1969) and was replaced by the "imminent lawless action
" test.
See also
References
- ^ Gibson, Tobias T. (January 10, 2024). "Bad Tendency Test". Free Speech Center at Middle Tennessee State University. Archived from the original on February 2, 2024. Retrieved February 2, 2024.
- First Amendment Topics – First Amendment Center
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