Brandenburg v. Ohio · ¶30

Judge Learned Hand, who wrote for the Court of Appeals in affirming the judgment in Dennis, coined the “not improbable” test, 183 F. 2d 201, 214, which this Court adopted and which Judge Hand preferred over the “clear and present danger” test. Indeed, in his book, The Bill of Rights 59 (1958), in referring to Holmes’ creation of the “clear and present danger” test, he said, “I cannot help thinking that for once Homer nodded.”

U. S. Reports, bound volume
U. S. Reports, volume 395, at 444 (Library of Congress) · transcription: Caselaw Access Project
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