.    Brandeis’ formulation of the “Clear and Present Danger” test requires not only imminence, but a danger that is serious.  His definition of “imminence” is also stronger than Holmes’ formulation of the “Clear and Present Danger” test in Abrams because it suggests that speech must immediately incite dangerous action.

b.    Like Learned Hand, Brandeis does not think a “Bad Tendency” test
alone is sufficient.  He feels like it stifles too much speech.