In "Schenck v. United States" the Court had adopted a "clear and present danger" test that "Whitney v. California" subsequently expanded to a "bad tendency" test: if speech has a "tendency" to cause sedition or lawlessness, it may constitutionally be prohibited. "Dennis v. United States", a case dealing with prosecution of alleged Communists under the Smith Act for advocating the overthrow of the government, used the clear and present danger test while still upholding the defendants' convictions for acts that could not possibly have led to a speedy overthrow of the government.