The imminence element was a departure from earlier rulings. "Brandenburg" did not explicitly overrule the bad tendency test, but it appears that after "Brandenburg", the test is de facto overruled. The "Brandenburg" test effectively made the time element of the clear and present danger test more defined and more rigorous. Applying the "Brandenburg" test in "Hess v. Indiana" (1973) the Supreme Court held that the prerequisite for speech which is not protected by the First Amendment is that the speech in question must lead to “imminent disorder”.