The clear and present danger tests was consider one of the great contributions of Oliver Wendell Holmes to modern constitutional law. The change from this test was the consequence of Justice Brennan's redraft of the original opinion, although his name does not appear in the public report of the case. Although the Brennan made few alterations in the decision, they had a major impact. If Fortas's draft had been issued as the Court's opinion, Brandenburg would have considered a case virtually reaffirming the clear and resent danger test. Brennan's redraft made two crucial changes that virtually eliminated the test as the standard in First Amendment cases. He eliminated the positive reference to the Holmes-Brandeis reaffirmation of the clear and present danger test and changed Fortas's statement of the governing test, producing a test more protective of speech than the clear and present danger test. Thus, the Brandenburg decision expanded First Amendment protection of speech advocating unlawful action. Footnotes