@badger33 The specific case (Schenck) that Oliver Wendell Holmes wrote that for was indeed superseded. But the principle that speech inciting lawless action is not protected has persisted. It's just refined. I believe that's why the Patriot Act can cause someone to be prosecuted for simply advocating for a terrorist organization--because the speech presumably acts in aid of inciting actions that are illegal. But the phrase is recognized by almost everyone, so I'm going to continue to use it!