Created the bad tendency test, which permitted restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. (Overruled by Schenck v. United States (1919)) Decided April 15, 1907 (argued March 5, 1907). Opinion of the Court: Oliver Wendell Holmes → go there Dissenting: Brewer, Harlan. Applied: the First Amendment → go there Topic: Freedom of speech and of the press. Patterson v. Colorado, 205 U.S. 454 (1907), was a First Amendment case. Before 1919, the primary legal test used in the United States to determine if speech could be criminalized was the bad tendency test. Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare. One of the earliest cases the Supreme Court heard addressing punishment after material was published was 1907's Patterson v. Colorado in which the Court used the bad tendency test to uphold contempt charges against a newspaper publisher who accused Colorado judges of acting on behalf of local utility companies. Wiki link