The clear and present danger test was invoked by the majority in the 1940 Thornhill v. Alabama decision in which a state anti-picketing law was invalidated.[1][114] Although the Court referred to the clear and present danger test in a few decisions following Thornhill,[115] the bad tendency test was not explicitly overruled,[105] and the clear and present danger test was not applied in several subsequent free speech cases involving incitment to violence.[116]