An old existing explanation called “bad tendency” was the only precedent for prosecuting cases, which compromised the given freedoms of speech and press. This idea of “bad tendency” came from English common law that even justified American ideas like the Sedition Act if 1798. No definite injury needs to be shown to prove this theory. The actual “bad tendency” terms are as follows:

“If words have a tendency to undermine the authority of government to corrupt the morals of some members of society, the writer or speaker can be punished.” (Holsinger & Dilts – 49).

Under this precedent there was almost always a conviction since only a propensity towards harm can prov

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