Oliver Wendell Holmes made that remark as " Dictum" or "Obiter Dictum", not "Ratio Decidendi" in "Schenck v's USA" which was effectively overturned in "Brandenburg v's Ohio". So not only was it never a binding precedent it has since been overturned.
Strange women Presidents lying in pondsbasements distributing swords executive orders is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic signing ceremony.( With apologies to the Pythons)
Remember Biden’s a lawyer !
A Syracuse Law School graduate - magna cum crakcerjack box !