the answer is 'it depends' .
Often people think that a whip is ALWAYS used to beat a horse. I keep a few whips, they aren't used to beat a horse, they're used as an extension of my arm to communicate what I request from the horses.
You SHOULD be able to control the horse without having to hit it for any reason. You see, a horse knows the difference between consequences and punishment. The difference between a good leader and a bad leader to the horse is that the good leader knows how to use positive rewards and consequences properly to communicate requests and rewards proper action. A bad leader simply punishes.
Think about it - if you've been asked to do a task, do you learn better how to do what the requester asks if they wait till you respond incorrectly then whip or hit you or will you learn better if the person gently stops you when you're going about something wrong, teaches you the correct way then rewards when you've done a segment correctly? which type of requester would you respect more?
Your horse "tests' you as you say he 'trys stuff on me" becuase you are 1. A poor leader, 2. You are inconsistent 3. You don't offer him the request in a manner/time range that he can comply with and 4. You are wont to hit and punish him rather than teach and reward.
He has absolutely no respect for you - it has nothing to do with whether he's an ex pacer or green. Your job as his leader is to ask softly in a consistent way he can understand, give him the option to react properly or not - then his options should be to do what you wish or work hard at something he doesn't like. You hitting him teaches him absolutely nothing other than more and more dis respect and dislike of you.
You must ask a green horse for a very small thing in a very small way first. Never think "He knows better" because he doesn't - he only learns by quiet, proper, consistent, repetitive request and proper reward.
So, I would say that 1. Not everyone who rides with a crop is a bad rider. 2. it's a bad idea to get into an 'argument' with anyone - all is proves is that you've got a heart felt opinion you wish to push on someone else without hard, fast facts to back up your opinion and 3 you ARE a bad rider if you feel you must hit your horse to get him to respond properly. If you 'kick' or give him a voice command, then hit him if he doesn't respond, you're a bad rider.
Instead you should be 'asking' via use of low to high pressure to do something. Start by controlling the direction of his feet in all 4 directions from the ground, right, left, back and forward. Use varying amounts of pressure. You want the horse to step back, there are many ways - you can press the horse's chest with 2 ounces of pressure - no response, increase to 4 ounces of pressure, no response press with 1 lb of pressure IMMEDIATELY removing the pressure when he begins to shift weight from front to back (start backing) -the release of the pressure is the reward he learns from. Pet him and tell him he's a great horse, then try it again. Do that 20 times until the slightest hint of pressure on his chest causes him to move back. What has been achieved once you can get to this point is 1. Lightness 2. respect 3. Understanding from the horse for what you desire 4. Patience on your part 5. Your horse begins to look to you as a trusted leader rather than someone who doesn't give him a chance to respond before hitting him.
You can use this apply and release of pressure in millionso f ways to teach him to do what you wish. You will get farther, faster and have a more solidly trained horse i nthe long run that kicking and hitting him until he responds. Get into a tough spot with this horse, he'll leave your sorry butt behind in a heartbeat when the going gets tough.