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Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in the 1919 case Schenck v. United States. Schenck, an anti-war Socialist, had been convicted of violating the Act, after he published a pamphlet urging resistance to the World War I draft. Later court decisions have cast serious doubt upon the constitutionality of the Espionage Act.

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