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Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment.
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Schenck was subsequently arrested for having violated the Espionage Act; he was convicted on three counts. ... On March 3 the Court issued a unanimous ruling upholding the Espionage Act and Schenck's conviction