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, 249 U.S. 47 (1919), is a United States Supreme Court case concerning enforcement of the Espionage Act of 1917 during . A unanimous Supreme Court, in a famous opinion by Justice , Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "" of succeeding, could be punished.
The Court continued to follow this reasoning to uphold a series of convictions arising out of prosecutions during war time, but Holmes began to dissent in the case of Abrams v. United States, insisting that the Court had departed from the standard he had crafted for them, and had begun to allow punishment for ideas. But the Court has set another line of precedents to govern cases in which the constitutionality of a statute is challenged on its face.