 Justice William O. Douglas, in voting to hear the appeal in "Holmes", agreed that the government had the authority to employ conscription in wartime, but argued that the constitutionality of a draft in the absence of a declaration of war was an open question, which the Supreme Court should address.During the World War I era, the Supreme Court allowed the government great latitude in suppressing criticism of the draft.Examples include "Schenck v. United States", 249 U.S. 47 (1919) and "Gilbert v. Minnesota", 254 U.S. 325 (1920).