Final answer:
Emma Goldman was arrested for her anti-conscription activities during World War I, which the U.S. government saw as a risk to national security. Laws like the Espionage Act and Sedition Act of 1918 were used to limit speech against the war effort, leading to her deportation. The Schenck v. United States case cemented the idea that speech could be limited if it posed a 'clear and present danger' to the country.
Step-by-step explanation:
Whether Emma Goldman was putting the nation at risk with her opposition to conscription during World War I is a matter of historical debate and perspective. The U.S. government at the time certainly saw her actions and the distribution of no conscription pamphlets as a risk to national security and ultimately arrested her for conspiracy to 'induce persons not to register' for the draft. Goldman and others like her were subject to the laws of the time, notably the 1917 Espionage Act and the 1918 Sedition Act, which were used to limit free speech that was believed to oppose the war effort and could incite insubordination within the military.
Goldman, a known anarchist who had advocated for violent resistance against the capitalist system, was seen as a threat not only for her anti-draft speeches but also due to her past endorsement of violence. During this era, American society and its legal structures did not fully protect political speech, especially when it was perceived to undermine war efforts or promote insubordination. Hence, arrests of dissidents like Goldman, and the eventual deportation of more than two hundred individuals under wartime legislation, were justified by the government's need to preserve order during a period of global conflict.
The U.S. Supreme Court's ruling in Schenck v. United States established the 'clear and present danger' test for free speech, effectively confirming that speech encouraging draft evasion could warrant imprisonment. This decision underscored the sentiments of that time; speech that jeopardized the war effort was not protected by the First Amendment.