THE LAWMAKING AND policing powers of late 19th and early 20th century America did not think anarchist agitators deserved the protective penumbra of our Constitution. After Emma Goldman immigrated to the United States in 1885 from czarist Russia, she became a dynamic and hugely popular traveling lecturer on anarchism and other rebellious causes, such as draft resistance and contraception. Consequently, she was arrested a lot—and in 1919, along with hundreds of other accused anarchists, she was deported to what was now Bolshevik Russia. (Goldman’s version of anarchism was not the free market kind; she wanted to eliminate private property as well as the state.)
Many anarchists saw a bright side to these legal fights: an opportunity to preach their beliefs in a courtroom setting, where the press often amplified their message. The anarchists sentenced to death in the notorious 1886 Chicago Haymarket bombing case spent three days in
