Marvin,
I don't believe your statement is correct that no religion can induce its members to refuse conscription during a time of war. The Sedition Act of 1918 was repealed in 1920 after war hysteria died down. So were the most restrictive parts of the Espionage Act of 1917. There is essentially no law on the books today under which Rutherford could be convicted for doing the same thing today if that is what you are referring to. The convictions under the repealed WWI acts are largely viewed by historians as a result of war hysteria and as not consistent with the American system of liberties. Who is to say what would happen if another war took place, but in the meantime first amendment rights are not likely to be restricted as you propose.
I read an interesting book on limitation of first amendment rights a couple of years ago by Geoffrey Stone, a constitutional law professor. It discussed the Rutherford prosecution among others. The central argument was that in the entire history of the U.S., it's only in times of war that first amendment rights tend to get narrowed significantly.