All of this was well understood in, say, 1975. The tension you're describing is why the ACLU's hardline stance on speech and the rights of the accused has alway

All of this was well understood in, say, 1975. The tension you're describing is why the ACLU's hardline stance on speech and the rights of the accused has always been controversial and deeply unpopular in some circles. Without putting too fine a point on it: that's literally what made them the ACLU.