The ACLU is staffed with extremely competent First Amendment attorneys and yet they seem to be intentionally muddying the water about this. As a 1A scholar (and ACLU supporter) myself, I find it extremely frustrating.
I'm not so sure the ACLU is staffed with competent First Amendment attorneys any more. I've read a few articles citing Ira Glasser as being disappointed in the direction the modern ACLU is moving.