you're quoting a lot of legal code for someone starting all of their posts with "IANAL"
The point of commenting IANAL, is that legal code is complicated. The ACLU is likely giving "best-practices", but that's not legal code. It's guidelines.
This feels pretty first-amendment to me, but I have little doubt that SCOTUS would think that people's first-amendment rights are less important than the Gov't's ability to do what it's doing.
I just also think that SCOTUS is wrong and full of very political actors who are grossly partial towards the current administration.