Recently, some commenters have criticized the ACLU for abandoning its historic stance in favor of free speech. On 2021-10-17, journalist Glenn Greenwald predicted this on twitter:

I really believe that within 18-24 months, ACLU - either a state affiliate or the national group - will argue in court that hate speech is outside 1st Amendment protections because it infringes the rights of marginalized groups.

Historically, laws regulating hate speech in the US have been found to violate the First Amendment protections of freedom of speech.

By 2024, will the ACLU argue that hate speech should not be protected by the First Amendment?

This question will resolve positively if by 2024-01-01, any part of the ACLU (either a state affiliate or the national group) argues in any court that hate speech should not be protected by the First Amendment protections of Freedom of Speech. "Arguing in Court" here means providing direct aid in a court, not merely filing an amicus brief or making public statements. "Hate Speech" here will mean public speech which is predjudiced or discriminatory towards groups protected by the Fourteenth Amendment, including those defined by disability, race, ethnicity, nationality, national origin, gender, gender identity, or sex.