ACLU is just beginning its transformation. If I were asked 10 years ago "would ACLU take a free speech case?" I'd say "duh, it's ACLU, of course they would!". Now it's more like "depends on whose case it is and what Twitter thinks about it". What would happen in 10-15 years, when the old guard has retired? Who knows.
> For a lot of Asian working class people, proliferation of hate-speech is a very real threat today.
Anti-Asian hate speech has the history over a century long, at least, in America - sad, but true. It's not a new thing. And for all those years, Asian community managed to achieve huge success and become very prosperous, in fact so much that now the woke higher education institutions discriminate against this community (as they did against Jewish community years ago) - because they are too successful and make their formalistic "diversity" goals harder to achieve! Clearly, abandoning the ideals of the free speech is not necessary for the community to succeed, even in the presence of haters.
> there is a tension between formal equality in front of the law and genuine equality in the real world
No, there's no tension. Of course, the former does not guarantee the latter - it's only a necessary condition, but never a sufficient one. There's much more that a society needs to achieve equality of opportunity - if it's at all possible, and it will never achieve the equality of outcomes, of course. But the paradoxical conclusion the new left is making from this - completely common in human affairs - difference between the ideal and the worldly practice falling short of it - that the ideal has to be abandoned completely, since our inability to achieve it - even witnessing the huge progress that has been achieved - means it's a false ideal.
Even worse is that to replace this ideal, the old and tired ideas of racial division, segregation, racial hate and unequal treatment depending on skin color and ethnic identity, are unearthed, dusted off, and paraded as some kind of solution for inequality. Not only it could never work - forced inequality can't lead to equality - it is morally repugnant, and will cost us as a society a lot to drive those ghosts of the past back underground where they belong.