Well, that's moving the goalposts a bit. This strikes at the core of FIRE's work, and even though the ACLU has backed away from free speech a bit in recent years (based on the possible impact the speech would have on other priorities for the ACLU), I think in this case that would not be a limiting factor for them.

These organizations have tons of money and can bring on outside counsel to supplement their own. Also, merely having them on record as defending you would go a very long way in settlement negotiations. The bigger practical hurdle is knowing they exist in the first place, if you're affected. Presumably a quick chat with an LLM would point someone in their direction though.