You're right about the Democratic Party. They're the party of capital just as much as the GOP now, with little to offer workers on industrial, economic and trade policy except a kind of GOP-lite, for which Obama was the perfect standard bearer. 

And the ease with which the GOP were able to associate the Dems with people of color and civil rights in voters' minds provided plenty of cover for the GOP's own corporatist elitism. 

As long as the GOP can keep white voters ginned up about "white victimhood," they will continue to win white majorities, and that will be enough to win elections--given the gerrymandering of Congressional districts by conservative state governments, and the way the Electoral College favors white rural voters--even when whites and conservatives are not a majority.

And, again, this is NOT the political context in which the ACLU defense of hate speech makes sense.