I think to blame the ACLU for case law that isn't popular is ridiculous. Ask any Police Officer or Prosecutor that's been around for a while and they'll all tell you the same thing, BAD CASES make bad case law. In other words, when you try to cut corners or circumvent the law in you investigations you are asking for the courts to slap you, and they will. I also firmly believe that all of the founding fathers would be dues paying members of the ACLU.
Nobody died for that flag, they died for our country and our RIGHTS, it's nothing more than a symbol, a piece of cloth, I don't like to see someone burn the flag anymore than anyone else but I will certainly defend their right to do it.
I wonder how RB would react if it were a religion other than his that was being forced down our throats. That is exactly the reason Thomas Jefferson, who was a very religious man, pushed so hard for the seperation of Church and State.