I think much of the prolem is that notion that recent judicial opinions (eg since 1963) is "First Amendment law" as opposed to more accurately "what Federal Judges have recently opined on the First Amendment".
Then you dont have to "own" that mess at all - it's a mess created by the Brennanite Liberal Judges!
I think much of the prolem is that notion that recent judicial opinions (eg since 1963) is "First Amendment law" as opposed to more accurately "what Federal Judges have recently opined on the First Amendment". All court rulings have the force of law, even the ones before 1963. Some of those have been overruled, and are no longer good law, but in their day they were just as much law as the stuff we have now. I think your main objection is that you prefer the law as it used to be, rather than as it is now - a position not entirely devoid of merit.