The better analogy is that Cloudflare is performing the function of private security instead of a police force.
The United State government doesn't require any private entities to provide armed security for political groups they dislike (in fact, the US government couldn't make such a mandate as the mandate itself would fall afoul of the first amendment).
If we believe that there must be a steward of this resource that should provide this kind of service in a first amendment protected manner, then we should advocate that the government offer DDoS protection services.
Remember that these same principles apply to progressive views as well... which have not historically been as popular, and greatly benefited from free speech protections. I would say we would not be where we are now as a society without them.
As a brown immigrant currently living/working in the States I'm not a Nazi sympathizer by any stretch but I wanted to post in support of your broader point.
Looks like some heavy reality bending for a questionable cause to me.
DDoS is the internet equivalent of a mob censoring public speech. Proxies like cloudflare are the equivalent of the police protecting the right to speak, no matter the view.
Remember that these principles, which date to the Enlightenment, work for all views and have benefited the civil rights, antiwar, suffragist, environment and other movements immeasurably.
But even if it was. You must get a permit just like in real life. Which a private entity doesn't have to grant you. Because you know... personal freedom.
The question is, should the Internet be a free and open public forum or not? Should we permit mobs to knock legal servers off the Internet?
That would seem to run counter to the idea of an open internet embodied in net neutrality, upon which certain laws have been developed and passed over the years. It would be a mistake to merely look at the current laws on the books without grasping the underlying general principles.
Not to mention access to Internet is considered a basic right in some countries.
So grand parent makes compelling case, just not in US laws.
Foreign hosts are not really the right solution to freedom of speech on the internet. First of all it depends on the agreeability with the opinion rather than the right to express it. But moreover they can be DDoS'd just the same without a service like cloudflare. Cloudflare is a proxy not a host.
The core problem is that the Internet is a modern public space while its management has been handled by private entities. Cloudflare is essentially performing the function of the police permitting the KKK to march, which the US constitution permits. They don't have to do it as a private entity, but if DDoS becomes the norm for unpopular speech then the internet is no longer a public space, just a space for views that don't get DDoS'd.