I find the argument "Your criticism is invalid because the law doesn't violate the First amendment!" reductive and pointless. Decisions taken by the US government can be unethical, counterproductive, immoral, hypocritical, unfair, and stupid, while still being constitutional. It's not illegal for me to treat you worse because your username starts with the letter "k". Yet, many people would find it stupid and inconsistent. Here, the US government is doing the same thing, except the letter is "C".