The OSI has their own rights as well, and part of their own freedom of speech is that they get to chose who does or doesn't use their platform for speech.
Promoting something isn't the same thing as supporting or allowing it. Many mailing lists have allowed a self governing style of free speech. If you don't want to hear from someone, you add then to your banlist. The extreme and consistently offensive get marginalized by each person, rather than by a singular authority.
Your comment about never hiring someone who was said what ESR says about race, gender, or sexuality is a broad and unspecific brush. I've read the links provided, what specifically did he say, and when that would make him un-hireable forever?
> "Try to avoid even being alone, ever, because there is a chance that a 'women in tech' advocacy group is going to try to collect your scalp."
In my job I regularly have to talk to women. I wouldn't hire a developer who treated half the population differently. That's just one example too.