Malice isn't required to destroy the first amendment, city councils arresting people speaking out, in the name of getting business done is enough. I think the "I disagree with what you say but will defend to the death your right to say it" view of free speech is very much a minority view. Most people, especially mayors and city councils, ascribe to the "free speech for me and not for thee" view.

> We don't live in an free speech absolutist society

I'm not sure what kind of society we live in. Is there even a social contract anymore? Is the Constitution even in effect? I'm not sure exactly what the rules are anymore, we live in a society where a mob violently attacked the US capitol, and got pardons for their trouble. So, why bother talking about anything, when violence is rewarded but speech gets you a record? What's even the point of the first amendment, it's meaningless when they can just write an executive order deeming their political opponents (or anyone) part of a vast but nebulous terrorist network, who obviously don't have a first amendment right. Because terrorists.