No false dichotomy, I didn't suggest that it's either crooks or those who "can't discern the difference between punishment of speech and punishment for consequences of speech".
The point was just that there are much more obvious problems with people in positions of power than not being able to distinguish with punishment for using one's vocal chords and punishment for whatever it caused.
The false dichotomy is that if one opposes one group one can't oppose the other. Or that if there are several bad things, drawing attention to one means approving another.
You probably know it, but that's a lazy false dilemma.