Like the very evenhanded Jamelle Bouie here, I think Sen. Rand Paul’s heart was in the right place when he remarked on the irony of a black president presiding over a domestic security apparatus that, decades ago, had targeted civil rights leaders like Martin Luther King Jr. “You don’t have to support Rand Paul or his policy agenda to see that he was right to call out the president on the tension between his position and his actions,” Bouie writes.

Yet Paul’s invocation of race and civil liberties still gave me the heebie-jeebies.

Perhaps uncharitably, I see in it the same kind of ideological switcheroo that conservatives have, in the past, employed to distance themselves from other abuses involving race. Like segregation: over the years, the right has sought to evade guilt for this legacy by sowing confusion over party ID: Segregationists were Democrats! True, but only trivially so. (It was possible, back then, to be rightwing and belong to the party of Jefferson and Jackson.) The more sophisticated version of this defense says that segregation was economically wasteful and inefficient; it violated free-market principles. Also true, and also trivial.

A similar rhetorical trick was brought to bear on South Africa in the 1980s. The Jack Abramoff-fronted International Freedom Foundation held up the apartheid government as a bulwark against expansionist communism. After apartheid ended—presto!—it was apartheid itself that was socialist: a “pervasive system of government regulation, regimentation and control.”

This kind of sleight of hand ignores the lived reality of libertarian ideas in America. As historian David Hackett Fischer has written, the ordered liberty of 18th-century New England was altogether different than that of Virginia in the same period, with its conflation of liberty and the “hegemonic condition of dominion over others.”

The unfortunate fact is that, when it came to segregation, apartheid, or domestic spying before Obama, the oppositionist energy issued from the left.

Too often, my conservative friends sound like post-WWII Frenchmen: we all joined the resistance! During the years between the September 11 terrorist attacks and the inauguration of Barack Obama, for example, the line was that Sen. Frank Church and the left had eviscerated our intelligence-gathering capabilities. Now you can find a positive gloss on Church at Breitbart.com!

Rand Paul’s criticism of Obama from this flank amounts, in my opinion, to an inadvisable sort of concern-trolling.

By all means, slam the brakes on the NSA.

But save the convenient harrumphing about MLK.