It might as well be if the rest of the country isn't paying any attention to it.
There's a big difference in obscure ACLU papers on their website (that I've linked to here) and a New York Times headline shouting something like "ACLU declares Bush violating Constitution."
I would bet if you took a hundred people off the street at random and asked them what they thought about the current wireless warrantless wiretapping controversy, they'd have no idea what you were talking about.