Your sought after 1A defence is only political, not legal.
"Trump's First Amendment claim in elections indictment questioned: report
The report notes that legal experts say an “individual’s free-speech rights essentially end as soon as those words become evidence of criminality.
One legal expert suggested the strategy is more likely to resonate in political than legal circles.
Duke University law professor Samuel W. Buell said that it “won’t work legally but it will have some appeal politically, which is why he is pushing it.”
“There is no First Amendment privilege to commit crimes just because you did it by speaking,” Buell told The Times.
Buell said that “there is no First Amendment privilege for giving directions or suggestions to other people to engage in illegal acts.”
https://www.rawstory.com/donald-trump-2662682210/
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