Tampon Tim can't even pretend to be smart.
Yelling 'fire' in a crowded theater was considered something of an informal threshold for free speech, and outside the protection of the First Amendment based on a non-binding statement from Justice Oliver Wendell Holmes Jr.'s opinion in the SCOTUS case, Schenck v. United States in 1919. In 1969 Schenck was mostly overturned by Brandenburg v. Ohio, which limited the scope of speech that the government may ban to that directed to and likely to incite imminent lawless action. Dems probably / likely think that applies to Trump, even though he clearly told supporters to march peacefully and patriotically to the capitol on Jan. 6.
As the meme also points out quite effectively, imo (but probably not obvious to Dems, who have no keen grasp of the obvious, which is why I have to point it out) leftist stooges who attempt to incite a riot do not (well, aren't supposed to) receive the benefits of protected speech under the First Amendment.