Isn’t that the way laws work? You can’t prosecute someone until they’ve committed a crime. The issue here is whether the “crime” is tweeting stuff that starts an insurrection, or tweeting stuff that could be interpreted as potentially starting an insurrection.

Me telling someone to go fuck themselves probably isn’t a problem, but me telling someone with learning difficulties to go fuck themselves and them feeling compelled to do it and hurting themselves probably is a problem.