The article, IMO, made it clear enough that information that causes violence but wasn't intended to cause violence is protected by the 1st amendment.
There is a clear legal standard for incitement. Sacks hasn't articulated it. Either he doesn't know what it is, or he does know, but smartly recognizes that it cuts directly against his argument. The point he wants to make is that First Amendment jurisprudence already provides a basis for service providers to eliminate the most objectionable content. It does not.
Particularly in the case of incitement: if Twitter was held to the 1A standard, it would be unable to block a great deal of content likely to cause imminent lawless action.
But I don't think it's a fair criticism of his article. I clearly understood from his writing that the "Incitement" exception only covers information intended to cause violence in the near future.
I don't know if he's familiar with the precise legal language, but even if he is, it wouldn't be appropriate to use it in this article for laypeople. He's using common English.
The entire Brandenberg case is about the distinction, on this particular word.
Like I said, this is a hash of an argument.