You misunderstand me.
My focus is the severe - 20 year penalty - criminal charge of obstruction of Congressional procedure filed against 360 protesters for January 6.
The prosecution must prove that the Constitutional right of the Congress to certify a fraudulent election takes precedence over the First Amendment right of an individual to protest a fraudulent election.
In my opinion, the First Amendment wins every time...
"Congress shall make no law...abridging the freedom of speech..."
No more than 25 individuals engaged in violence or destruction at the Capitol.
The other 335 "peaceably assembled."
You're assuming facts not in evidence.
Trump's team has never even claimed fraud in court, let alone proven it.