> The legal issue here is that there should be a very high bar for saying that first amendment protected speech amounts to incitement. But that’s not a principle of law as far as I’m aware.

I don't understand the distinction you're making here. Isn't there being a high bar for saying that first amendment protected speech amounts to incitement literally a principle of modern first amendment law (Brandenburg etc)?

> So any organization that adopts this militant posture for marketing reasons (which is a lot of them these days) could run the risk of that being used against them if any of the protesters end up damaging or destroying property.

Even the way you write this makes it sound like you know it's problematic too.