Or they are just making their position clear: https://en.wikipedia.org/wiki/Imminent_lawless_action

Trump is being sued for inciting violence as well: http://www.slate.com/articles/news_and_politics/jurisprudenc...

Inciting violence should be a clear line, and I'm glad the ACLU of California is making it clear that it is. As far as past cases go, this doesn't seem to be contradictory or different, but I don't know if it is.