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First, the indictment specifically acknowledges Trump's right to say the election was stolen even if he was lying about it. Nothing in the indictment targets limiting his speech. This indictment is all about his acts when that speech turns to criminal conspiracy.
More importantly, the indictments avoid any 1st Amendment claims. They aren't charging him in connection with his speech on 1/6 or public statements. He's being charged for:
• Trying to get Pence to ignore the law and throw out valid state electors
• If he somehow stayed in power, he wanted to use the Insurrection Act to forcibly stop any protests
• Organized fraudulent electors in several states
• Pushing officials to ignore or invalidate election results
• Had the DoJ send false claims of "significant concerns" about election results
And so on. The indictment even explicitly says he had a right to speak on the issue and file lawsuits.
More importantly, the indictments avoid any 1st Amendment claims. They aren't charging him in connection with his speech on 1/6 or public statements. He's being charged for:
• Trying to get Pence to ignore the law and throw out valid state electors
• If he somehow stayed in power, he wanted to use the Insurrection Act to forcibly stop any protests
• Organized fraudulent electors in several states
• Pushing officials to ignore or invalidate election results
• Had the DoJ send false claims of "significant concerns" about election results
And so on. The indictment even explicitly says he had a right to speak on the issue and file lawsuits.