It has never been legal to lie to induce someone to commit a crime. It is not even legal to tell the truth to induce someone to commit a crime. The indictment, that you have not read, says in the third paragraph "The Defendant had a right, like every American, to speak publicly about the election and even claim, falsely, that there had been outcome-determinative fraud during the election and that he had won."
The defense, and Jack Turley, want it to be a freedom of speech case. The prosecution does not believe it is a freedom of speech case. Either way, it is still illegal to lie to induce someone to commit a crime.