Looks like the standard has already been re-affirmed in other cases as incitement (knowing and intentional words to imminently cause lawless action) in order for a lawsuit to succeed.

The Louisiana Supreme Court did find that first responders (police, fire,EMT, etc) are indeed allowed to sue. There was some question of if they were disqualified from suing under the theory that getting attacked in a riot is just a job hazard for them. Vox might have taken offense to that for some reason.

This is all civil too, so no jail time or charges, just a legal fight about standards for culpability for the purposes of a civil case.