Flashlights weren't created with the intent to aid and abet criminal behavior. ICEBlock was. If it's being used primarily for that purpose, there's a strong case to be made that it should be shut down, especially if it's found to create significant challenges for law enforcement, either leading to their harm, or enabling criminals to evade or escape justified enforcement.

Stepping back from the legal / Constitutional considerations, this just seems like common sense: person commits crime, others make app to help criminals escape, therefore the app itself is aiding and abetting.

I think really, its proponents are using "free speech" as a roundabout way of saying they support these criminals. I really wish they'd just be honest instead.