“Death to Cops,” “Pigs in a Blanket” Not Protected Speech

A 1958 book, “The Neked Communist,” was published in the Congressional Record to expose threats to destroy constitutional freedoms from within America. The Record lists 45 methods to destroy American society. Number 42, more than fifty years later describes the anti-law enforcement sentiment propagated by most in the media and activist groups today. Number 42 states:

“Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use [“]united force[“] to solve economic, political or social problems.”

This was evidenced by violence-inciting rioters last year in Ferguson, Missouri who chanted:

Who do we want? Darren Wilson! How do we want him? Dead!

The only solution is a communist revolution!

Turn your guns around and shoot the bosses down!

This year, #BlackLives Matter rioters began referring to law enforcement officers as “pigs in a blanket,” to be eaten as bacon. The phrase, most rioters may not know, originates from communism. In fact, many are shouting from a chant sheet that reads right out of The Neked Communist‘s play book’s Number 42 goal.

The Progressive Labor Party (PLP), a communist organization based in the United States, claims its intent is to “destroy capitalism and the dictatorship of the capitalist class.” Their efforts to create racial and class division are rooted in hatred and violence as evidenced by a few of the chants they suggest rioters use.

Racist Cops you can’t hide. We charge you with genocide.

Why Cops you better start shaking. Cause today’s pigs is tomorrow’s bacon!

Despite these claims, they also chant that all policemen are racist regardless of their skin color: “White cop, black cop all the same, Racist Terror is the name of their game.”

And despite law enforcement officers’ low-mid-level income brackets, which place them among the lower middle working class, who often work 12 hour shifts and usually in dangerous circumstances, rioters claim: “Racist cops get off scott free, while workers live in misery!”

plp flyer


Ongoing threats and encouragements for others to kill police officers in the name of racial equality violates the First Amendment of the Constitution. Not all speech is free speech. In fact, the U.S. Supreme Court has ruled more than once that “hate speech” that incites violence fall outside of constitutional protection.

Justice Oliver Wendell Holmes Jr. argued that, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic” (Schenck v. United States, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]). 

In 1969 the Supreme Court added three conditions to the Holmes argument for restricting speech; the speech in question must have 1) the intent and 2) the likelihood of causing 3) imminent violence. Inciting the intent to kill police officers, involving direct encouragements for others to commit crimes and to commit them “now,” all meet the three-prong criteria. Yet, few if any legal actions have been taken against the PLP or any other group for inciting violence that has resulted in the death of police officers specifically over the last year.

The public and law enforcement organizations have a valid claim under the Constitution to demand that legal action be taken to curtail and halt public incitement to violence being directed towards a specific people group on a daily basis. The predicament is that law enforcement is tasked with, and in some cases is prevented from, enforcing the very laws designed to protect them and others.


Bethany Blankley

Bethany Blankley is a political analyst for Fox News Radio and has appeared on television and radio programs nationwide. She writes about political, cultural, and religious issues in America from the perspective of an evangelical and former communications staffer. She was a communications strategist for four U.S. Senators, one U.S. Congressman, a former New York governor, and several non-profits. She earned her MA in Theology from The University of Edinburgh, Scotland and her BA in Political Science from the University of Maryland. Follow her @bethanyblankley facebook.com/BlankleyBethany/ & BethanyBlankley.com.

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