Fascism's Legal Phase

David Cobb discusses how attacks on the courts, education, the right to vote, and women’s rights join America’s racism to further promote the rise of fascism.

(from Episode 1341)

We are now in fascism’s legal phase. According to the International Center for Not for Profit Law, 45 states have considered 230 bills criminalizing protest, with the threat of violent leftist and Black rebellion being used to justify them. That this is happening at the same time that multiple electoral bills enabling a Republican state legislature majority to overturn their state’s election have been enacted suggests that the true aim of bills criminalizing protest is to have a response in place to expected protests against the stealing of a future election (as a reminder of fascism’s historical connection to big business, some of these laws criminalize protest near gas and oil lines).

The Nazis used Judeo-Bolshevism as their constructed enemy. The fascist movement in the Republican party has turned to critical race theory instead. Fascism feeds off a narrative of supposed national humiliation by internal enemies. Defending a fictional glorious and virtuous national past, and presenting its enemies as deviously maligning the nation to its children, is a classic fascist strategy to stoke fury and resentment. Using the bogeyman of critical race theory, 29 states have introduced bills to restrict teaching about racism and sexism in schools, and 13 states have enacted such bans.

The key to democracy is an informed electorate. An electorate that knows about persisting racial injustice in the United States along all its dimensions, from the racial wealth gap to the effects of over-policing and over-incarceration, will be unsurprised by mass political rebellion in the face of persistent refusal to face up to these problems. An electorate ignorant of these facts will react not with understanding, but with uncomprehending fear and horror at Black political unrest.

Sometimes, you trace a fascist movement to its genesis in Nazi influence on its leaders, as with India’s RSS. In the United States, the causal relations run the other way around. As James Whitman shows in his 2017 book, Hitler’s American Model: The United States and the Making of Nazi Race Law, the Jim Crow era in the United States influenced Nazi law. In 2021, legislators in 19 states passed laws making access to the ballot more difficult, some with specific (and clearly intentional) disparate impact on minority communities (as in Texas). By obscuring in our education system facts about this era, one can mask the reemergence of legislation that borrows from its strategies.

Indeed, the very tactic of restricting politically vital information to schoolchildren is itself borrowed from the Jim Crow era. Chapter 9 of Carter G Woodson’s 1933 book, The Mis-Education of the Negro, is called Political Education Neglected. In it, Woodson describes how history was taught “to enslave the Negroes’ mind”, by whitewashing the brutality of slavery and the actual roots and causes of racial disparities. In Fugitive Pedagogy: Carter G Woodson and the Art of Black Teaching, Jarvis Givens documents the strategies Black educators used to convey real history in the constricted environments of Jim Crow schools, strategies that, tragically, will again become necessary for educators to take up again today.

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Video edited (and thumbnail) by invisible ninja

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