Marion Kaplan (#2: The Role of Civil Society)

(New York University)

In reaction to the Trump administration’s multipronged attack on the American state and American democracy, I have been asked about my work on Nazi society. Many inquire about “bystanders” or “enablers” – those Germans who cheered or went along, showed little to no empathy, and did nothing to help the victims. Indeed, most of us have taught about individuals like Pastor Martin Niemoller, originally a Hitler supporter, who first admitted in 1946 that when “they came for the Communists” he did not speak up and then he included the Socialists, trade unionists and Jews. So, when they came for him, no one was left to speak up.

Chillingly, at the NY demonstration on April 5, 2025, I saw the sign: “First they came for the Palestinians…” with a photo of Mahmoud Khalil. And at an American Association of University Professors demonstration on April 17, a different poster held the photo of Mohsen Mahdawi, another student arrested April 14 at his naturalization interview. Echoing Niemoeller, M. Gessen noted: “A country that has pushed one group out of its political community will eventually push out others.”

So, what can civil society do? Hannah Arendt, among others, commented on the lack of resistance in German civil society. She noted, “the personal problem was not what our enemies did, but what our friends did” and continued: “Gleichschaltung” was “rather voluntary, in any case not yet under the pressure of terror.” Importantly, the S.A. enforced Nazi rule (similar to ICE today among immigrants). Fear took hold in just a few weeks, then and now.

What would have been necessary – then and now —was the broad opposition of civil society, never, as Arendt underlined, the work of the lone individual. She argued that only through public and collective action could meaningful political change come about. Senator Cory Booker from New Jersey, insisted that resistance comes only when civil society stands together. He, too, appealed not to “an individual.” He hoped for “a growing movement …”. “Not one action,” it has to be “millions of actions.”

Booker argued that civil society could be a space for freedom — although a vulnerable one. He reminded the nation that segregationists poured hot coffee on, severely beat, and murdered Civil Rights activists. Referring to the present, he asked, quoting John Lewis, when “are willing to get into good trouble” and “stand up for what’s right?”

Since civil society is made up of its constituent parts, I include in the definition of “civil society” not just advocacy associations but specifically unions, universities and law firms.¹

Lawyers: In Germany, within 3 months, the German bar association succumbed to, if not facilitated, its Gleichschaltung, excluding its Jewish members. But a small number of Jewish lawyers coordinated information and continued to serve clients. And an occasional Jewish lawyer, such as Ernst Fraenkel, obtained rare acquittals until his own arrest loomed in 1938.

In the U.S., ten major law firms buckled early. When does political morality eclipse financial gain in a capitalist society? Two firms took the Trump administration to court. And the American Civil Liberties Union seems to be working around the clock.

Unions: In Germany, the Nazis outlawed and raided labor unions and forced workers into the Nazi-run German Labor Front. In the U.S., unions have sued in courts. And, a new group, Rise Up: Federal Workers Legal Defence Network, was formed by the A.F.L.-C.I.O. along with other unions and civil rights groups. The president of the A.F.L.-C.I.O. said: “We are still operating as though there is a rule of law.”

Universities: In Germany, the universities went along enthusiastically. In the US and despite student and faculty opposition, multiple universities. Some students who spoke out against the devastation of Gaza went into hiding.

Civil society forms the foundation for a dynamic and free society. Trump and crew gain when they destroy the independence of these organizations. The closing up of civic space helps all authoritarian regimes.

To sum up our current situation: Trump does not represent the majority of civil society. The fight has just begun: Americans will need to protest, organize and mobilize. It is up to civil society to show that the Emperor has no clothes.

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