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During the first 100-plus days of his presidency, Donald Trump has done his damnedest to remake the US in his image. Fearing Hurricane Donald, a host of universities, law firms, newspapers, public schools and Fortune 500 companies have rushed to do his bidding, bowing before he even comes calling. Other institutions cower, in hopes that they will go unnoticed.
But this behavior, which social scientists call “anticipatory compliance”, smoothes the way to autocracy because it gives the Trump regime unlimited power without his having to lift a finger. Halting autocracy in its tracks demands a counter-strategy – let’s call it anticipatory noncompliance.
Examples of anticipatory compliance are legion.
Goodbye, academic freedom: Trump means to impose his anti-intellectual ideology on higher education. He is using unproven allegations of antisemitism and claims of discriminatory diversity, equity and inclusion (DEI) programs as an excuse to punish top-ranked private universities – initially hapless Columbia, then other schools including Harvard, Princeton, Cornell and Northwestern – by withholding billions of dollars in federal grants. My own university, the University of California, Berkeley, anticipates that it will be added to this list when Trump turns his attention to nationally renowned public universities.
“Be afraid” is the message for every university – threats to withhold funds from schools that use “woke” language have prompted some that aren’t even under the gun to censor themselves, excising words like “race”, “gender”, “class” and “equity” from course titles and curriculums.
Anticipatory compliance also affects the actions of public schools. Worried that, because of their alleged “wokeness”, they will lose the federal dollars that deliver extra help to those who need it most, school systems have altered their curriculum to whitewash the historical record and restrict the literature available to students. Adieu, Toni Morrison and Rosa Parks.
Goodbye, free press: Disney and Meta shelled out a combined $40m to settle baseless libel lawsuits brought by Trump, and Paramount is negotiating to make Trump’s spurious 60 Minutes lawsuit disappear.
On the eve of the 2024 election, Jeff Bezos, Amazon’s founder and the owner of the Washington Post, pulled an editorial endorsing Kamala Harris, to stay in Trump’s good graces. So did the Los Angeles Times, whose owner is a billionaire businessman.
Goodbye, legal representation: Nine leading law firms succumbed to blackmail to get rid of the president’s executive orders that punished a few firms for displeasing him. Collectively, they agreed to provide more than $1bn worth of pro bono legal work to causes of Trump’s choosing. Now they’re being asked to defend the coal industry and tariffs, which surely isn’t what they expected.
What’s more, some top-drawer firms have stopped providing pro bono work on immigration lawsuits and other hot topic issues. Instead, they are putting their talent at Trump’s disposal, neutering themselves while the White House makes mincemeat of the rule of law.
Hello, toadying: To curry favor and avoid ridicule in a Trump tweet, dozens of major companies, ranging from Amazon to Pepsi, are treating the president as if he were king, reducing or abandoning their DEI programs without being specifically threatened.
Those who bend the knee rationalize their actions as simply a prudent survival strategy. But that’s delusory, for the historical record shows that anticipatory compliance paves the road to autocracy. Bullies like Trump always demand more from their supplicants – more money, more abandoning principles, more loyalty-oath behavior. Anticipatory compliance feeds the beast, showing authoritarians how much they can get away with.
Here’s the good news – anticipatory noncompliance is on the rise. Challenges to Trump’s unconstitutional actions have emerged in higher and K-12 education, the legal profession and the corporate world. The citizenry is now making its voice heard.
Spearheaded by Harvard’s defiant pose, a growing number of colleges and universities are pushing back against Trump’s outrageous demands. A recent statement from hundreds of college administrators declared that “we speak with one voice against the unprecedented government overreach and political interference now endangering American higher education”. Faculty senates in the Big 10 Academic Alliance crafted a “mutual defense compact”; behind the scenes, the presidents of about 10 elite private universities are deciding what red lines they won’t cross.
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Rather than meekly comply with Trump’s monarchical demand that public schools eliminate DEI initiatives or risk losing federal funds, 19 states have gone to court, contesting the administration’s contorted reading of civil rights law.
The CEOs that scaled back their companies’ diversity programs misread the market and have suffered the consequences. Diversity is a popular goal that many investors and consumers take into account in their decisions. When Target rolled back DEI, the company had to confront a consumer boycott and a 17% stock drop. Meanwhile, corporations like Costco and Apple, which have stood firm, are on buyers’ and investors’ good guy list.
Several law firms refused to cave in the face of Trump’s blackmail tactics, instead taking the administration to court. Not only is that the right thing to do; it could turn out to be the profitable course. The judges are unequivocally on their side. And when Microsoft dropped a firm that surrendered to Trump, signing on with a firm that’s taking the administration to court, it signaled that virtue may be financially rewarded.
After months of quiescence, with the populace overwhelmed by the tsunami of outrages, popular opposition is emerging. On May Day, tens of thousands of demonstrators participated in nearly 1,000 anti-Trump demonstrations.
Restoring democracy is no easy task, for it is infinitely easier to destroy than rebuild. It will take a years-long fight that deploys an arsenal of tactics, ranging from mass demonstrations and consumer boycotts to litigation and political organizing. It’s grueling work, but if autocracy is to be defeated there’s no option. “Not everything that is faced can be changed; but nothing can be changed until it is faced,” observed James Baldwin, in a 1962 New York Times article. A half-century later, that message still rings true.
What’s giving me hope now
Courts have stood firm in their defense of the rule of law, pushing back against Trump’s power-grab executive orders. Americans are participating in mass demonstrations nationwide and voting for Democratic candidates in local elections. What’s more, Americans are voting with their wallets – spurred by a consumer boycott, the value of Tesla shares has plunged by close to $700bn from its peak a year ago.
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David Kirp is professor emeritus at the Goldman School of Public Policy, University of California, Berkeley
