Protesting is Necessary but Not Sufficient

Now comes the hard part, especially for lawyers.

By Danny Miller and Steve Silverman

Saturday’s No Kings Day was a remarkable demonstration of civic courage. Eight to nine million Americans took to the streets — in big cities and small towns, from Louisville to Kansas City, from New York City to Boise and Philadelphia — united by a shared alarm over the authoritarian drift that is endangering our democratic institutions, our constitutional norms, and the essential character of our nation.

But protests alone will not save our Republic. The hard and even more impactful part comes on the day after. Demonstrations are one essential piece of the puzzle — but research shows that in cases of serious democratic backsliding, protests succeed in reversing authoritarian trends only when paired with sustained collective action: strikes, boycotts, deliberate non-cooperation with illegitimate exercises of power, and the patient work of organizing across every sector of civil society. This is work that has already taken place in cities like Minneapolis, Washington, D.C. and Chicago. In fact, across the country, people are quietly organizing their communities. Taking inspiration from last Saturday, this is the kind of work that we need to continue to ramp up now more than ever.

Photo by Sasun Bughdaryan on Unsplash

That work means “Big Tent” organizing — building deep relationships between the different pillars of civil society that do not ordinarily work together: faith communities, organized labor, veterans’ groups, civic associations, and the legal profession. Organizations like the Horizons Project have shown that when these groups find common cause, their combined power is far greater than any single constituency acting alone. If you marched on Saturday, the next step is not waiting for the next rally; it is finding out who in your community is already building these coalitions and joining them or starting your own effort by reaching out to friends and other members of your community — however you define it.

Equally critical is planning ahead — before the next crisis, not after. In Ohio, Chief Justice Maureen O’Connor (ret.) and Justice Michael Donnelly (ret.) organized a letter signed by 130 Cleveland lawyers urging Ohio’s institutions and civic leaders to reflect on what adherence to the rule of law would require if governmental power were exercised without lawful justification — and calling on communities to have those conversations now, in professional associations, houses of worship, workplaces, and neighborhoods. They didn’t stop there: They have held organizing meetings, galvanizing the community before the moment of crisis rather than scrambling in its wake. Their work has inspired action across Ohio and beyond. What these civic leaders are saying is: Don’t wait for a shock to the system to ask, “What do we do now?” Ask it today.

For lawyers, the obligation runs especially deep. Practicing attorneys take an oath to their state bar that includes a commitment to the rule of law — and lawyers have always been civic leaders in their communities. Research shows that litigation, legislative advocacy, and elections, while necessary, are insufficient on their own to reverse democratic backsliding. But the legal profession has far more to offer than courtroom advocacy. We are inspired by lawyers in Georgia who have organized themselves outside of the bar to stand up for the rule of law; by Rachel Cohen, Brenna Frey, and Thomas Sipp and the other associates who showed the backbone that senior partners at nine major firms chose not to demonstrate; by lawyer networks in Minneapolis, D.C., Chicago, and so many other cities who stepped onto the field. They are our models.

So, what can lawyers do? Start where you are. If you are at a law firm, petition your firm leadership to take a public stand against attacks on the rule of law and the judiciary. If you work at a business or institution, ask your leadership to articulate its values. If you are a government attorney and you are asked to break the law or defy a court order, remember that you took an oath when you became an attorney. At every level, find the people around you who share your concerns and begin building something durable. Follow thought leaders who are mapping this terrain.

Saturday’s crowds were historic and an important show of mass participation. The work ahead is just as important. We take inspiration from judges in Poland, lawyers in Serbia and Pakistan, and all those who stood up when it was hard and the outcome was uncertain. Now is the time for courage — and for the sustained, unglamorous work of organizing. Saturday was glorious, and the hard work continues with renewed vigor and determination.

Danny Miller and Steve Silverman are attorneys and the co-founders and co-directors of Democracy Rising Collaborative, an organization that mobilizes lawyers, retired judges, and civic leaders across the country. They are the authors of the www.theruleoflawyers.org, an action toolkit for lawyers.

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