Vigilante Democracy: How State-Sanctioned Violence Is Threatening American Freedoms
JUDJ-Prepared Summary from April 16, 2025 | Vigilante Nation: The Subversion of American Democracy
In a recent America at a Crossroads discussion, UCLA law professor Jon D. Michaels—an expert on presidential power, the administrative state, and constitutional law—shed light on the troubling rise of what he and co-author David Noll term “state-sponsored vigilanteism.” Drawing from their new book, Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy, Michaels explained how political and legal systems are increasingly enabling private citizens to carry out acts of violence or coercion, often with the implicit or explicit support of government actors. This disturbing trend, he argued, is not an anomaly—but a return to America’s darker traditions.
What Is “Vigilante Democracy”?
Michaels introduced the term “vigilante democracy” to describe a legal and political shift where the state encourages or refuses to punish individuals who use violence or coercion to enforce ideological agendas. Unlike traditional vigilantes who act entirely outside the law, today’s vigilantes are often protected in advance (through “ex-ante” legal shields), not prosecuted after the fact, or even pardoned by sympathetic governors.
Examples include laws in Oklahoma and Florida that provide legal defenses for drivers who strike protesters with their vehicles, and broad “Stand Your Ground” laws that expand the legal justification for using deadly force—even when retreat is possible. Together, these policies foster what Michaels called a “licensing of violence” under the guise of protecting personal liberty.
A Long History with New Legal Tools
While the term “vigilanteism” evokes images of rogue actors, Michaels emphasized that the United States has a long legacy of private violence supported or tolerated by government institutions. He traced this lineage back to the Fugitive Slave Acts, which allowed private citizens to capture escaped slaves across state lines with government support.
Following the Civil War, a similar pattern emerged during the Jim Crow era. When federal civil rights laws restricted overt state action, Southern governments often relied on private actors and mobs to enforce racial hierarchies—often with the state turning a blind eye. Michaels noted that the period from the mid-1960s to early 2010s—marked by more rigorous federal enforcement of civil rights—was the exception, not the norm.
Guns, Power, and Political Intimidation
A central enabler of modern vigilanteism, Michaels argued, is America’s unique gun culture. The ready availability of firearms amplifies the threat of violence in political and civic spaces. He cited examples such as Kyle Rittenhouse, who crossed state lines to patrol a protest with a semi-automatic rifle, and armed individuals showing up at town halls, election offices, and school board meetings to intimidate officials.
This normalization of armed political expression has a chilling effect on democratic participation. People who might otherwise attend meetings, speak publicly, or even vote may stay home out of fear. The presence of armed vigilantes at public events sends a message: dissent may come at a cost.
January 6 and the Road Ahead
According to Michaels, the January 6th attack on the U.S. Capitol marked a turning point. What was once seen as an unacceptable assault on democracy has, in many circles, become normalized—or even glorified. With perpetrators being pardoned, praised, or even running for office, Michaels warned of a dangerous merging of state power and private violence.
What lies ahead, he suggested, is a growing expectation among political extremists that they will be protected by their governors or presidents. As this belief solidifies, so too does the potential for more widespread and brazen acts of political violence under the banner of patriotism or personal liberty.
Michaels’ conversation was a sobering reminder that democracy is not just under attack from institutions—it’s also being undermined by individuals empowered by the state. Understanding this evolution is the first step toward resisting it.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.