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I'm not sure why we're concerned about legality, if we're going to just roll over when Trump makes it illegal to fight fascism at all because "it's illegal" then we deserve what we got.
You're totally right, legality should not be a concern in cases like that.
What I liked in this article is that it gives examples of actions on several levels, and I think this is important because a tone of things need to be done to effectively fight fascism in societies.
There's also the matter that fascists aren't going to obey the law, they will not only wield the law like a weapon. Resisting them is going to be considered criminal regardless, so make it count.
Vive la résistance
It matters because it's very easy to get arrested when you go against those in power.