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Vindictive Tolerance: The Philosophical Anatomy of a Political Pathology

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Vindictive Tolerance: The Philosophical Anatomy of a Political Pathology

Abstract

 


 This article develops the concept of “vindictive tolerance” to describe a political pathology in which the language and institutional apparatus of tolerance, rights, and the rule of law are weaponized to punish opponents. Working from a liberal egalitarian, respect based account of toleration and in critical dialogue with Marcuse’s notion of “repressive tolerance,” it argues that vindictive tolerance involves a characteristic pattern of normative inversion and normative capture. Legitimate disagreement is recategorized into the domain of the intolerable, while coercive measures are presented as the defense of tolerance, democracy, and human rights against their alleged enemies. The article analyzes the internal structure of this mechanism, its exploitation of the paradoxes of toleration—especially the principle that tolerance need not extend to the intolerant—and its connections to Schmittian friend–enemy logics, Gramscian hegemony, and gaslighting. Empirical illustrations from the second Trump administration and other regimes show how vindictive tolerance corrodes liberal democratic justificatory vocabularies.

Keywords:

  • Keyword: toleration
  • Keyword: repressive tolerance
  • Keyword: Marcuse
  • Keyword: Forst
  • Keyword: authoritarianism

How to Cite:

Risse, M., (2026) “Vindictive Tolerance: The Philosophical Anatomy of a Political Pathology”, Political Philosophy 3(2). doi: https://doi.org/10.16995/pp.30207

Vindictive Tolerance: The Philosophical Anatomy of a Political Pathology

Mathias Risse

Philosophy and Public Policy, Harvard University, US

I. THE PHILOSOPHICAL PROBLEM

From its origins in the religious controversies of early modern Europe, through its systematic development in Locke, Bayle, or Mill to its contemporary articulation in terms of rights, pluralism, or democratic legitimacy, toleration has been among the organizing concepts of liberal thought.1 Both theoretically and practically, its function has been to mark out a space of acceptable difference — a space within which disagreement can exist without requiring coercion, and within which human convictions and practices can unfold without systematic repression.

But concepts, once in circulation, can be put to uses that betray their original purposes. The concept of toleration is especially vulnerable to such betrayal, for reasons philosophers of toleration have long recognized: toleration is a “normatively dependent concept.”2 It does not carry its justification within itself but requires external normative resources — moral, political, epistemological — to determine what should be tolerated, why, and within what limits. This dependence creates an opening for manipulation. A political actor who controls the normative vocabulary — who can determine what counts as tolerance, who counts as tolerant, and who must be excluded from the protection offered by tolerance as a threat to tolerance itself — wields considerable power. Such power can be exercised under the cover of the very values it undermines.

I introduce the concept of vindictive tolerance to name a version of this phenomenon and to analyze its structure.3 “Vindictive tolerance” designates a characteristic form of political practice in which the language and institutional apparatus of tolerance — together with the adjacent values of democracy, human rights, or rule of law — are deployed not to protect genuine pluralism and dissent. Instead, they are deployed to punish opponents of the dominant order, which presents itself as the authentic defender of those values. Vindictive tolerance treats opponents within the system as opponents of the system.4

I call the phenomenon “vindictive tolerance” because it is marked by punitive enforcement performed as righteous defense: a disproportionate response to a purported threat, enacted in an affective register of vindication. The term also distinguishes the phenomenon from Marcuse’s repressive tolerance: where repressive tolerance neutralizes, vindictive tolerance punishes.5

One might object that “vindictive tolerance” is misnamed because no actual tolerance is practiced. But “tolerance” in “vindictive tolerance” refers to the self-presentation of the practice rather than to the actual character of what is done. The dominant actor presents itself as defending tolerance, democracy, and human rights; its punitive actions are performed under that banner. The name captures this performative dimension, which is analytically central to the concept. In this respect the naming follows the very logic of Marcuse’s “repressive tolerance” — which does involve the practicing of tolerance (of sorts) but is not named for what tolerance actually accomplishes but for what tolerance claims to do while serving repression. In both cases, “tolerance” captures the claim being made, not the practice actually being performed — which is captured by the adjective (repressive, vindictive).

The analysis proceeds from a liberal-egalitarian (respect-based) conception of toleration, on which those within the domain of legitimate disagreement retain standing as free and equal interlocutors. That assumption is not meant to be neutral across all conceptions; it is meant to make visible a distinctive wrong: the use of tolerance-talk to strip opponents of the standing that liberal-democratic toleration is supposed to secure. A thinner, purely structural conception risks redescribing the phenomenon as mere “limit-setting” and thereby obscuring the specific inversion at issue.

Sections II-IV develop the conceptual framework: the architecture of toleration, Marcuse’s analysis of repressive tolerance, and the relationship between the two concepts, including a defense of why the toleration framework is indispensable for analyzing the specific mechanism vindictive tolerance deploys. Sections V and VI analyze its internal structure and its exploitation of the paradoxes of toleration. Section VII situates the concept in broader social and political philosophy, and sections VIII and IX examine its scope, limits, and stakes.

The concept is developed through examples from the second Trump administration — set out immediately below — though section VIII demonstrates its application across the political spectrum. First, following his inauguration in January 2025, Trump moved quickly to fulfill his promise of retribution against a long list of individuals and organizations, from political opponents, news organizations, and former government officials to international student protesters and law firms.6 The administration used a vast array of powers to launch investigations, in the name of allegedly ending the weaponization of the justice system. The administration presented itself as the protector of the rule of law, essential to a tolerant society, and went after its opponents for violating its spirit or letter.

Second, numerous practices under the heading of “Diversity, Equity, and Inclusion” (DEI) came under scrutiny for potentially violating civil rights laws.7 These practices range from preferential treatment in hiring or admissions for individuals from specific underrepresented groups or designated offices at companies or universities to look after individuals from such groups, to offering trainings that theorize racial dynamics. Notably, there is civil rights legislation only because the U.S. has tried to overcome a history of discrimination on the basis of race, color, religion, sex, disability, etc. Still, the Trump administration presented itself as protector of the value of non-discrimination, also essential to a tolerant society — going after those who acted in the spirit of civil rights legislation.

Third, Trump continued to insist the 2020 presidential election was stolen from him. The claim has failed to have noticeable success in court.8 Still, the administration threatened retaliatory action against certain election officials, civic groups that mobilize voters, and other entities that protect elections and the rule of law.9 The administration presented itself as defender of democracy — a precondition of any genuinely tolerant political order — while depicting as conspirators the very actors who sought to maintain democracy.

Fourth, at least since Vice President JD Vance’s high-profile speech at the 2025 Munich Security Conference, the administration dismissed terms like misinformation or disinformation as “Soviet-era words” designed to stifle discourse.10 They were dismissive of efforts elsewhere to safeguard democracies. Germany and other countries in Europe tried to learn from civilizational breakdown during the Nazi era. Brazil saw an attack on its democracy on January 8, 2023, parallel to what happened in DC on January 6, 2021. Brazil has been targeted with tariffs for alleged human rights abuses for its efforts at curtailing anti-democratic tendencies.11 The U.S. government presented itself as the guardian of democratic discourse while sanctioning those who defend democracies.

In each case, the values invoked to justify punitive action — non-discrimination, electoral integrity, rule of law, free democratic discourse — are presented not as alternatives to tolerance but as constitutive of what a tolerant society requires. It is precisely this self-presentation that makes these cases instances of vindictive tolerance rather than merely of political hypocrisy or ideological manipulation: the punitive action is performed in the name of the very normative framework that toleration is meant to protect.

These examples are drawn from the Trump administration because its practices display the phenomenon in a particularly clear and well-documented form. But as section VIII demonstrates, vindictive tolerance is not an exclusively right-wing pathology. The structural mechanism identified in sections V and VI — normative inversion, false identification of opponents as belonging in the rejection domain, and the performative contradiction of invoking tolerance while denying its conditions — has been practiced across the political spectrum, from communist states to contemporary illiberal democracies of both the nationalist right and the populist left.

II. THE ARCHITECTURE OF TOLERATION: CONCEPTUAL RESOURCES

Toleration, at the level of the concept, involves three essential components.12 The first is the objection component: the tolerated belief, practice, or identity must be one the tolerating party actually finds objectionable — wrong, false, or in some other important way bad. This is what distinguishes toleration from indifference or affirmation. One does not tolerate what one is neutral about or approves of; toleration is acceptance of something one has reasons to object to.13 The second is the acceptance component: there are reasons — moral, pragmatic, epistemological, religious — weighty enough to override the objection in relevant contexts, making interference all-things-considered unjustified (or impermissible) under the relevant political-moral standards.14 The third is the rejection component: toleration has limits. There is a point where reasons for prohibition outweigh reasons for acceptance, defining the domain of the genuinely intolerable. These three components generate three normative realms: the realm of what one agrees with, the realm of the tolerable (objectionable but acceptable), and the realm of the intolerable.

A further component is often treated as implicit but should be made explicit because it matters for what follows: the power (or capacity) component. Toleration is not merely an attitude; it is a political relation. A party tolerates only if it is in a position to interfere — through law, institutional authority, economic leverage, or social power — and nonetheless forbears within the toleration domain. Without some capacity to interfere, “toleration” collapses into mere acquiescence or impotence. Making this power component explicit also clarifies why vindictive tolerance is not simply rhetorical posturing. Vindictive tolerance is a political pathology in which the coercive and administrative capacities that make toleration possible — investigation, sanction, exclusion, licensing, procurement, funding, discipline — are deployed against opponents while being presented as the defense of tolerance itself.

As noted in section I, my analysis assumes a liberal-egalitarian (respect-based) conception of toleration, on which tolerated parties are owed standing as free and equal interlocutors; that choice is revisited in section VIII. What is crucial for the analysis of vindictive tolerance is that these three components and the three normative realms they define are each subject to manipulation by political actors. The objection component can be artificially inflated, so that positions that belong in the second realm (on the liberal-egalitarian conception: legitimate disagreement) are presented as belonging in the third realm of the intolerable. The acceptance component can be hollowed out, made rhetorical rather than genuine, so that the appearance of tolerating disagreement is maintained while the practical reality is suppression. And the rejection component can be gerrymandered, drawn to exclude opponents rather than genuinely intolerable practices or positions.

Rainer Forst and other philosophers of toleration have identified three paradoxes of toleration that are relevant to understanding how vindictive tolerance works.15 The first, the “paradox of the tolerant racist,” concerns the objection component: it shows that an objection must be “reasonable in a minimal sense” for toleration to be a coherent virtue in the first place. A morally indefensible prejudice cannot ground a genuine act of tolerance, however carefully it is restrained.

The second, the “paradox of moral tolerance,” concerns the acceptance component: it asks how it can be morally required to tolerate what is morally wrong, and resolves this by requiring a distinction between different orders of reasons. At the first-order level one may judge a practice morally wrong, but at a higher level — the level of autonomy, pluralism, or epistemic humility — one recognizes that prohibition would itself be wrong.

The third, and the one most directly important for vindictive tolerance, is the “paradox of drawing the limits.”16 This paradox is inherent in the widely held principle that tolerance need not — perhaps cannot — extend to the intolerant. The characterization of certain groups as intolerant is often itself a result of one-sidedness (and thus of intolerance). This paradox can only be overcome by distinguishing those who deny tolerance as a norm (genuinely beyond limits) from those who refuse to tolerate such a denial (appropriately limiting tolerance to protect it). In contrast to any effort of overcoming this paradox, vindictive tolerance instead exploits it systematically: it characterizes political opponents as intolerant, as enemies of democracy, human rights, and tolerance itself — thereby legitimating intolerance toward them, while the actually intolerant actor presents itself as defender of tolerance.

What also matters for our purposes is that Forst has distinguished four conceptions of toleration that are useful for locating vindictive tolerance in the landscape of political practice.17 The “permission conception” is the most hierarchical: an authority or majority permits a minority to live according to its beliefs, within limits set by the authority. The “coexistence conception” is a horizontal modus vivendi among roughly equal powers. The “respect conception” involves recognizing one another as moral and political equals, even across deep ethical disagreement. The “esteem conception” goes further, requiring a kind of positive valuation of the tolerated party’s beliefs and practices.

Contemporary liberalism tends to favor the respect conception as the most appropriate for pluralistic societies governed under norms of equal citizenship. Vindictive tolerance exploits the vocabulary of the respect or even esteem conception while actually operating within the logic of what one might call an “inverted permission” conception: the dominant power deploys language of mutual respect and equal rights while structuring the political field so that opponents are systematically disadvantaged, threatened, or punished. The inversion consists in this: where the standard permission conception deploys tolerance vocabulary to grant minorities protected space within limits the dominant power sets, the inverted version deploys such vocabulary to withdraw that protection — presenting the withdrawal as required by the very values of mutual respect the permission conception means to honor. The gap between claimed conception (respect) and operative conception (inverted permission) is the structural space within which vindictive tolerance functions.

One further contribution from the philosophical discussion of toleration deserves emphasis before turning to Marcuse. Wendy Brown’s critical theory of toleration argues that tolerance discourse in liberal societies functions as a form of power. Such discourse disciplines and governs, marking certain practices and identities as requiring tolerance, and therefore as deviant or problematic, while naturalizing others.18 For Brown, to be “tolerated” is not simply to be protected but to be categorized as different in ways that reinforce the normativity of the dominant group. Vindictive tolerance extends this insight: not only does tolerance discourse regulate and discipline through acts of tolerating, it can be weaponized so that accusations of intolerance become disciplinary instruments. Opponents would be marked as dangerous and their punishment would be characterized as legitimate. Where Brown shows tolerance as subtly exercising power through inclusion, vindictive tolerance operates by exclusion in the name of tolerance.

III. REPRESSIVE TOLERANCE: MARCUSE’S ANALYSIS

I develop the notion of vindictive tolerance in conceptual contrast to and in critical dialogue with Marcuse’s notion of “repressive tolerance,” offered in his 1965 essay of that name and sharpened in a 1968 Postscript.19 For what follows, then, we need a good grasp of Marcuse’s concept. Marcuse begins with a structural observation about tolerance in advanced industrial society. Formal or “pure” tolerance — equal treatment of all viewpoints, the guarantee that all positions may be heard and considered — does not function as a liberating force but as a mechanism of containment. Formal equality of tolerance is always already embedded in structures of material and cultural inequality that determine which voices will be heard, which positions will be taken seriously, and which alternatives will be genuinely available for consideration.

The marketplace of ideas, Marcuse argues, is not a level playing field: it is organized by concentrations of media power, structures of cultural indoctrination, and saturation of public discourse with the perspectives and interests of the dominant order.20 Within this structure, the formal guarantee that all positions may be expressed means, in practice, that radical alternatives are expressed but not genuinely heard. Such alternatives are heard only through the filter of a pre-established framework of meaning that renders them either incomprehensible or assimilable to the dominant perspective.

The telos of tolerance, as Marcuse insists, is truth. This claim, drawn from the tradition of liberal toleration, is turned against that tradition.21 If the purpose of tolerance is to enable deliberation toward truth, then a form of tolerance that systematically prevents such deliberation, that keeps alternatives formally available while making them effectively unavailable, betrays its own purpose. Tolerance of sorts is being practiced, but it is tolerance without its telos — and thus not real tolerance at all, but its repressive simulacrum. What one might call an Orwellian language argument is central to Marcuse’s analysis. Marcuse argues that in advanced industrial society, political language undergoes a process of semantic stabilization through which the meaning of key terms is fixed by the dominant power. Antitheses are absorbed into theses: “preparing for war is working for peace.” The very words through which opposition might be expressed are preemptively captured and redirected. This is not a conspiracy but a structural feature of a society where means of communication are concentrated and integrated into the dominant order.22 As a result, dissent is blocked not by prohibition but by comprehension: the radical critique is translated, by the dominant interpretive framework, into something agreeable to the status quo.

This diagnosis leads to Marcuse’s most controversial claim: that the liberating function of tolerance requires discriminating treatment. Genuine, liberating tolerance would be, as he puts it, “intolerant toward the protagonists of the repressive status quo” and tolerant toward movements that seek real emancipation. What “liberating tolerance,” then, would mean to him is “intolerance against movements from the Right and toleration of movements from the Left.”23 He argues for withdrawal of tolerance from movements and positions that are demonstrably regressive by promoting aggression, exploitation, or perpetual domination.

This does not mean some authority should simply decide what is regressive: Marcuse is aware of the obvious objection that his proposal would reproduce under a new umbrella the very authoritarian logic he opposes. To him, the distinction between progressive and regressive is not a value preference but a matter of rational analysis: direction of emancipation, reduction of suffering, and extension of genuine autonomy can be identified on empirical grounds even if not with certainty.

In the 1968 Postscript, Marcuse sharpens his argument in ways that bear on the concept of vindictive tolerance. He responds to the criticism that the essay provided insufficient guidance for practice and that its proposal for discriminating intolerance was dangerously elitist. Marcuse emphasizes the self-perpetuating character of the democratic majority in a society where public opinion is formed under conditions of concentrated media power and structural indoctrination. Such a majority is “closed” in the sense that it repels a priori any change other than changes within the system. The ideology of democracy — the claim that the existing majority represents the general will — “hides its lack of substance.” The Left lacks equal access to means of persuasion not because of conspiracy but because, in the logic of capital, it lacks purchasing power. This structural inequality means that formal equal treatment of all positions favors the established order.

Three features of Marcuse’s analysis serve as the contrast class for what follows: repressive tolerance is structural rather than agentive in mechanism, it operates through absorption and neutralization rather than punishment, and it is diagnostic in intent rather than prescriptive.24

IV. FROM REPRESSIVE TO VINDICTIVE: THE LOGICAL RELATIONSHIP

Vindictive tolerance and repressive tolerance belong to the same genus: both are forms of political practice in which the vocabulary of tolerance protects the dominant order rather than create conditions for genuine pluralism and dissent. In both cases, the formal commitment to tolerance legitimates political arrangements that are substantively intolerant of transformative challenge. In both cases, invocation of tolerance forecloses rather than opens political alternatives. This shared structure is what the concept of “normative capture” designates: seizure of the normative vocabulary of emancipation and its redirection as a tool of domination. Understanding what normative capture involves, and how the two concepts instantiate it differently, is the task of this section.

Normative capture designates the process by which a particular normative vocabulary — a set of terms, concepts, and principles designed to constrain power and protect the vulnerable — is seized by a dominant actor to serve the interests of that actor instead. Three features of this process are worth distinguishing. The first is the vocabulary itself: what is captured is not merely words but a set of normative relationships among words — the inferential structure through which, for example, “discrimination” licenses “protection,” or “democratic legitimacy” licenses “political authority.” The same word may license opposite conclusions depending on who controls its meaning. Marcuse’s semantic stabilization is one mechanism of this control; deliberate legal reinterpretation of civil rights statutes is another.

The second feature is the capture condition: normative capture requires not only use of captured vocabulary by the dominant actor but degradation of that vocabulary’s availability for those who would use it critically. This is why “capture” is the right term rather than, say, “misuse” or “distortion.” A political culture where “civil rights” reliably sounds like coded attacks on merit or “democracy” sounds like a partisan slogan, is one in which vocabulary has been captured in this sense — made unavailable as neutral resource for critique. The third feature is the stabilization condition: normative capture is not a momentary act but a process that achieves stability only when captured meanings are internalized sufficiently broadly that deploying vocabulary in its uncaptured sense requires explanation and justification. At this point — which Gramsci would describe as a condition of hegemony, as we discuss below — the capture is complete: the dominant actor’s semantic framework has become the common framework. Those who resist appear to be special pleaders rather than guardians of the vocabulary’s original meaning.

Repressive tolerance operates at the level of structural capture: mechanisms of media concentration or cultural indoctrination produce the stabilization condition without deliberate coordination. Vindictive tolerance operates at the level of agentive capture: specific actors exploit the vulnerability to capture that normative vocabularies share, using institutional power to accelerate and weaponize the stabilization process. Both are forms of normative capture; they differ in the mechanism and the degree of intention involved.

Repressive tolerance works primarily through structural absorption: radical critique is allowed to exist, is even formally welcomed, but is neutralized by systemic filters of indoctrination, media concentration, and semantic predetermination. No individual needs to intend the repression; it is built into the structure. Agents of repressive tolerance might be sincere in their commitment to tolerance as a value. Their sincerity is irrelevant since repression is structural rather than agentive. Vindictive tolerance, by contrast, involves a higher degree of deliberate instrumentalization. It is not merely that structural conditions render tolerance repressive; it is that specific actors deploy the language of tolerance, rights, and democracy as a weapon, in a manner that is punitive rather than protective. The deliberateness is not necessarily a matter of conscious hypocrisy (though it might be) but is rather a characteristic political style, a way of exercising power that works through inversion and weaponization of normative vocabulary that should constrain it. Where repressive tolerance neutralizes through absorption, vindictive tolerance punishes through inversion. Where repressive tolerance keeps radical alternatives harmless by allowing them to exist without real effect, vindictive tolerance attacks them by recategorizing them as the true threat to tolerance.

This difference in mechanism produces a difference in political phenomenology. Repressive tolerance, as Marcuse diagnoses it, is difficult to perceive from within: indoctrinated subjects experience the repressive system as tolerant. After all, the repression operates at the level of what can be thought and said, not merely at the level of what is permitted. Vindictive tolerance, by contrast, is perceptible — and designed to be so. Its message is: we are the defenders of tolerance; our opponents are its enemies. This message is meant to be heard and internalized. The goal is not absorption of alternatives into the dominant framework but delegitimization of alternatives as threats to the framework itself.

A temporal dimension to the relationship between the two concepts is worth noting. Marcuse wrote “Repressive Tolerance” in 1965, and his analysis is diagnostic of a liberal democratic system in a condition of relative stability — one in which the Left’s transformative potential is contained without overt repression. His 1972 book Counterrevolution and Revolt sharpened the analysis in the direction of what he called “preventive counterrevolution:” a pre-emptive mobilization against revolutionary possibilities before they could crystallize.25 Vindictive tolerance goes further still: it does not characterize a system defending itself against the possibility of radical change, but a political movement dismantling emancipatory achievements already made. Vindictive tolerance reverses legal and institutional gains in the name of values those gains were meant to realize.

The temporal distinction also helps clarify why vindictive tolerance is not reducible to hypocrisy. Hypocrisy is a defect in an agent’s relation to professed commitments; vindictive tolerance is a political mechanism that can operate even when participants are sincere. Its distinctive harm is not merely inconsistency but weaponization of justificatory vocabulary — tolerance, rights, rule of law, democracy — in ways that undermine opponents’ standing to demand justification and progressively degrade those norms as critical resources.

One might ask whether “vindictive tolerance” could simply be replaced throughout with a more general description — “the vindictive use of the language of democracy,” or “normative capture of liberal vocabulary” — without loss of content. The response is that the toleration framework adds analytical structure that general descriptions of normative capture cannot supply. First, the three-component model of toleration — objection, acceptance, rejection — provides vocabulary for locating the mechanism of inversion. Vindictive tolerance does not merely deploy the language of tolerance opportunistically; it exploits the structural relationship among these three components, collapsing the acceptance domain (legitimate disagreement) into the rejection domain (the genuinely intolerable) for opponents while maintaining or expanding it for allies. This asymmetric collapse is the mechanism, and it is visible through the component structure in a way no general description of normative manipulation could make equally clear.

Second, the four conceptions of toleration — permission, coexistence, respect, esteem — allow identification of the gap between claimed and operative practice that is the structural space of vindictive tolerance. The dominant actor claims to operate within the respect or esteem conception while actually deploying an inverted permission conception. Naming this gap requires the conceptual map the toleration literature provides. Without it, one can say the actor is hypocritical or inconsistent; with it, one can describe the specific deception being performed.

Third, and most importantly, the toleration framework makes visible the exploitation of the paradox of drawing the limits, which is at the core of how vindictive tolerance seeks to generate legitimacy. The paradox — tolerance cannot in principle extend to the intolerant — creates a structural vulnerability that vindictive tolerance exploits: by characterizing political opponents as genuinely intolerant, it positions itself as legitimate enforcer of the principle that tolerance is self-undermining when extended to those who would destroy it. This move cannot be made without the toleration framework and cannot be diagnosed without understanding the structure of that paradox.

Vindictive tolerance is not merely the misclassification of reasonable opponents as unreasonable. It often overlaps with that Rawlsian-looking pattern, but it is structurally more specific. The distinctive lever exploited by vindictive tolerance is internal to the toleration framework: the principle — widely accepted in liberal democracies — that tolerance need not, and perhaps cannot, extend to the intolerant. Vindictive tolerance weaponizes this principle by reclassifying ordinary opposition in the acceptance domain as rejection-domain enemies of tolerance itself, and then presenting coercion as an internally required act of democratic self-defense. That move is not captured by the vocabulary of “reasonable versus unreasonable” alone. Its force derives from the toleration framework’s own limit-setting logic: “your own commitment to tolerance requires you to accept my coercion, because I have classified you as beyond tolerance’s limits.” This is why the toleration architecture, and especially the paradox of drawing the limits, is doing essential work here.

Still, one version of the substitution objection goes deeper than the original form. Even granting a liberal egalitarian conception of toleration, one might argue, the concept reduces to the observation that vindictive tolerance portrays those who accept liberal democracy as rejecting it — and the real work is then done by the deliberate corruption of normative language, not by the toleration framework specifically. Vindictive tolerance exploits a structural vulnerability internal to liberal democratic norms rather than attacking those norms from outside. The paradox of drawing the limits — the dangerous instability that arises from the widely held principle that tolerance need not extend to the intolerant — creates a logical opening: anyone who controls the categorization of genuine intolerability gains leverage no purely external language manipulator possesses. The vindictive actor is not merely saying “your words now mean what I say they mean.” The vindictive actor is saying “your own normative commitments — the ones you hold — require you to accept that I may act against you, because those commitments themselves generate the principle that tolerance need not tolerate its destroyers, and I have classified you as such a destroyer.”

This move is internally binding in a way pure corruption of language is not. It does not merely corrupt vocabulary; it weaponizes the target’s normative framework against them using a logical structure that framework itself contains. No general theory of manipulation of language or normative capture can describe this mechanism. The force of the mechanism derives specifically from the internal logic of the toleration framework — the inferential structure of the paradox of drawing the limits — rather than from distortion of language as such. This is what the concept of vindictive tolerance adds that the concept of language corruption cannot supply.

V. THE INTERNAL STRUCTURE OF VINDICTIVE TOLERANCE

The core mechanism of vindictive tolerance is normative inversion: systematic redeployment of normative vocabulary designed to protect the vulnerable and constrain power, so that it protects power and constrains the vulnerable.

A terminological clarification is in order. Normative capture, as defined in section IV designates the process by which emancipatory vocabulary is seized and redirected by dominant actors — the condition vindictive tolerance both exploits and, at its most successful, produces. Normative inversion designates mechanism by which vindictive tolerance brings that condition about: systematic redeployment, across multiple dimensions simultaneously, of vocabulary designed to protect the vulnerable so that it instead constrains them. Capture names the result; inversion names the means.

Inversion operates across several dimensions at once. The “vindictive” aspect is not merely motivational: punishment is publicly staged as deserved defense, so that suffering imposed on opponents is itself offered as evidence that they were beyond the bounds of toleration. The five dimensions that follow all presuppose the power component identified in section II: it is because the actor commands coercive and administrative capacity — investigation, sanction, exclusion, funding, licensing — that the rhetorical inversions described below become instruments of punishment rather than mere political speech.

First, there is the inversion of the objection-acceptance-rejection structure of toleration. In genuine toleration, political actors find positions or practices objectionable but have reasons — epistemic, moral, political — to accept them nonetheless, reserving rejection for positions that cross a threshold of real intolerability. In vindictive tolerance, this structure is maintained at the level of rhetoric but inverted in practice. The actor claims to operate from genuine acceptance of disagreement, to endorse values of tolerance and pluralism. But in reality, actors systematically recategorize opponents as belonging in the rejection domain (as genuine threats to tolerance, democracy, human rights) rather than the acceptance domain (legitimate disagreement). As a result, the second realm — the space of the tolerable, of legitimate dissent — collapses in the direction of the third (the intolerable) for opponents, while being maintained or even expanded for allies and supporters.

Second, there is the inversion of the direction of legitimation. In the standard account of the permission conception of toleration, the powerful legitimate themselves by demonstrating that they tolerate dissent. In practice, the permission conception has often functioned as a strategy of legitimation for dominant groups: “we are tolerant; we permit you to live as you wish within limits we set.” Vindictive tolerance inverts this familiar pattern. The claim is no longer “we tolerate our opponents,” but “we defend tolerance against our opponents.” It is this move that transforms tolerance from a constraint on power into a weapon of power.26

Third, there is an Orwellian semantic dimension Marcuse identifies in repressive tolerance, now operating at an accelerated pace and with deliberate intention. The vocabulary of tolerance, rights, and democracy is stabilized in a meaning determined by the dominant power. Using it accurately to describe what is happening becomes difficult. To say the government persecutes opponents is an accusation of authoritarianism; to say the government protects civil rights against those who would violate them is a defense of tolerance. The same events can be described in both vocabularies, and the dominant power controls public communication sufficiently that its vocabulary tends to prevail.27

Fourth, vindictive tolerance involves what we might call a performative contradiction of tolerance. A performative contradiction occurs when an act contradicts the normative presuppositions of the type of act it purports to be.28 To engage in tolerant practice is to presuppose that the tolerated party has some standing as a genuine interlocutor, that their positions deserve a real hearing even if ultimately rejected. Vindictive tolerance performs tolerance — deploys its vocabulary, invokes its values, claims its authority — while systematically denying this presupposition. This performative contradiction is not incidental but essential: it is because the contradiction is performed in the language of tolerance that vindictive tolerance achieves its characteristic effect of delegitimating opponents while maintaining the appearance of principled action.

Fifth, vindictive tolerance involves a specific form of epistemic injustice. The concept of epistemic injustice, as developed by Miranda Fricker, refers to harms done to people in their capacities as knowers and communicators.29 Testimonial injustice involves discounting someone’s testimony because of prejudice about the credibility of the source; hermeneutical injustice involves the absence of the interpretive resources needed to make sense of one’s experience. Vindictive tolerance operates through both forms. It discounts testimony of opponents — their accounts of being persecuted, silenced, or discriminated against — by labeling those accounts as bad faith or conspiracy. It corrupts hermeneutical resources available for understanding what is happening: when vocabulary of tolerance, rights, and democracy is captured by the dominant power and redirected against dissent, the very concepts needed to articulate the harm done by vindictive tolerance are made suspect.

A brief comparative example helps show that the mechanism is not specific to one movement or one national context. Consider the German Democratic Republic’s (GDR’s) official description of the Berlin Wall as an “anti-fascist protective wall.” The Orwellian semantic move is obvious: coercive confinement is presented as defense against oppression. But the vindictive-tolerance structure is deeper than the slogan. The objection-acceptance–rejection architecture is inverted: dissenters and would-be emigrants — who could have been treated as political opponents within a shared society — are reclassified into the rejection domain as enemies of anti-fascism and therefore enemies of legitimate order.30

The direction of legitimation is inverted as well: the regime presents itself not as merely exercising power but as protecting the very possibility of emancipatory politics against those who would destroy it. The performative contradiction is acute: a state that claims to defend democracy and liberation denies the standing of opponents as interlocutors whose claims could be heard and answered. Finally, the epistemic dimension mirrors what vindictive tolerance produces elsewhere: vocabulary required to describe coercion as coercion is made suspect while those who name repression are treated as evidence of the threat. The point of the example is not to collapse liberal-democratic and one-party contexts into the same category. The point is that the same structural template — punitive exclusion performed as defense of an emancipatory norm — can be filled by different vocabularies (“tolerance,” “anti-fascism,” “people’s democracy”), depending on the regime’s legitimating repertoire.

Recall now the DEI example. What makes this case paradigmatically vindictive rather than merely hypocritical or legally contestable is the simultaneous operation of all five dimensions identified above. At the level of the objection-acceptance-rejection structure, practices designed to redress historical discrimination — practices that, on the liberal egalitarian conception deployed throughout this article, belong in the domain of the tolerable just because they address ongoing structural disadvantage rather than imposing it, and that the state has reason to accept even if their precise form is debatable — are recategorized as belonging in the rejection domain, as violations of the very non-discrimination principle they sought to advance. The inversion of legitimation is equally clear: rather than claiming to tolerate diverse approaches to equity, the administration presents itself as the authentic defender of civil rights against those who pervert them. The Orwellian semantic dimension operates through stabilization of “non-discrimination” to mean formal color-blindness rather than the substantive equality the legislation was designed to achieve, making it genuinely difficult to describe the action accurately without sounding partisan.

The performative contradiction is particularly acute: the administration invokes its commitment to equal treatment while denying that the historical conditions making differential treatment necessary have any continuing normative relevance — a denial that presupposes the very standing of some citizens as equal interlocutors that equal treatment is meant to guarantee. And the epistemic injustice is double: testimony of those who experience the rollback as discriminatory is dismissed as ideological. Hermeneutical vocabulary — systemic racism, structural disadvantage — through which that experience might be articulated is categorized as the problem.

The election-integrity example illuminates a different dimension. Here the normative inversion targets the paradox of drawing the limits with particular directness: those who have maintained and defended the democratic process are recategorized as conspirators against democracy; those who sought to overturn electoral results present themselves as its protectors. What is distinctive is the temporal inversion: vindictive tolerance reverses the causal and normative order of events, so that the defense of an outcome becomes the attack on it, and the attack on an outcome becomes its defense. The performative contradiction operates in an especially acute form: to invoke democracy as the justification for targeting those who defended it is to perform democratic vocabulary while denying its conditions of applicability.

The retribution example and the disinformation example similarly instantiate the pattern, though in ways that differ in emphasis. What unites all four cases — and what the five-dimensional framework makes visible — is that normative inversion operates simultaneously across all five dimensions, each reinforcing the others. It is this interlocking character that distinguishes vindictive tolerance from ordinary political inconsistency: the inversion is difficult to contest from any single angle precisely because every angle of approach has itself been inverted.

VI. VINDICTIVE TOLERANCE AND THE PARADOXES OF TOLERATION

The previous section analyzed the internal structure of vindictive tolerance by identifying the five dimensions along which normative inversion operates — describing, in effect, what vindictive tolerance does mechanically. This section examines how vindictive tolerance achieves philosophical legitimacy by exploiting vulnerabilities internal to the toleration framework itself. The paradoxes are not merely coincidental features of the toleration literature; they are specific structural instabilities that vindictive tolerance exploits precisely because they are real philosophical difficulties with no purely formal resolution.

Recall that the paradox of the tolerant racist concerns the structure of the objection component: an objection must be “reasonable in a minimal sense” for it to ground a real act of tolerance. If the objection rests on irrational prejudice, then restraining that prejudice does not constitute tolerance as a virtue. Vindictive tolerance exploits this structure by presenting its punitive actions as instances of a reasonable objection being appropriately acted upon. The opponents are not merely people with different views; they are bigots, threats to civil rights, enemies of democracy. Once this characterization is accepted, punitive action does not look like intolerance but like a reasonable response to a real threat — action in the rejection domain (against the genuinely intolerable) rather than in the acceptance domain (against legitimate disagreement). The characterization of the objection as reasonable is central to the legitimating work vindictive tolerance performs.

The paradox of moral tolerance — that it can be morally required to tolerate what is morally wrong — concerns the acceptance component and requires distinguishing between different orders of moral reasons. The resolution is that reasons for acceptance must be of a higher order than reasons for objection. Vindictive tolerance disrupts this structure by systematically collapsing the distinction between orders of reasons. The DEI case in section V illustrates this: when civil rights law is deployed against affirmative-action programs designed to advance civil rights, the first-order principle of non-discrimination is made to do double duty, serving simultaneously as objection to the tolerated practice and as justification for its prohibition, leaving no higher-order reason available to protect the practice from rejection. What the five-dimensional analysis showed mechanically — the hollowing out of the acceptance component — the paradox of moral tolerance analysis shows structurally: the acceptance component is not merely ignored but collapsed, made to serve the rejection it was meant to prevent. This is not a logical error but a deliberate manipulation of the normative landscape.31

It is the paradox of drawing the limits that is most directly exploited by vindictive tolerance. This paradox holds that the principle of no tolerance for the intolerant is potentially dangerous because the identification of certain groups as intolerant is itself a potentially intolerant act. The philosophical solution distinguishes between those who deny tolerance as a norm (genuinely beyond the limits) and those who refuse to tolerate such denial (appropriately limiting tolerance to protect it). Vindictive tolerance exploits the space this distinction opens up. By claiming its opponents are in the first category — that they are the real enemies of tolerance, democracy, and human rights — it positions itself in the second and legitimates its punitive actions as necessary exercises of the principle that tolerance of the intolerant is self-undermining. The crucial move is false identification: presenting opponents whose positions belong in the domain of legitimate disagreement as if they belonged in the domain of genuine intolerance.

What the analysis of the paradox adds to what section IV established about the toleration framework’s indispensability is a more precise diagnosis of why false identification is so hard to contest. Because the paradox of drawing the limits cannot be resolved by any purely formal criterion — because the distinction between actual enemies of tolerance and those falsely presented as such is always contestable on the merits — vindictive tolerance colonizes precisely this contestability. It presents false identification as the kind of judgment the paradox demands, and it presents those who contest the identification as demonstrating, by their very resistance, that they belong in the rejection domain after all. The act of contesting the classification confirms it.

VII. WIDER CONNECTIONS IN SOCIAL AND POLITICAL PHILOSOPHY

The connections developed in this section illuminate a different dimension of how vindictive tolerance sustains itself against critique and resistance. Together they explain not merely what vindictive tolerance does — that is the task of section V — but why it is so difficult to perceive, name, and contest once established.

The most direct structural connection is to Carl Schmitt’s analysis of the political as organized by the friend/enemy distinction.32 For Schmitt, every political community ultimately defines itself through identification of its enemies — those against whom it constitutes itself as a unified subject. Liberal democracy attempts to replace that distinction with a framework of equal rights and rule of law within which all citizens are members of a common community. Vindictive tolerance is the return of Schmittian logic within that framework: the “enemy” is identified not as an external power but as the internal enemy of tolerance, rights, and democracy — the actor who “weaponizes” civil rights, undermines democratic institutions, or conspires against rule of law. By deploying this identification, political actors exploit resources of liberal democratic normativity to perform what is structurally a Schmittian move: constructing a friend/enemy distinction that legitimates exclusion of opponents from protection of norms they are accused of violating.

One objection is that the connection is unnecessary — that this dynamic can be described without reference to an author whose own politics were indefensible. But Schmitt is cited not as an authority but as a diagnostician: his analysis names the exclusionary structure vindictive tolerance enacts while claiming to repudiate it. Schmitt and Forst stand in diagnostic dialectic here: Schmitt identifies the structure vindictive tolerance practices; Forst identifies the right it thereby violates.33 That right is Forst’s right to justification: every person’s basic moral and political entitlement to demand that norms binding on them be justified with reasons reciprocally acceptable to all as free and equal persons. Vindictive tolerance violates this right insidiously: it does not merely fail to provide adequate justifications for coercive action but corrupts the process of justification by deploying its very vocabulary — rights, democracy, rule of law — as a weapon against those who demand it. The person who asks why their organization is being targeted, their funding cut, their speech restricted, is told they are the enemy of the rule of law and a threat to democracy. Demands for justification are themselves recategorized as acts of subversion.

This is what distinguishes vindictive tolerance from ordinary political bad faith. Ordinary political actors who act unjustly may simply fail to provide adequate reasons; the vindictive actor deploys the vocabulary of justification as the instrument with which justificatory demands are defeated. The question is treated as evidence of the questioner’s bad faith. This is not a failure of justification but weaponization of its vocabulary — a denial not merely of a particular right but of the standing to demand rights at all.

Identifying the structure and the specific wrong does not yet explain why the condition is durable. Here Gramsci’s concept of hegemony is essential. Hegemony is not merely cultural dominance; it is the condition in which the dominated accept the dominant normative framework as the only available standard of evaluation, so that resistance requires not merely courage but an alternative conceptual vocabulary that hegemonic conditions have already rendered suspect. This is what vindictive tolerance, at its most successful, produces. Critics who deploy the vocabulary of tolerance, rights, and democracy to resist its capture find that vocabulary already inflected with the dominant actor’s meanings — their critique arrives pre-discredited, sounding partisan rather than principled. The stabilization condition in section IV is Gramsci’s hegemony: normative capture is complete when using vocabulary in its uncaptured sense requires explanation and apology.

Where Gramsci explains how the captured framework becomes the only available standard, Foucault’s analysis of power/knowledge identifies a complementary but distinct mechanism.34 Vindictive tolerance does not merely suppress dissent or render its vocabulary unavailable but produces the category of “the genuinely intolerant,” constituting a field of normalization from which opponents emerge already intelligible only as threats rather than as interlocutors. Their punishment therefore appears not as a political choice requiring justification but as a natural consequence of what they are. This productive power explains a feature of vindictive tolerance the Forst analysis cannot fully capture: it is not merely that demands for justification are weaponized against those who make them, but that the very act of demanding justification can be made to appear as evidence of threat — insistence on being heard becomes proof that the questioners are exactly what the dominant actor declared them to be. Forst and Foucault thus converge, from different theoretical directions, on the same consequence: that under conditions of vindictive tolerance, the demand for justification — the basic political entitlement that liberal democracy holds most fundamental — is transformed into evidence of the very threat it seeks to contest.35

Finally, the concept connects to gaslighting as its complementary psychological mechanism.36 Vindictive tolerance and gaslighting are analytically distinct: the former operates at the level of institutional and normative structures. Gaslighting operates at two levels: in its interpersonal form it manipulates individual epistemic experience, inducing doubt about one’s own perceptions and judgments; as a leadership style it involves publicly accusing opponents of the very violations one is committing — a move aimed not primarily at persuading the target but at constituting the normative reality for third-party audiences, making the inversion institutionally legible before it can be contested, and thereby advancing the normative inversions vindictive tolerance performs. But they are intertwined: vindictive tolerance creates scaffolding within which gaslighting becomes credible. Without normative capture, the claim that one’s persecutors are the real victims would be obviously absurd; once the vocabulary has been partially captured, it becomes hard to distinguish persecution from defense. Gaslighting supplies the psychological mechanism through which normative inversion is stabilized at the individual level — inducing the doubt required for inverted descriptions to take hold experientially. Vindictive tolerance without gaslighting is blunt; gaslighting (both types) gives it psychologically penetrating force by making inversion feel like discovery rather than distortion.

VIII. SCOPE AND LIMITS OF THE CONCEPT

Let us reflect on the scope and limits of the notion of vindictive tolerance: the conditions under which it applies, and risks of misapplication or overextension.

The first question concerns the spectrum of application. Even though my initial examples draw on the Trump administration, vindictive tolerance is by no means an exclusively right-wing phenomenon. The concept names a political pathology that can in principle emerge wherever a political actor gains sufficient control of normative vocabulary and institutional resources to weaponize the language of tolerance against genuine dissent. The Left is capable of practicing it, and instances in which accusations of racism, transphobia, or anti-democratic attitudes have functioned to delegitimate opponents rather than engage arguments exhibit its characteristic structure.37

Three categories of example are relevant. First, within left-wing movements, the phenomenon has been documented in the operation of “cancel culture” at its most institutionally consequential.38 Cancel culture is not exhausted by informal dynamics of online opprobrium, which typically lack the institutional power required for vindictive tolerance in its full form. It includes scenarios where accusations of racism, transphobia, or anti-democratic attitudes have been deployed by actors with institutional power to defund, de-platform, or professionally destroy opponents whose positions belong in the domain of legitimate disagreement. Here, too, vocabulary of civil rights, inclusion, and democratic legitimacy is deployed not to protect the vulnerable but to punish those who challenge normative orthodoxy, while the punishing actor presents itself as defender of those values.

Second, historically, the phenomenon is visible in the practices of communist states, where vocabulary of liberation, anti-fascism, and proletarian democracy was systematically deployed to punish opponents. The GDR case in section V illustrates the extreme form: all five dimensions of normative inversion are present, filled by an anti-fascist rather than a tolerationist vocabulary. That the pathology reached its most intense expression in one-party states does not make it categorically different from its liberal-democratic variants; it marks one end of the spectrum along which the pathology operates.

Third, comparatively, the phenomenon is visible across the political spectrum in contemporary illiberal democracies. Viktor Orbán’s Hungary, prior to his electoral defeat in April 2026, offered a case on the nationalist right. The vocabulary of Christian democratic values, national sovereignty, and genuine democracy was deployed against NGOs, opposition media, and academic institutions, presented as foreign-funded enemies of the authentic Hungarian democratic tradition. But similar structures are detectable in left-populist authoritarian contexts — for instance in Venezuela under Chávez and Maduro, where the vocabulary of Bolivarian revolution, anti-imperialism, and popular democracy was deployed to delegitimate and punish opponents as U.S. agents conspiring against the people.39

What these examples across the political spectrum have in common is the structure identified in section V: normative inversion, false identification of opponents as belonging in the rejection domain of genuine intolerability, and the performative contradiction of invoking tolerance while denying its conditions. This structural identity across normative vocabularies and political orientations is what makes vindictive tolerance a general concept rather than a description of one movement’s practices. However, a structural analysis also reveals that not all positions have equal access to conditions required for vindictive tolerance in its full form. Those conditions include significant institutional power, control of relevant enforcement mechanisms, and access to vocabulary of tolerance, rights, and democracy as an instrument of political punishment. These conditions are typically met by dominant actors: governments, majorities, institutions with enforcement capacity. A minority, even one that employs vindictive rhetoric, typically lacks institutional resources to make that rhetoric an instrument of punishment or suppression.

The second and philosophically most important question concerns the boundary between vindictive tolerance and legitimate enforcement of tolerance norms. A concept that collapses this distinction would be useless — it would make it impossible to distinguish genuine defense of tolerance from weaponized versions and would thereby provide blanket immunity to accusations of intolerance. The same boundary problem arises in the tradition of defensive or militant democracy — the doctrine that liberal democracies may legitimately defend themselves against anti-democratic forces through legal and institutional means.40 The question is not whether such defensive limit-setting is ever legitimate — it often is — but how to prevent that logic from being captured. Vindictive tolerance is one name for what capture looks like: the self-defense rationale is redeployed so that ordinary opposition is redescribed as an existential threat, and coercion is presented as the internally required consequence. The three criteria proposed below operationalize conditions under which self-defense is genuine rather than captured: a truly militant defense of democracy is consistent in application, proportionate in response, and justificatory in form; vindictive tolerance characteristically fails all three.

I propose three criteria for drawing the boundary between vindictive tolerance and legitimate enforcement of tolerance norms. The first is the consistency criterion: does the actor apply the same standards to themselves or their allies as they apply to their opponents? Legitimate enforcement of tolerance norms is consistent; vindictive tolerance is selective. When civil rights law is invoked against affirmative action but not against programs that advantage the dominant group; when election integrity is raised about opposition-controlled processes but not one’s own; when misinformation is condemned from opponents but not from allies —inconsistencies reveal the partisan character of invocations of tolerance.

The second is the proportionality criterion: is the response proportionate to the actual threat to tolerance? Legitimate enforcement targets genuinely intolerant practices and positions; vindictive tolerance systematically exaggerates the threat posed by opponents, categorizing legitimate dissent as an existential danger to tolerance and democracy.

The third is the justification criterion: does the actor provide justifications — reasons that could in principle be accepted by the targeted party as free and equal persons — for the coercive action taken? Legitimate enforcement engages in justificatory discourse; vindictive tolerance uses the vocabulary of justification to shut down justificatory dialogue. These criteria are not always easy to apply in practice, but their difficulty of application does not undermine the conceptual distinction.

A fourth, institutionally grounded indicator is often useful because it is harder to satisfy by performance alone: the adjudication-routing criterion. Legitimate enforcement of norms of tolerance tends to route disputes into procedures that preserve contestability — independent adjudication, due process, and publicly reviewable reasons. Vindictive tolerance tends to route disputes into discretionary enforcement channels — selective investigation, funding leverage, licensing threats, administrative exclusion — where the point is not to justify coercion to those affected but to make contestation itself appear illegitimate. This criterion tests the justification criterion by asking whether justifications must survive independent scrutiny rather than being issued by the same authority that acts on them; the consistency criterion by making patterns of selective enforcement institutionally visible across cases and over time; and the proportionality criterion by asking whether the severity of the response — discretionary exclusion, funding leverage, administrative sanction — is constrained by procedures through which proportionality could be challenged.

One might object that a sufficiently sophisticated vindictive actor can satisfy all these criteria in its own terms. The actor deploying civil rights law against affirmative action can claim consistency (non-discrimination applies universally), proportionality (the alleged violation of equal treatment is a genuine legal and moral concern), and justificatory adequacy (legal precedent and constitutional principle are cited). If the criteria can themselves be deployed vindictively, what independent purchase do they offer? In response, two points matter. First, the criteria are not algorithms but standards that require interpretation, and that interpretation is subject to critical scrutiny. Claiming consistency is not the same as being consistent. The consistency criterion does not merely ask whether the actor claims to apply equal standards; it asks whether the actor does so across cases where institutional interests and political alliances differ. Actors who invoke civil rights law against affirmative action but not against legacy admissions preferences, donor preferences, or geographic preferences do not satisfy the consistency criterion even if they claim to do so.

A related point applies to the justification criterion. The test is not whether justifications are formally offered — a sophisticated vindictive actor will always offer them — but whether those justifications could in principle be accepted by the targeted party as a free and equal person. Justifications that are structurally unavailable for acceptance by the targeted party — because the targeted party has already been categorized as an enemy of the values being invoked — fail the criterion even when they are formally elaborate. Formal presence of justificatory language is what the concept of normative capture predicts: the vocabulary of justification is deployed, but its function is preemptive rather than genuine. The test for the justification criterion is therefore not the presence of reasons but their availability for the targeted party’s rational assessment.

Second, the objection points to a risk the analysis of vindictive tolerance must acknowledge: there is no Archimedean point from which the criteria can be applied in a manner fully immune from the distortions they are meant to diagnose. This is not a defect but the general condition of critical theory. The appropriate response is not to abandon the criteria but to apply them with the awareness that their application is a contested political and philosophical act, subject to the requirements of consistency, proportionality, and justification. A framework that acknowledges its susceptibility to capture is more robust, not less, than one that claims immunity from it.

One further consideration bears on the relationship between vindictive tolerance and Marcuse’s own proposal for “liberating intolerance.” His argument for discriminating intolerance — withdrawal of tolerance from demonstrably regressive movements — could itself be practiced vindictively. The criteria for what counts as “regressive” could be captured by a dominant power and used to delegitimate genuine dissent under the cover of progressive values. We must also face the basic reality that there is simply no self-certifying position of critique, no standpoint from which one can enforce the boundaries of toleration without oneself being subject to the same requirements. This would apply to the present analysis as well: any charge that the Trump examples in section I themselves reflect a vindictive deployment of the concept of vindictive tolerance — that labeling those practices as pathological is itself a form of normative capture — could not be dismissed by fiat but would need to be answered by the same criteria that the analysis proposes, applied honestly to the analysis itself.41

IX. CONCLUSION: THE PHILOSOPHICAL AND POLITICAL STAKES

What is at stake in the analysis of vindictive tolerance is the integrity of the normative vocabulary of liberal democracy. That vocabulary — tolerance, rights, democracy, rule of law — embodies hard-won insights about how people of different convictions, cultures, and interests can live together without systematic domination. It reflects the practical lesson, learned at enormous cost, that the alternative to tolerance is violence, and that the alternative to rights is power unconstrained. The achievement is fragile. It depends on the vocabulary remaining available as a resource for critique, for protection, and for the articulation of demands for justice, rather than being captured by dominant actors.

Vindictive tolerance is systematic exploitation of this fragility. By seizing control of this vocabulary and deploying it against the conditions of its own intelligibility and force, vindictive tolerance does not merely abuse tolerance — it corrupts the concept from within, making it progressively less available as a resource. A political culture saturated by vindictive tolerance is one in which the language of tolerance has lost its critical edge, invoking rights sounds like bad faith, and in which claims of democratic principle are met with the presumption of partisan motive.

Marcuse saw something like this danger in his analysis of repressive tolerance. His insight that tolerance can function as a mechanism of containment remains foundational. Vindictive tolerance represents an intensified and agentive version of his concern, adapted to a political moment in the United States in which the counterrevolution Marcuse worried about has become not preventive but active: a deliberate dismantling of emancipatory achievements in the name of the values those achievements were meant to realize. What the analysis developed here adds to Marcuse’s foundational insight is an account of how this dismantling achieves the appearance of legitimacy. Vindictive tolerance is not merely a more aggressive or agentive form of repressive tolerance; it is a structurally distinct phenomenon that exploits vulnerabilities internal to the liberal democratic normative framework itself. By seizing control of the limit-setting logic — the widely accepted principle that tolerance need not extend to its own destroyers — the vindictive actor transforms the targeted party’s own commitments into the justification for their punishment and transforms their resistance into confirmation of their guilt. The result is a form of political practice that is uniquely difficult to contest — not because it is powerful in the ordinary sense, but because it turns the vocabulary of contestation against those who would use it.

The philosophical analysis of vindictive tolerance is, in this light, an attempt to protect vocabulary of democratic life from one of its most sophisticated forms of subversion: the form in which the subversion presents itself as its most dedicated defender. This possibility is always a danger for democracy everywhere.

Notes

  1. For the history of toleration in European thought, see Forst (2013, pt. I). For the key early modern texts, see: Locke 1991; Bayle 2005; Mill 2006. For the philosophical field of toleration I have relied on Forst, “Toleration.” “Toleration” and “tolerance” share the Latin root tolerare (“to endure”) but have diverged in use. “Toleration” is a political-philosophical term: it names an active practice or policy in which an authority or majority permits practices it disapproves of, within limits. “Tolerance” is broader and more everyday: it can mean a personal disposition, a quantitative threshold (pain or engineering tolerance), or a general social attitude toward difference. I speak of “vindictive tolerance” because I develop this notion in relation to Marcuse’s (1965) notion of repressive tolerance. [^]
  2. Forst 2013, pp. 1–28; 2026, sec. 1. [^]
  3. I originally presented the notion of vindictive tolerance in the blog post “The Spirt of America under Siege: Introducing the Notion of Vindictive Tolerance;” Carr-Ryan Commentary, Carr-Ryan Center for Human Rights, August 26, 2025; https://www.hks.harvard.edu/centers/carr-ryan/our-work/carr-ryan-commentary/vindictive-tolerance. For a related but distinct concept at the mass-attitudinal level, see Tilley et al. (2026). They define partisan intolerance as the gap between individuals’ willingness to interfere with identical exercises of civil liberties for in-partisans versus out-partisans, and show that such gaps are strongly associated with affective polarization. My notion of vindictive tolerance instead targets elite and institutional practices in which the language and apparatus of tolerance, rights, and democracy are used to punish opponents by recategorizing them as enemies of those very values. [^]
  4. The term “pathology” in the subtitle is deliberate. A pathology, in the medical sense, is a condition that corrupts the normal functioning of a system from within, using the system’s own mechanisms to produce its dysfunction. Vindictive tolerance is a political pathology in just this sense: it does not attack liberal democratic norms from outside but corrupts them from within, using the vocabulary and institutional apparatus of tolerance to undermine the conditions of tolerance. Like a pathology, it is difficult to diagnose precisely because it presents itself in the language of health. [^]
  5. “Vindictive” does not presuppose conscious hypocrisy or a motive of spite. The claim is structural: a movement can enact vindictive tolerance while many participants sincerely believe they are defending tolerance, democracy, or rights. The term is chosen (i) to preserve the punitive dimension that distinguishes the phenomenon from Marcuse’s repressive tolerance (which primarily neutralizes), (ii) to capture the performative posture of vindication—punishment enacted as principled defense, and (iii) to signal a diagnostic marker developed below: the characteristic disproportion between the alleged threat and the severity of the response. Alternative labels (e.g., “punitive tolerance” or “weaponized tolerance”) capture parts of this, but either lose the performative self-presentation or flatten the distinctive excess. [^]
  6. Lynch and Goudsward 2025; Savage et al. 2025; Dreisbach 2025. [^]
  7. Trump 2025. [^]
  8. Select Committee 2022. For a summary of Trump’s legal actions and their lack of support in courts — across the nation and regardless of which president had appointed the judges — see pp. 210–213. [^]
  9. Singh 2025. [^]
  10. Vance 2025. [^]
  11. Mitchell and Cerullo 2025. [^]
  12. For the major themes in this section, I follow Forst (2026). [^]
  13. The objection component is analyzed in: King 1976, pp. 44–54; Cohen 2014, ch. 2. [^]
  14. Some “traditional” analyses treat toleration as requiring objection, power, and forbearance, without implying that interference would be morally wrong from the tolerator’s point of view. My aim here is not to legislate a single definition, but to develop the liberal-egalitarian conception that contemporary liberal-democratic norms presuppose and that vindictive tolerance most directly corrupts. [^]
  15. Forst 2026, sec. 1. The three paradoxes are analyzed in: Horton 1994; Raphael 1988. Also see Mendus 1989. [^]
  16. For an influential deconstructivist reading of this paradox’s implications, see Fish (1997). [^]
  17. Forst 2026. A concept is a general, abstract idea identifying a subject matter: relatively thin, formal, and widely shared. The concept of toleration introduced above is of this kind. Conceptions are specific, substantive theories filling in what the concept requires or entails. Conceptions answer questions about the concept, and different conceptions answer them differently. Conceptions are thicker, more detailed, and often contested. [^]
  18. Brown 2006. For an engagement between the critical and constructive approaches to toleration theory, see Brown and Forst (2014). [^]
  19. Marcuse 1965. In the 1968 Postscript, added to later editions, Marcuse (1969) sharpens the argument in response to criticism. [^]
  20. Marcuse 1965, pp. 98–100. [^]
  21. The claim that the telos of tolerance is truth connects Marcuse to the tradition of liberal toleration running through Milton, Locke, and Mill. For Mill’s version, see Mill (2006, ch. 2). For the connection between truth-seeking and the defense of tolerance, see also Forst (2013, pp. 385–415). [^]
  22. Marcuse 1965, pp. 104–106. The Orwellian language argument anticipates subsequent work in critical discourse analysis and the politics of language; see Orwell (1954), particularly his 1946 essay on “Politics and the English language” reprinted there as chapter 8. [^]
  23. Marcuse 1965, p. 122. [^]
  24. Marcuse’s proposal for “liberating intolerance” has attracted three principal objections. The first is the charge of paternalism: the determination of which movements count as “demonstrably regressive” requires a normative standpoint Marcuse cannot provide without circularity or vanguardism (MacIntyre 1970; Kellner 1984). The second is that Marcuse’s framework lacks an adequate account of communicative rationality: the appropriate response to distorted discourse is to reconstruct conditions of free and equal deliberation, not to restrict the range of voices (Habermas 1985). The third challenges Marcuse’s identification of truth as telos of tolerance: if that telos is contested, discriminating tolerance becomes hostage to whoever controls the epistemological narrative (Rorty 1989). Vindictive tolerance, I submit, does not inherit these vulnerabilities. [^]
  25. Marcuse 1972. [^]
  26. The transformation of tolerance from a constraint on power into a weapon of power is an instance of what Forst (2013, pp. 26–8) calls the “paradox of drawing the limits” operating in bad faith. For a related analysis in the context of free speech, see Schauer (1982). [^]
  27. On the control of political vocabulary as a mechanism of power, see Orwell (2021). [^]
  28. For the concept of performative contradiction, see Habermas (1985; 1987). Also see Benhabib (1986, pp. 279–98). [^]
  29. Fricker 2007. [^]
  30. Major 2011; Taylor 2020. [^]
  31. This analysis of how vindictive tolerance uses civil rights vocabulary against civil rights gains connects to the critique of “reverse discrimination” discourse in American law and politics (Crenshaw 1988; López 2006). [^]
  32. Schmitt 2007. For critical analysis of Schmitt’s concept of the political, see Mouffe (1999). [^]
  33. Forst 2012. [^]
  34. Foucault 1995. [^]
  35. Foucault 1995. Forst 2012. Gramsci 2012. Also, Marcuse’s (1969) analysis in the 1968 Postscript of the self-perpetuating “closed” majority that repels systemic change connects to the broader democratic theory literature on majority legitimacy. Rousseau’s (1968) account of the conditions under which majority decisions track the general will rather than the will of all provides one classical reference point for the question of when democratic majorities lose their legitimating force — a question that vindictive tolerance exploits rather than answers. [^]
  36. On gaslighting as a complementary mechanism of political control see: Risse 2025; see also Abramson 2014; Beerbohm and Davis 2023. [^]
  37. For a parallel argument about populism — that it is a “thin ideology” that can attach to both left and right projects — see Mudde and Kaltwasser (2017, ch. 1). [^]
  38. Lukianoff and Haidt 2018; Campbell and Manning 2018. [^]
  39. Mudde and Kaltwasser 2017. [^]
  40. Thiel 2016. [^]
  41. The reflexivity problem for critical theory (the question of how critical theory can avoid reproducing the pathologies it diagnoses) is a central concern of the Frankfurt School (Horkheimer 1972; Habermas 2007, lectures 4–5). [^]

ACKNOWLEDGMENTS

I am immensely grateful to two anonymous referees for this journal for their careful reading of and helpful comments on an earlier version of this article, which led to considerable improvements.

COMPETING INTERESTS

The author declares that he has no competing interests.

References

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