Fascism has a very clear definition. And who decides the malcontents? That's also easy: Are you trying to harm people? Then you are a malcontent.
You are attempting to obfuscate the discussion here. We all know what fascism is. We also all know its wrong to hurt people.
Oh, I get what Marx had said... Marx also changed his view post Paris Commune. He started down the track that its impossible to abolish the state, after concentrating all power in the state, as those holding power will never give it up.
And yes, governance is not the state, and yes, Marx later agreed with that point, as well.