“We must make the federal government a friendly vigilant defender of the rights and equality of all Americans.” The NAACP addressed this notion in 1947 regarding their civil rights for racial equality in public schools during conservative American angst. Brown v. Board of Education was the famous case in 1954, in which the U.S. Supreme Court declared racial segregation in public schools as unconstitutional. These cases served as crucial steps in ending segregation. Many individuals put their lives in danger in these cases especially African Americans and their attorneys fighting for their equality. The “separate but equal” doctrine, which appeared after the 1896 case Plessy v. Ferguson, played a major factor in the rulings determined in “It should be unlawful for pupils of one race to attend the schools provided by boards of trustees for persons of another race,” read Section 5377 of the Code of Laws of South Carolina in 1942. South Carolina, like Delaware, required school segregation. The case to challenge this statute was Briggs v. Elliot. This case was filed in 1948 because African American students in South Carolina, at this time, did not have buses to transport them to and from school, therefore, many black students had to walk up to eight miles to get to school. Parents of these students purchased a second hand bus to transport the kids, but were unable to afford the costs of maintenance and repairs for the bus. After being denied by the superintendent R.M. Elliot of their request for at least one bus for their children, they file a lawsuit with the help of the NAACP, claiming African American students deserve at least one bus for transportation to and from school. The plaintiffs lost in the first case and later filed a second case, but this time, regarding absolute equality instead of buses. Trial court finds the separate schools inferior and orders schools to be equalized, but denies the black students admissions to the white school. The U.S. Supreme Court then voids the judgment of the lower court and sends back the case to determine whether the schools have actually been equalized. The lower Board of Education of Topeka was considered a landmark United States Supreme Court case, in which segregation in public schools between blacks and whites was declared unconstitutional. This case overturned the horrendous “separate but equal” statute that was established in 1863 in the United States Supreme Court case of Plessy v. Ferguson. Parents of twenty African American students who attended elementary school in the Topeka school district filed this case. They called for the school district to reverse its policy on racial segregation in schools. The lower court admits that segregation in schools is detrimental to African American children, but still denies the plaintiffs relief saying that the schools are separate but substantially equal regarding the buildings, transportation, curriculum, and educational qualifications of teachers. Disappointed by the outcome the plaintiffs file an appeal and the case is brought before the United States Supreme Court. Having Thurgood Marshall as one of the justices of the Supreme Court defiantly worked in favor of the plaintiffs in this case. Marshall fought hard to end racial segregation in schools claiming it was only in favor of white Americans, who fought to have African Americans remain treated as nothing more than slaves. However, the Supreme Court was unable to reach a decision in the spring of 1953 with the court being divided in this case, so it was not until the fall of 1953 that the case was reheard and
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
Board of Education was a United States Supreme Court case in 1954 that the court declared state laws to establish separate public schools for black segregated public schools to be unconstitutional. Brown v. Board of Education was filed against the Topeka, Kansas school board by plaintiff Oliver Brown, parent of one of the children that access was denied to Topeka’s none colored schools. Brown claimed that Topeka 's racial segregation violated the Constitution 's Equal Protection Clause because, the city 's black and white schools were not equal to each other. However, the court dismissed and claimed and clarified that segregated public schools were "substantially" equal enough to be constitutional under the Plessy doctrine. After hearing what the court had said to Brown he decided to appeal the Supreme Court. When Chief Justice Earl Warren stepped in the court spoke in an unanimous decision written by Warren himself stating that, racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment, which states that "no state shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws." Also congress noticed that the Amendment did not prohibit integration and that the Fourteenth Amendment guarantees equal education to both black and white students. Since the supreme court noticed this issue they had to focus on racial equality and galvanized and developed civil
Before the decision of Brown v. Board of Education, many people accepted school segregation and, in most of the southern states, required segregation. Schools during this time were supposed to uphold the “separate but equal” standard set during the 1896 case of Plessy v. Ferguson; however, most, if not all, of the “black” schools were not comparable to the “white” schools. The resources the “white” schools had available definitely exceed the resources given to “black” schools not only in quantity, but also in quality. Brown v. Board of Education was not the first case that assaulted the public school segregation in the south. The title of the case was shortened from Oliver Brown ET. Al. v. the Board of Education of Topeka Kansas. The official titled included reference to the other twelve cases that were started in the early 1950’s that came from South Carolina, Virginia, Delaware and the District of Columbia. The case carried Oliver Brown’s name because he was the only male parent fighting for integration. The case of Brown v. Board o...
Oliver Brown, father of Linda Brown decided that his third grade daughter should not have to walk one mile through a railroad switchyard just to get to the bus stop before she could even get to the separate Negro school for her area. He attempted to enroll her in the white public school only three blocks from their home, but her enrollment was denied due to her race. The browns believed this was a violation of their rights, and took their case to the courts. This wasn’t the first time that blacks found their constitutional rights violated. After the civil war, laws were passed to continue the separation of blacks and whites throughout the southern states, starting with the Jim Crow laws which officially segregated the whites from the black. It wasn’t until 1896 in Plessy vs. Ferguson that black people even began to see equality as an option. Nothing changed in the world until 1954 when the historical ruling of Brown vs. The Board of Education that anything changed. Until then, all stores, restaurants, schools and public places were deemed ‘separate but equal’ through the Plessy vs. Ferguson ruling in 1896. Many cases just like the Brown vs. Board of Education were taken to the Supreme Court together in a class action suite. The world changed when nine justices made the decision to deem segregation in public schools unconstitutional.
“We conclude unanimously that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal” (qtd. in Irons 163). Many African-Americans waited to hear this quote from Chief Justice Earl Warren after many years of fighting for better educational opportunities by means of school desegregation. African-Americans went through much anguish before the Brown v. Board of Education trial even took place, especially in the Deep South. Little did they know that what looked like the beginning of the end was just another battle in what seemed like an endless war. Brown v. Board of Education was an important battle won during the Civil Rights Movement; however, it did have a major drawback simply because no deadline existed, an issue that author James Baldwin grasped from the moment the decision was made. The South took full advantage of this major flaw and continued to keep its segregated schools with no intention of ever integrating.
Nearly 60 years passed before the Supreme Court ruled, in Brown v. Board of Education of Topeka , that the “separate but equal” doctrine had no place in public education. Two years later, in Gayle v. Browder , the Supreme Court struck down segregation in public transportation—the same kind of segregation upheld in Plessy. By then the South had built a social and legal system deeply rooted in racial segregation. It took numerous lawsuits, much federal legislation, and a concerted effort of civil rights protesters in the 1950s and 1960s to finally dismantle the system of segregation upheld by the Plessy ruling.
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
Throughout the 1950s, the NAACP with the help of Charles Hamilton Houston and Thurgood Marshall pursued lawsuits against the “separate but equal” policy instated by the Plessy v. Ferguson case. For years, colleges and universities in which there was no African American counterpart avoided court orders to admit black students by hastily setting up “equal” counterparts. But in 1950, the Supreme Court ordered that a black student be admitted to the University of Texas Law School, despite the fact that the state “…had established a “school” for him in the basement” (Foner 953). The court declared that there was no way that this “school” was equal, and demanded that the student be admitted to the law school, sparking an era that called for desegregation. Later, in 1954, a landmark decision came from the Supreme Court as a result of the Brown v. BOE case. In the early 1950s, a man named Oliver Brown went to court to fight that fact that his daughter “…was forced to walk across dangerous railroad tracks each morning rather than being allowed to attend a nearby school restricted to whites” (Foner 953). The case made it all the way to the Supreme Court, and on May 17, 1954, the court declared that “Segregation in public education…violated the equal protection of the laws guaranteed by the Fourteenth Amendment” (Foner 954), arguing that the
Board of Education on the same stances, but didn’t manage to have one as well received until this court case. (Civil Rights Foundation, 2015.) The Brown’s were a family with two daughters that had to walk a ridiculous distance just to receive an education when they could just as easily walk a few blocks over to an all-white school. Burnett saw the flaws in the system and the strain it was putting on African-Americans who deserved education as much as children that came from white families. (Civil Rights Foundation, 2015.) This had been a problem that many African-American families had to endure across the United States based on the “separate but equal” law that stated that both families had the opportunity to attend school. What made this an issue though, is that Topeka had 18 neighborhood schools for white children, however there were less than five for children of different races. (Civil Rights Foundation, 2015.) The Brown’s were the defendants at the federal level; because they were trying to change how the laws were and to try and create an opportunity that provide everyone with equal education. The federal court issued it as constitutional because there was a school in the town that the children could attend that was equal in regards to teachers and curriculum, but the family still felt it was not right, because the opportunity really was not equal. The distance created the fact that they had to
In 1896, the Plessy v. Ferguson Supreme Court decision set that “separate” facilities for blacks, and whites was constitutional. With the Brown v. Board of Education decision, Plessy was overturned along with the separate but equal implementation. The Brown v. Board of Education case all started with African American children who were denied acceptance in white schools. In a PBS Article the author discusses how a case was filed against the Topeka Kansas school board by Oliver Brown. Alexander McBride states “Brown v. Board of Education was filed against the Topeka, Kansas school board by representative-plaintiff Oliver Brown, parent of one of the children denied access to Topeka 's white schools. Brow...
In 1954, the Supreme Court of the United States was confronted with the controversial Brown v. Board of Education case that challenged segregation in public education. Brown v. Board of Education was a landmark Supreme Court case because it called into question the morality and legality of racial segregation in public schools, a long-standing tradition in the Jim Crow South, and threatened to have monumental and everlasting implications for blacks and whites in America. The Brown v. Board of Education case is often noted for initiating racial integration and launching the civil rights movement. In 1951, Oliver L. Brown, his wife Darlene, and eleven other African American parents filed a class-action lawsuit against the Board of Education of Topeka, and sued them for denying their colored children the right to attend segregated white schools. They sought to change the policy of racial segregation in their school district. The plaintiffs collaborated with the leadership of the local Topeka NAACP to overturn segregation in public schools. In the fall of 1951, the parents tried to enroll their children into the neighborhood schools, but they were denied enrollment in the white schools and told to attend segregated black schools. The District Court noted that segregation in public education had a harmful effect on black children, but denied the need to desegregate schools because “the physical facilities and other ‘tangible’ factors” in Topeka, Kansas were all equal. The District Court confirmed the precedent established in Plessy v. Ferguson by the Supreme Court in 1896 and upheld state laws permitting, or requiring, segregation in public education.
The United States continued to assimilate and provide greater opportunities for African-Americans, on May 17, 1954, the United States Supreme Court handed down its decision regarding the case called Brown v. Board of Education of Topeka, Kansas, in which the plaintiffs charged that the education of black children in separate public schools from their white counterparts was unconstitutional. The opinion of the Court stated that the "segregation of white and colored children in public schools has a detrimental effect upon the colored children”. This historic discission further inflamed the racest in the south, and many ...
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
The U.S. District Court for the District of Kansas heard Brown's case from June 25-26, 1951. At the trial, the NAACP argued that segregated schools sent the message to black children that they were inferior to whites; therefore, the schools were unequal. The Board of Education's defense was that, because segregation in Topeka and elsewhere pervaded many other aspects of life, segregated schools simply prepared black children for the segregation they would face during adulthood. The board also argued that segregated schools were not necessarily harmful to black children; great African Americans had overcome much more than just segregated schools and became very successful.