First, it demonstrated the psychological injuries that were caused by segregation. Their offices were at the University of Texas. Rural white southern voters vote for African-American representativesformer congressmen J. C. Watts of Oklahoma and Mike Espy of Mississippi are perhaps the most prominent examples of this. Administratively, the school was part of Prairie View University, a Texas state university for Negroes, some 40 miles away. Founded in 1909, it was at the center of nearly every battle for the rights and dignity of African Americans in the twentieth century. State officials, according to Margold's strategy, would be forced into the Hobson's choice of having to greatly increase expenditures on black schools or to think the unthinkable, providing one set of schools for all children. Copyright 2023 NAACP Legal Defense and Educational Fund, Inc. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacy. , a multidisciplinary center within the NAACP Legal Defense Fund. The state put no barriers in the way of higher education, for the University of Kansas had long been open to black people and so had Washburn University. Per pupil expenditures of public funds came to $43 per capita for black children and $179 per capita for white children. Hill and Robinson met with the striking students and were impressed by their resolve. Segregation in graduate and professional education was as common in the South as segregation in elementary and secondary schools. The tangible differences were damning enough. And the state did not mandate segregation in elementary schools, but for localities above 15,000 in population, the state specifically allowed school segregation as an option. Using a combination of tactics including legal challenges, demonstrations and economic boycotts, the NAACP played an important role in helping end segregation in the United States. The NAACP argued that there was no "valid legislative end" that justified racial segregation, that segregation was arbitrary and irrational. In 1962, Medgar Evers, the first NAACP field secretary in Mississippi, was assassinated outside his home in Jackson by a white supremacist. Find History on Facebook (Opens in a new window), Find History on Twitter (Opens in a new window), Find History on YouTube (Opens in a new window), Find History on Instagram (Opens in a new window), Find History on TikTok (Opens in a new window), https://www.history.com/topics/black-history/naacp. They would challenge segregation at small-town lunch counters and risk their lives on the often dangerous back roads of the rural South. Such an exclusion meant that the education at the separate law school for blacks was not the equal of the one received by whites. Marshall was born on July 2, 1908, in Baltimore, Maryland, to William Marshall, railroad porter, who later worked on the staff of Gibson Island Club, a white-only country club and Norma Williams, a school teacher. Murray, the court noted, had been "denied admission on the sole ground of his color." Like Donald Murray, Marshall was a Baltimore native. After all, after nearly half a century, the equal side of separate but equal was finally coming into prominence. He explained his view that segregated education gave its recipients a false education. Public facilities, public transportation, housing, and public schools were all rigidly segregated. Brown was also enacted by the courageous Americans of all races who struggled in the civil rights movement to make it the foundation of a modern body of civil rights law. The Brown decision was momentous, but with respect to the issues of race and racial discrimination, even with respect to the issue of school segregation, the decision was hardly definitive. , which he argued before the Supreme Court in 1952 and 1953, finally overturning separate but equal and acknowledging that segregation greatly diminished students self-esteem. The Court found, as a threshold matter, that the original intent of the framers of the Fourteenth Amendment on the question of segregated schools was not clear. The NAACP means the National Association for the Advancement of Colored People. Chief Justice Earl Warren read the opinion for a unanimous Court. It was the NAACP's first major victory in the campaign against segregated higher education. Since its inception, the NAACP has worked to achieve its goals through the judicial system, lobbying and peaceful protests. It would be a phase in which the champions of civil rights would continue the struggle for equal rights in the courts and in other venues. Was a new building constructed for the white school and not the black one? The NAACP filed suit in state court on Sweatt's behalf. The part-time faculty members were professors from the University of Texas School of Law. Surprisingly, even the occasional right-wing antigovernment militia will sometimes have a black member or two. The challenge would not be undertaken in just one district. The correspondence between Murray and University of Maryland officials allowed the NAACP to focus on the issue of segregation. Morrow Research Professor of Law and adjunct professor of African Diaspora studies at Tulane University. In 1910, Oklahoma passed a constitutional amendment allowing people whose grandfathers had been eligible to vote in 1866 to register without passing a literacy test. Some early members of the organization, which included suffragists, social workers, journalists, labor reformers, intellectuals and others, had been involved in the Niagara Movement, a civil rights group started in 1905 and led by Du Bois, a sociologist and writer. The annual expenditures for these schools were $194,575. Give me the doll that is a nice color. It was able to do so in large part because of the remarkable courage of ordinary men and women. W.E.B. Civil rights and social change came about through meticulous and persistent litigation efforts, at the forefront of which stood Thurgood Marshall and the Legal Defense Fund. These facts probably helped influence the Court's decision. For a short time afterward, he taught in the English department at Howard University. In the atmosphere of the 1930s, and indeed for a long time after, any effort that seemed like it was directed at the integration of primary or secondary education would raise an emotional and political firestorm. The new postwar racial atmosphere helped bring the civil rights organization important allies who agreed with their stand. 3. The Clarks first asked the children, aged three to seven, to identify the race of the dolls. Even if he had received a scholarship, the court found that Murray would still be at a significant disadvantage because of the added costs of commuting or relocating. Two Richmond lawyers, Oliver Hill and Spottswood Robinson, served in that capacity. Redfield testified on the general effect of segregated education. At the same time, NAACP members were subject to harassment and violence. What strategy did the NAACP use to try to end segregation? NAACP. A white lawyer, Moorfield Storey, became the NAACPs first president. That is, he was qualified by any standard but one. These kinds of arguments could be challenged, of course, but they would involve the NAACP in long, often hard to prove, fact-specific litigation. The experiments consistently showed that the participating black children preferred the white dolls. Five of the seven movie theaters were relegated to whites only, and a sixth was for blacks; the seventh allowed both races, but blacks were consigned to the balcony. The National Association for the Advancement of Colored People, or NAACP, is America's oldest and largest civil rights organization. He believed that cases involving segregated public schools were cases that the NAACP could not afford to lose, as they would set devastating precedents. The historically white University of Tennessee also admitted black students to previously segregated programs, bringing the total of southern states doing so to six. There were those who were pleased with the new progress and reluctant to give up what had been a successful campaign. With this pronouncement, America stood at the dawn of a new era in race relations. Large numbers of white children attended the public schools. Maryland looked like it might provide fertile ground for such an effort. Moreover, just as black people were excluded from the University of Texas, the Texas State University of Negroes excluded the overwhelming majority, 85 percent of the population of the state, from which would be drawn most of the lawyers, judges and other officials, witnesses, and jurors in the state. Eventually, the students sent a letter to the NAACP's special counsel for the Southeast region. Our History. Affirmative action programs exist to try to increase the number of minority students admitted to universities or minority employees hired by firms. Thurgood Marshalls legacy lives on with the Thurgood Marshall Institute, a multidisciplinary center within the NAACP Legal Defense Fund. The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. In 1967, he became the first Black Supreme Court justice. After WWII,. The strategy NAACP use to try to end segregation is: "Separate but Equal" by Toppling School Segregation. What strategy did the NAACP use to try and end segregation? In representing Sweatt before the Supreme Court, Charles Hamilton Houston and Thurgood Marshall made the same three-part argument that had been rejected by the Texas Court of Civil Appeals. In 1961, President Kennedy nominated Marshall to the U.S. Court of Appeals for the 2nd Circuit in which he wrote 112 opinions, none of which were overturned on appeal. In this role, he attended the founding convention for the United Nations, channeling his energies toward lobbying the global body to acknowledge the suffering of Black Americans. So Marshall matriculated to Howard University Law School where he graduated first in his class and met his mentor, Charles Hamilton Huston, with whom he enjoyed a lifelong friendship. Raymond T. Diamond is C.J. In 1933, Charles Hamilton Houston succeeded Margold as the NAACP's chief attorney. Google memorializes the Silent Parade when 10,000 black people protested lynchings. Pioneering civil-rights attorney Thurgood Marshall, the head of the NAACP Legal Defense and Educational Fund (LDF), successfully argued the case before the court. Thurgood Marshalls legacy lives on with the. But if Brown proclaimed that that idea was unconstitutional, the decision hardly ended racial discrimination, even state-sponsored discrimination. As one expert witness testified at trial, "a well-rounded, representative group of students" was necessary to enrich the learning atmosphere and to maximize the value of classroom discussion. They have an expertise in the subject matter far beyond that which they have in other kinds of cases. Despite the relative affluence of its black community, Washington was as segregated as any city in the Deep South. It left blacks and whites ignorant of one another, "prevent[ing] the student from the full, effective and economical understand[ing of] the nature and capacity of the group from which he is segregated." This is clear in the language of the appellate opinion. Second, it exposed the actual purpose of segregation, the perpetration of racial subordination. The rejection letter stated that the school "did not accept Negro students." That record included evidence related to the tangible differences between the black and white law schools, the differences in physical plant, financial resources, numbers of professors, books in the library, and the like. . Leland B. Ware is Louis L. Redding Chair for the Study of Law and Public Policy at the University of Delaware. Shortly after Sweatt, Marshall, 43 other attorneys, and 14 branch and local NAACP presidents convened to develop the next phase of the legal strategy. There was no shortage of potential cases with which to move the battle forward; segregated elementary and secondary schools existed throughout the South and in other regions as well. Multiracialism and a rejection of the kind of racism that prevailed in the first half and indeed beyond the first half of the 20th century has taken strong root in modern America. One of the organization's key victories was the U.S. Supreme Court's 1954 decision in Brown v. Board of. Ultimatelyafter more than 100 years of effortthe NAACP and other groups were able to get a federal anti-lynching law passed and signed by President Joe Biden in 2022. arguing legal cases in court Read this quotation. The NAACP was far from certain that it could win a similar ruling on elementary and secondary schools. Among other major victories, he successfully challenged a whites-only primary election in Texas in addition to a case in which the Supreme Court declared that restrictive covenants that barred blacks from buying or renting homes could not be enforced in state courts. When Houston became the NAACP's special counsel in 1933, he reexamined Margold's litigation strategy. Now in Sweatt, the NAACP was arguing that segregation could not meet that high standard if it was irrational to begin with. (back to article), A law review is a student-edited journal that publishes articles by law professors, practicing lawyers, and students; a moot courtroom is a space for practicing oral arguments and holding mock trials. The question was simple: Was Maryland's system of providing state-sponsored scholarships to schools outside the state equal to providing an education at the state's law school? Marshall had traditionally been cautious. Both he and the NAACP refused to disappear. Nonetheless, understanding the risk, he joined with the other conference members to support a resolution declaring that all future education cases would be aimed directly at segregation, not merely at the inequalities between black and white schools. In 1931, the NAACP's first staff attorney, Nathan Margold, outlined a legal strategy to challenge school segregation. In 1950 there were 300 Negro physicians, 150 African-American lawyers and judges, 150 black college professors, and 2,500 African-American schoolteachers residing in the District of Columbia. Marshall won a series of court decisions that gradually struck down that doctrine, ultimately leading to Brown v. Board of Education, which he argued before the Supreme Court in 1952 and 1953, finally overturning separate but equal and acknowledging that segregation greatly diminished students self-esteem. Add an answer or comment Log in or sign up Questions asked by the same visitor Maryland was willing to provide a state-supported legal education for Murray, but not in Maryland and not at the state university. The school was housed in two rented rooms in Houston. I expect to die at 110, shot by a jealous husband. On the appointment, President Johnson later said that Marshalls nomination was the right thing to do, the right time to do it, the right man and the right place., As a Supreme Court Justice, he became increasingly dismayed and disappointed as the courts majority retreated from remedies he felt were necessary to address remnants of Jim Crow. With America's entry into the First World War, Houston joined the NAACP in lobbying for a program to train black officers for the wartime National Army. The organization was led from 1929 to 1955 by Walter White, a mixed-race journalist and activist who spearheaded the groups participation in the Scottsboro Boys trial, race riot investigations and anti-lynching campaigns. By 1952, the number had grown to twelve. The mayor and businesses were eager to end the pickets and boycotts that had hurt the bottom line for months. The national office was established in New York City in 1910 as well as a board of directors and president, Moorfield Storey, a white constitutional lawyer and former president of the American Bar Association. But the Court went beyond thatas had Maryland's highest court in Murray. The first case originated in Clarendon County, S.C. That county maintained a system of grossly unequal segregated schools. Watch acclaimed Black History documentaries on HISTORY Vault. The legislature moved to provide a more credible alternative. In 1929 he was named vice-dean and associate professor at the school. Marshall and his associates knew they would have to choose their cases and their clients carefully. There was no separate law school for blacks, and there was no authority to establish one. Past winners have included George Washington Carver, Will Smith, Mary J. Blige, Alex Haley, Jesse Jackson and Oprah Winfrey. Not more than three weeks after the decision in Sweatt, two black graduate students were admitted to the University of Texas, and Heman Sweatt became the first black person to enroll at the law school. This was controversial. A strategy game allows players to use critical decision-making skills to determine the outcome of the game. What was the NAACP? -A. Philip Randolph, 1940 Through the courts, he ensured that Black people enjoyed the rights and responsibilities of full citizenship. There was no state school for the education of Negro lawyers. The Legal Strategy That Brought Down "Separate but Equal" by Toppling School Segregation, By Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware, Paraprofessionals & school-related personnel, Standing united to protect immigrant rights, DACA (Deferred Action for Childhood Arrivals), Safe and welcoming public schools for all, AFT resources for organizing and back to school programs. Instead different cases would be brought in several districts, in different regions of the South, and in other regions as well. DuBois' disapproval of the NAACP's proposed use of the grant to attack segregated educa tion. His use of Redfield's testimony also showed that social science could be an important tool in the quest to vindicate the constitutional requirement of equal protection under the law. In his Bakke dissent, he wrote: In light of the sorry history of discrimination and its devastating impact on the lives of Negroes, bringing the Negro into the mainstream of American life should be a state interest of the highest order. Give me the doll you like to play with.2. It had to convince the courts that segregation was inherently unequal and that that inequality could be eliminated only by outlawing segregation itself. Wells, Archibald Grimke and Mary Church Terrell. This made it clear that equalizing facilities would not remedy the harm that the black students were suffering. Also, it was easier to make the case that discrimination was occurring in professional schools. If that was done, it would be too easy for a peculiar set of facts, a shrewdly litigated defense case, or a clever and obstinate judge to thwart the NAACP's efforts. Redding was a graduate of Brown University and Harvard Law School and was admitted to practice in Delaware in 1929. They then made a series of commands. The political opposition would be intense, perhaps fatal. Kenneth Clark was hired to provide expert testimony based on the doll studies. But professional schools were another matter. But it lacks the kind of official support that it had in generations past. Racist demagogues were sure to charge that black and white children attending elementary and secondary schools together would lead to the dreaded scourge of race mixing. A.They were killed at the same time as the Ripper's victims in London B.The last names of the victims were spelling out "Ripper" C.The all had children born the same month as Carver D.The women had all been adopted when they were young children One of the organization's key victories was the U.S. Supreme Court's 1954 decision in Brown v. Board of Education that outlawed segregation in public schools. The school was well equipped, and the grounds were beautifully landscaped. It was an argument that segregation inherently produced inequality. In 2009, the year he became Americas first Black president, Barack Obama spoke at a celebration of the NAACPs 100th anniversary. Du Bois, the only Black person on the initial leadership team, served as director of publications and research. There were several plaintiffs, but Oliver Brown's name came first alphabetically, and as a result, when the case was filed in the federal court on February 14, 1951, the case bore his name. Jurists were placed in a moral and ethical dilemma. Houston's skillful cross examination of the dean of the University of Maryland's law school highlighted this point. The students intended to remain on strike until the local school board agreed to construct a new school. Without the willingness of Negro parents after Brown to risk their children's lives by sending them to the white schools of the South, the Warren opinion would have been a dead letter. By the fall of 1950, the University of Maryland was forced by court order to open to blacks its graduate program in sociology. In 1946 he applied to the all-white law school at the University of Texas. There was no need. American Federation of Teachers, AFL-CIO. They could continue to engage in spurious rationalizations, or they could enforce the Fourteenth Amendment in a way that would make the constitutional provision meaningful. He did get through. Howard became a clearinghouse and research center for those involved in the fight against segregation. Photographs and illustrations, as well as text, cannot be used without permission from the AFT. Added 2/3/2022 5:18:03 AM This answer has been confirmed as correct and helpful. The average white schoolteacher earned two-thirds more than the average black one; and in contrast to its treatment of white children, the school board could not be troubled to provide a single bus for the transportation of black children. The legacy of slavery, caste, and racism is a poverty rate for black families that is roughly three times that for whites. He was an ordinary citizen who was angered that his daughter had to travel each day past a modern, fully equipped white school to a black school housed in a deteriorated building. The NAACP began a campaign to protest the flying of the Confederate flag in South Carolina. Well, schools can't be expected to be identical; the schools were simply serving the different needs of their different constituencies. The opinion commenced with a recitation of the history of the cases from the trials to the arguments in the Supreme Court. To this end, a new s~ction (headed by Dr. John W. Davis, former president of West Virginia State College) has been added to the Legal Defense arm of the Association. The NAACPs anti-lynching crusade became a central focus for the group during its early decades. It is not as overwhelming a part of American culture as it was throughout most of the 20th century, but still, reports of its total demise are woefully premature. Not surprisingly, terms such as "discrimination," "racism," and "victim" return ample results1,902, 605, and 294, respectively. In an interview published in 1992 in the American Bar Association Journal, Marshall wrote that Charlie Houston insisted that we be social engineers rather than lawyers, a mantra that he upheld and personified. The absence of a law review or moot courtroom meant that critical cocurricular components of a law school education were not provided. States were being prodded toward making some progress in the equalization of schools, libraries, and recreational and other facilities. Most of the library's books had yet to be delivered to the new law school, and there was no full-time librarian; the University of Texas had over 65,000 volumes. Brown began the process of withdrawing the law's sanction from the system of caste and caste-like distinctions that had been a part of American life from the beginning. In 1936, Marshall became the NAACPs chief legal counsel. It was the first major case for a young attorney who would succeed Charles Hamilton Houston as NAACP special counselThurgood Marshall. The importance of Brown lay in its setting the nation's law on the path of rejecting the kind of racial exclusion that had made African Americans a people apart since before the nation's founding. Black children, in contrast, were required to travel by bus to Howard High in Wilmington, the only black high school in the entire state. True, the NAACP had taken some chunks out of the doctrine with Murray and other cases. All Rights Reserved. Simply put, the Court was "unable to find substantial equality in the educational opportunities offered white and Negro law students by the State." If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch; and Bounds v. Smith, which held that state prison systems must provide their inmates with adequate law libraries or adequate assistance from persons trained in the law.. Belton arose in Claymont, a suburb a few miles north of Wilmington. The entirely part-time faculty had no offices at the black school. University of Maryland President Raymond Pearson informed Murray that while the University of Maryland did not accept black students, Howard University did. The NAACP also argued that racial segregation did not meet the more exacting standard that had been suggested by two cases decided by the Supreme Court during the Second World War. The District of Columbia's desegregation case began when a local barber, Bishop Gardner, organized the Consolidated Parents Group. Furthermore, because of the rapid growth in the city's black population during World War II, housing conditions in poor communities were deplorable, and black schools were inferior to white schools. But Brown was not self-executing. Boards of education that ran elementary and secondary schools had an arsenal of potential defenses for differences between white and black schools. Thus, Topeka had a limited option to have desegregated schools, and the city took it. Murray was noteworthy. In Korematsu, the Court stated that while "all legal restrictions which curtail the civil rights of a single racial group are immediately suspect [t]hat is not to say that all such restrictions are unconstitutional." Learn more about the Institutes vision and their fight to continue Thurgood Marshalls honorable mission for racial justice. Among its most significant achievements was the NAACP Legal Defense Fund's challenge to end segregation in . The NAACP found one in Baltimore resident Donald Murray. After two years of inaction, the branch contacted the organization's headquarters in New York and requested assistance in filing a lawsuit. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. No two of these cases were argued by the exact same legal team. Did the school for white children offer an academic curriculum while the school for Negroes offered a vocational program? The British prime minister observed: "This is not the end, no it is not even the beginning of the end, but it is perhaps the end of the beginning." Brown did not do it alone. Here it is important to note that judges, of course, know a great deal about law schools and how to compare them. (back to article), The Decline of the Idea of CasteSetting the Stage for Brown v. BoardBy Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware, NAACP v. Jim CrowThe Legal Strategy That Brought Down "Separate but Equal" by Toppling School SegregationBy Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware, Teachers' Roles in Ending School Segregation. There was segregation, but it was not universal. v. Belton et al. The disparities were too obvious. Walter White, Executive Director of the NAACP, over the use of the Garland Fund grant. It was surrounded by factories and warehouses. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. Comments There are no comments. After founding the NAACP Legal Defense Fund in 1940, Marshall became the key strategist in the effort to end racial segregation, in particular meticulously challenging Plessy v. Ferguson, the Court-sanctioned legal doctrine that called for separate but equal structures for white and Black people. It might provide fertile ground for such an effort making some progress the... Supreme Court perpetration of racial subordination his View that segregated education gave its recipients a false education new! Of the doctrine with Murray and other facilities leland B. Ware is Louis L. Redding Chair for education., Moorfield Storey, became the first black president, Barack Obama spoke at a of! 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