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http://americanhistory.si.edu/brown/history/3-organized/charles-houston.html Segregation, Education, and Litigation; Brown v. Board

By Morgan Fleming Mr. Beck 1st Period HOA Impact of Walter F. White, , and Walter F. White Walter Francis White

Born on July 1, 1893 and passed away on March 21, 1955

- Was an African-American civil rights activist who led the National Association for the Advancement of Colored People (NAACP) for almost a quarter of a century (1931–1955) - After starting with the organization as an investigator in 1918, he directed a broad program of legal challenges to and disfranchisement. What all did he do? - White used his appearance in conducting investigations of lynchings and race riots in the American South. He could "pass" and talk to whites as one of them, but he could talk to blacks as one of them and identified with them

- In 1922, the Dyer Anti-Lynching Bill, initiated by White, was passed overwhelmingly by the House, the first piece of legislation passed by the House of Representatives since Reconstruction that specifically protected blacks from lynchings. Congress never passed the Dyer bill, as the Senate was controlled by Southerners who opposed it. Hamilton Houston Charles Hamilton Houston

Born on September 3, 1895 and passed away on April 22, 1950

Was a prominent African-American lawyer

Dean of Howard University Law School

NAACP Litigation Director who played a significant role in dismantling the Jim Crow laws

Nicknamed “The Man Who Killed Jim Crow"

He is also well known for having trained future Supreme Court Justice Thurgood Marshall Houston's plan to attack and defeat Jim Crow segregation by demonstrating the inequality in the Empower & support black boys to "separate but equal" improve academic & professional - Supreme Court's Plessy v. Ferguson outcomes - Missouri ex rel. Gaines v. Canada (1939)

“All right, if you want it separate but equal, I will make it so expensive for it to be separate that you will have to abandon your separateness.”

- With this reason he began demanding the equalization of salaries for teachers and equal facilities in schools Thurgood Marshall Thurgood Marshall Born on July 2, 1908 and passed away on January 24, 1993

Was an Associate Justice of the Supreme Court of the (October 1967 - October 1991)

Marshall was the Court's 96th justice and its first African-American justice best known for his high success rate in arguing before the Supreme Court and for the victory in Brown v. Board of Education,

He served on the United States Court of Appeals for the Second Circuit after being appointed by President John F. Kennedy - He had a 25-year affiliation with the National Association for the Advancement of Colored People (NAACP) in 1934 by representing the organization in the law school discrimination suit Murray v. Pearson - 1936 - Marshall became part of the national staff of the NAACP - In Murray v. Pearson, Marshall represented Donald Gaines Murray - 1940 - Marshall founded and became the executive director of the NAACP Legal Defense and Educational Fund - Won 7 big court cases that have been said to U.S. Senator Ben Cardin (left) and Maryland Attorney General Doug Gansler make his legacy talk in Lawyer's Mall, near a statue of Thurgood Marshall (October 2007). The NAACP Strategy NAACP

- Stands for National Association for the Advancement of Colored People - Founded in 1909 - Ensured the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination - NAACP main purpose

NAACP became the dominant civil rights organization in the country, noted particularly for its work in publicizing the evils of Jim Crow discrimination and for its leadership in the fight for a federal Started a antilynching law. magazine named Crisis *The beginning of the civil rights movement and what all happened* What are Jim Crow Laws? What is Lynching? Jim Crow laws existed mainly in the Lynching is an public punishment by South and originated from the Black an informal group. Most common form Codes that were enforced from 1865 to of lynching is in public executions by 1866 and from prewar segregation on a mob in order to punish an alleged railroad cars in northern cities. They transgressor, or to intimidate a group. mandated segregation in all public It is an extreme form of informal group facilities, with a supposedly "separate social control such as skimmington, but equal" status for Americans of riding the rail, and tarring and African descent feathering. Margold Report Margold Report In 1930 the NAACP commissioned attorney Nathan Margold to produce a plan for a legal campaign against segregation

Margold argued the violation of the the equality aspect of Plessy’s “separate but equal” principle. Margold proposed a series of lawsuits that would challenge the system.

- challenged the inequality of segregation in publicly funded primary and secondary schools

Charles Hamilton Houston modified the Margold Report by beginning the NAACP’s legal campaign with lawsuits for equal facilities in graduate and professional schools. 14th Amendment The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States”

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

Requiring that states guarantee the same rights, privileges, and protections to all citizens.

“Separate But equal” The case of Donald G. Murray Donald Gaines Murray

● Donald Gaines Murray was the plaintiff in the 1936 case of Murray v. Pearson ● The case began in January of 1935, when Donald Gaines Murray filed an application to be admitted to the University of Maryland School of Law ○ only law school in the state ○ At the time, the institution was segregated ● His application was rejected on account of his race Donald Gaines Cont.

● His appeal to the Board of Regents of the university was unsuccessful ● The case Murray v. Pearson was initiated by fraternity as part of its widening social program ● Murray was represented by Charles Hamilton Houston and Thurgood Marshall of NAACP ● His appeal to the Board of Regents of the university was unsuccessful

● The case Murray v. Pearson was initiated by Alpha Phi Alpha fraternity as part of its widening social program

● Murray was represented by Charles Hamilton Houston and Thurgood Marshall of NAACP Cases of : Gaines v. Missouri Sweatt v. Painter McLaurin v. K State Regents Gaines v. Missouri (1938)

Lloyd Gaines graduated from Lincoln University, a public university specifically for black students, in 1935.

Because Lincoln University did not have a law school, he applied to the University of Missouri Law School.

Lloyd Gaines applied to the University of Missouri Law School but was refused admission and was told that admitting him would be contrary to Missouri’s state constitution, laws, and public policy.

Gaines argued that this denial of admission violated his Fourteenth Amendment rights and sued to force the Board of Regents to admit him. Question of the case

Did Gaines’ denial of admission to the University of Missouri Law School violate the Equal Protection Clause of the Fourteenth Amendment? Conclusion

Yes, it did violate his 14th Amendment.

The Court held that by establishing Lincoln University as a state university for black students, the state of Missouri established precedent for providing equal opportunity in higher education for both black and white students.

Therefore, the denial of access to legal education was unlawful discrimination.

The Court also held that the state’s intent to eventually create a law school at Lincoln University was not enough to absolve the responsibility to provide a legal education in this case.

The Court held that Missouri failed in its constitutional duty to provide equal protection under the law by failing to provide equal access to public education within the state. Sweatt v. Painter (1950)

- In 1946, Heman Marion Sweatt, a black man, applied for admission to the University of Texas Law School.

- State law restricted access to the university to whites, and Sweatt's application was automatically rejected because of his race.

- When Sweatt asked the state courts to order his admission, the university attempted to provide separate but equal facilities for black law students. Question of the case

Did the Texas admissions scheme violate the Equal Protection Clause of the Fourteenth Amendment? Conclusion

● In a unanimous decision, the Court held that the Equal Protection Clause required that Sweatt be admitted to the university ○ The Court found that the "law school for Negroes," which was to have opened in 1947, would have been grossly unequal to the University of Texas Law School

● The Court argued that the separate school would be inferior in a number of areas, including faculty, course variety, library facilities, legal writing opportunities, and overall prestige

● The Court also found that the mere separation from the majority of law students harmed students' abilities to compete in the legal arena McLaurin v. K. State Regents (1950)

- United States Supreme Court case that reversed a lower court decision upholding the efforts of the state-supported University of Oklahoma to adhere to the state law requiring African-Americans to be provided graduate or professional education on a segregated basis.

George W. McLaurin was first denied admission to the University of Oklahoma to pursue a Doctorate in Education degree.

McLaurin successfully sued in the US District Court for the Western District of Oklahoma to gain admission to the institution basing his argument on the Fourteenth Amendment.

*At the time, Oklahoma law prohibited schools from instructing blacks and whites together* Facts of the case The court found that the university's inaction in providing separate facilities, in order to meet Oklahoma state law, allowing McLaurin to attend the institution was a violation of his Constitutional rights.

The University admitted McLaurin but provided him separate facilities, including a special table in the cafeteria, a designated desk in the library, and a desk just outside the classroom doorway.

McLaurin returned to the US District court and petitioned to require the University of Oklahoma to remove the separate facilities allowing him to interact with the other students fully The court denied McLaurin's petition. Conclusion

McLaurin then appealed to the US Supreme Court. On June 5, 1950, the United States Supreme Court ruled that a public institution of higher learning could not provide different treatment to a student solely because of his/her race as doing so deprived the student of his/her Fourteenth Amendment rights of Equal Protection. The high court reversed the decision of the US District Court, requiring the University of Oklahoma to remove the restrictions under which McLaurin was attending the institution.

Together with Sweatt v. Painter, which was decided the same day, marked the end of the separate but equal doctrine of Plessy v. Ferguson in graduate and professional education.

Brown v. Board of Education Facts of the case

This case was the consolidation of four cases arising in separate states relating to the segregation of public schools on the basis of race.

In each of the cases, African American minors had been denied admittance to certain public schools based on laws allowing public education to be segregated by race.

They argued that such segregation violates the Equal Protection Clause of the Fourteenth Amendment. Facts of the case cont.

The plaintiffs were denied relief based on the precedent set by Plessy v. Ferguson, which established the “separate but equal” doctrine that stated separate facilities for the races was constitutional as long as the facilities were “substantially equal.”

In the case arising from Delaware, the Supreme Court of Delaware ruled that the African American students had to be admitted to the white public schools because of their higher quality facilities. Question of the case

Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment? Conclusion Separate but equal educational facilities for racial minorities is inherently unequal violating the Equal Protection Clause of the Fourteenth Amendment - unanimous decision

The Court also held that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. http://www.history.com/topics/black-history/civil-rights-mov ement/videos/separate-but-not-equal Brown Challenges Brown I

In May 1954, the Supreme Court ruled unanimously that segregation by race in public schools was inherently unequal. *A strategy originally proposed by Nathan Margold had finally been realized in law*

The ruling in brown was a decision that was understood to have greatly undermined any legal support for Jim Crow.

Reactions to the ruling were mixed across geographical regions and races.

Many American saw their Jim Crow society being destroyed while other white Americans reacted with caution or in support. Brown I Cont.

Some African-American celebrate with just the decision, but few with over enthusiasm.

Soon after the opinion was read, many southern states began to organize resistance.

The Supreme Court had avoided the issue of remedy in the ruling. Remedy, or what each school district was actually supposed to do in order to correct of the “de jure” segregation, was of critical importance.

This question was discussed in the following terms and, in what became known as “Brown II”, the court stated that schools must be disaggregated “with all deliberate speed”. Brown II

The phrase “with all deliberate speed” was an attempt to provide both flexibility and furnace, but it became justification for resistance by school districts and states throughout the south.

Even before the words “with all deliberate speed” were ordered, it was possible to see the resistance that was to come in the disaggregation plan submitted to the Supreme Court for the Brown II deliberations. Example

A good example is Florida, which place the burden of desegregation on each individual student, requiring them to make a formal request to the local school board.

If they were turned down, then an appeal to various administrative offices and the state school board was required before court would even consider a hearing.

Additionally, the student was required to get the local school board unspecified but sufficient advance notice while submitting the original request.

This exclusively complicated system was designed to that no African-Americans do whatever and her white school. Several other states were equally creative Reactions to Brown Brown was celebrated as a significant victory by most African-Americans and some white Americans. Some school districts in the southern states started to disagree during the 1954 through 1955 school year. The schools that participated are the following:

● Fayetteville ● Arkansas ● ● Maryland ● Louisville ● Kentucky ● St. Louis, Missouri

Though there was an overwhelming majority of school districts throughout the south that opposed to the ruling and remain segregated. Political leaders soon organize resistance through various means. Governor George Wallace

Despite his later efforts to revise his public image, Wallace is remembered for his strong support of racial segregation in the '60s

Democrat George Wallace's 1963 Inaugural Address was delivered January 14, 1963:

● He challenged the attempts of the federal government to enforce laws prohibiting segregation in Alabama's public schools and other institutions ● The speech is most famous for the phrase "segregation now, segregation tomorrow, segregation forever" which became a rallying cry for those opposed to integration and the Civil Rights Movement Works Cited "Brown v. Board of Education Timeline." National Archives and Records Administration. National Archives and Records Administration, n.d. Web. 09 May 2017.

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"Virginia Historical Society." Brown I and Brown II | Virginia Historical Society. N.p., n.d. Web. 09 May 2017.

"George C. Wallace." Biography.com. A&E Networks Television, 28 Apr. 2017. Web. 09 May 2017.