Supreme Court of the United States s9

Transcript of Brown v. Board of Education (1954)

SUPREME COURT OF THE UNITED STATES Brown v. Board of Education, 347 U.S. 483 (1954) (USSC+) Argued December 9, 1952 Reargued December 8, 1953 Decided May 17, 1954 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS*

Opinion MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.

In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools…

In approaching this problem, we cannot turn the clock back to 1868, when the Amendment was adopted, or even to 1896, when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws. Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does. In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs…

Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system.

Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.

"Letter from a Birmingham Jail [King, Jr.]"

16 April 1963

My Dear Fellow Clergymen: While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.

I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here.

But more basically, I am in Birmingham because injustice is here….You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city's white power structure left the Negro community with no alternative….

In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self purification; and direct action. We have gone through all these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Birmingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard, brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good faith negotiation.

You may well ask: "Why direct action? Why sit ins, marches and so forth? Isn't negotiation a better path?" You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word "Wait!" It rings in the ear of every Negro with piercing familiarity. This "Wait" has almost always meant "Never." We must come to see, with one of our distinguished jurists, that "justice too long delayed is justice denied."

We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five year old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of "nobodiness"--then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience. You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."…

You speak of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that I stand in the middle of two opposing forces in the Negro community. One is a force of complacency, made up in part of Negroes who, as a result of long years of oppression, are so drained of self respect and a sense of "somebodiness" that they have adjusted to segregation; and in part of a few middle-class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best known being Elijah Muhammad's Muslim movement. Nourished by the Negro's frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible "devil."

I have tried to stand between these two forces, saying that we need emulate neither the "do nothingism" of the complacent nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle. If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as "rabble rousers" and "outside agitators" those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black nationalist ideologies--a development that would inevitably lead to a frightening racial nightmare.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright opponents, refusing to understand the freedom movement and misrepresenting its leaders; all too many others have been more cautious than courageous and have remained silent behind the anesthetizing security of stained glass windows.

In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disappointed…..

I hope this letter finds you strong in the faith. I also hope that circumstances will soon make it possible for me to meet each of you, not as an integrationist or a civil-rights leader but as a fellow clergyman and a Christian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood, Martin Luther King, Jr.

The Ballot or the Bullet by Malcolm X April 3, 1964 Cleveland, Ohio

Mr. Moderator, Brother Lomax, brothers and sisters, friends and enemies: I just can't believe everyone in here is a friend, and I don't want to leave anybody out. The question tonight, as I understand it, is "The Negro Revolt, and Where Do We Go From Here?" or What Next?" In my little humble way of understanding it, it points toward either the ballot or the bullet.

Although I'm still a Muslim, I'm not here tonight to discuss my religion. I'm not here to try and change your religion. I'm not here to argue or discuss anything that we differ about, because it's time for us to submerge our differences and realize that it is best for us to first see that we have the same problem, a common problem, a problem that will make you catch hell whether you're a Baptist, or a Methodist, or a Muslim, or a nationalist. Whether you're educated or illiterate, whether you live on the boulevard or in the alley, you're going to catch hell just like I am. We're all in the same boat and we all are going to catch the same hell from the same man. He just happens to be a white man. All of us have suffered here, in this country, political oppression at the hands of the white man, economic exploitation at the hands of the white man, and social degradation at the hands of the white man.

Now in speaking like this, it doesn't mean that we're anti-white, but it does mean we're anti-exploitation, we're anti-degradation, we're anti-oppression. And if the white man doesn't want us to be anti-him, let him stop oppressing and exploiting and degrading us. Whether we are Christians or Muslims or nationalists or agnostics or atheists, we must first learn to forget our differences. If we have differences, let us differ in the closet; when we come out in front, let us not have anything to argue about until we get finished arguing with the man. If the late President Kennedy could get together with Khrushchev and exchange some wheat, we certainly have more in common with each other than Kennedy and Khrushchev had with each other.

If we don't do something real soon, I think you'll have to agree that we're going to be forced either to use the ballot or the bullet. It's one or the other in 1964. It isn't that time is running out -- time has run out! No, I'm not an American. I'm one of the 22 million black people who are the victims of Americanism. One of the 22 million black people who are the victims of democracy, nothing but disguised hypocrisy. So, I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or a flag-waver -- no, not I. I'm speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare… So it's time in 1964 to wake up. And when you see them coming up with that kind of conspiracy, let them know your eyes are open. And let them know you -- something else that's wide open too. It's got to be the ballot or the bullet. The ballot or the bullet. If you're afraid to use an expression like that, you should get on out of the country; you should get back in the cotton patch; you should get back in the alley. They get all the Negro vote, and after they get it, the Negro gets nothing in return. All they did when they got to Washington was give a few big Negroes big jobs. Those big Negroes didn't need big jobs, they already had jobs. That's camouflage, that's trickery, that's treachery, window-dressing. I'm not trying to knock out the Democrats for the Republicans. We'll get to them in a minute. But it is true; you put the Democrats first and the Democrats put you last….

We're not even as far up as we were in 1954. We're behind where we were in 1954. There's more segregation now than there was in 1954. There's more racial animosity, more racial hatred, more racial violence today in 1964, than there was in 1954. Where is the progress?

I might stop right here to point out one thing. Whenever you're going after something that belongs to you, anyone who's depriving you of the right to have it is a criminal. Understand that. Whenever you are going after something that is yours, you are within your legal rights to lay claim to it. And anyone who puts forth any effort to deprive you of that which is yours, is breaking the law, is a criminal. And this was pointed out by the Supreme Court decision. It outlawed segregation.

Which means segregation is against the law. Which means a segregationist is breaking the law. A segregationist is a criminal. You can't label him as anything other than that. And when you demonstrate against segregation, the law is on your side. The Supreme Court is on your side.

Now, who is it that opposes you in carrying out the law? The police department itself. With police dogs and clubs. Whenever you demonstrate against segregation, whether it is segregated education, segregated housing, or anything else, the law is on your side, and anyone who stands in the way is not the law any longer. They are breaking the law; they are not representatives of the law. Any time you demonstrate against segregation and a man has the audacity to put a police dog on you, kill that dog, kill him, I'm telling you, kill that dog. I say it, if they put me in jail tomorrow, kill that dog. Then you'll put a stop to it. Now, if these white people in here don't want to see that kind of action, get down and tell the mayor to tell the police department to pull the dogs in. That's all you have to do. If you don't do it, someone else will. If you don't take this kind of stand, your little children will grow up and look at you and think "shame." If you don't take an uncompromising stand, I don't mean go out and get violent; but at the same time you should never be nonviolent unless you run into some nonviolence. I'm nonviolent with those who are nonviolent with me. But when you drop that violence on me, then you've made me go insane, and I'm not responsible for what I do. And that's the way every Negro should get. Any time you know you're within the law, within your legal rights, within your moral rights, in accord with justice, then die for what you believe in. But don't die alone. Let your dying be reciprocal. This is what is meant by equality. What's good for the goose is good for the gander.

When we begin to get in this area, we need new friends, we need new allies. We need to expand the civil- rights struggle to a higher level -- to the level of human rights. Whenever you are in a civil-rights struggle, whether you know it or not, you are confining yourself to the jurisdiction of Uncle Sam. No one from the outside world can speak out in your behalf as long as your struggle is a civil-rights struggle. Civil rights comes within the domestic affairs of this country. All of our African brothers and our Asian brothers and our Latin-American brothers cannot open their mouths and interfere in the domestic affairs of the United States. And as long as it's civil rights, this comes under the jurisdiction of Uncle Sam. Uncle Sam's hands are dripping with blood, dripping with the blood of the black man in this country. He's the earth's number-one hypocrite. He has the audacity -- yes, he has -- imagine him posing as the leader of the free world. The free world! And you over here singing "We Shall Overcome." Expand the civil-rights struggle to the level of human rights. Take it into the United Nations, where our African brothers can throw their weight on our side, where our Asian brothers can throw their weight on our side, where our Latin-American brothers can throw their weight on our side, and where 800 million Chinamen are sitting there waiting to throw their weight on our side.

Let the world know how bloody his hands are. Let the world know the hypocrisy that's practiced over here. Let it be the ballot or the bullet. Let him know that it must be the ballot or the bullet.

The economic philosophy of black nationalism is pure and simple. It only means that we should control the economy of our community. Why should white people be running all the stores in our community? Why should white people be running the banks of our community? Why should the economy of our community be in the hands of the white man? Why? If a black man can't move his store into a white community, you tell me why a white man should move his store into a black community. The philosophy of black nationalism involves a re-education program in the black community in regards to economics. Our people have to be made to see that any time you take your dollar out of your community and spend it in a community where you don't live, the community where you live will get poorer and poorer, and the community where you spend your money will get richer and richer.

Then you wonder why where you live is always a ghetto or a slum area. And where you and I are concerned, not only do we lose it when we spend it out of the community, but the white man has got all our stores in the community tied up; so that though we spend it in the community, at sundown the man who runs the store takes it over across town somewhere. He's got us in a vise. So the economic philosophy of black nationalism means in every church, in every civic organization, in every fraternal order, it's time now for our people to be come conscious of the importance of controlling the economy of our community. If we own the stores, if we operate the businesses, if we try and establish some industry in our own community, then we're developing to the position where we are creating employment for our own kind…

Last but not least, I must say this concerning the great controversy over rifles and shotguns. The only thing that I've ever said is that in areas where the government has proven itself either unwilling or unable to defend the lives and the property of Negroes, it's time for Negroes to defend themselves. Article number two of the constitutional amendments provides you and me the right to own a rifle or a shotgun. It is constitutionally legal to own a shotgun or a rifle. This doesn't mean you're going to get a rifle and form battalions and go out looking for white folks, although you'd be within your rights -- I mean, you'd be justified; but that would be illegal and we don't do anything illegal. If the white man doesn't want the black man buying rifles and shotguns, then let the government do its job.

Thank you.

Black Panther Party: 10 Point Program (1966)

1. We want an end to the robbery by the white men of our Black Community. 2. We want decent housing, fit for shelter of human beings. 3. We want education for our people that exposes the true nature of this decadent American society. We want education that teaches us our true history and our role in the present day society. 4. We want all Black men to be exempt from military service. 5. We want an immediate end to POLICE BRUTALITY and MURDER of Black people. 6. We want freedom for all Black men held in federal, state, county and city prisons and jails. 7. We want all Black people when brought to trial to be tried in court by a jury of their peer group or people from their Black Communities, as defined by the Constitution of the United States. 8. We want land, bread, housing, education, clothing, justice and peace.

What We Believe: 1. We believe that Black People will not be free until we are able to determine our own destiny. 2. We believe that the federal government is responsible and obligated to give every man employment or a guaranteed income. We believe that if the White American business men will not give full employment, the means of production should be taken from the businessmen and placed in the community so that the people of the community can organize and employ all of its people and give a high standard of living. 3. We believe that this racist government has robbed us and now we are demanding the overdue debt of forty acres and two mules. Forty acres and two mules was promised 100 years ago as redistribution for slave labor and mass murder of Black people. We will accept the payment in currency which will be distributed to our many communities: the Germans are now aiding the Jews in Israel for genocide of the Jewish people. The Germans murdered 6,000,000 Jews. The American racist has taken part in the slaughter of over 50,000,000 Black people; therefore, we feel that this is a modest demand that we make. 4. We believe that if the White landlords will not give decent housing to our Black community, then the housing and the land should be made into cooperatives so that our community, with government aid, can build and make a decent housing for its people. 5. We believe in an educational system that will give our people a knowledge of self. If a man does not have knowledge of himself and his position in society and the world, then he has little chance to relate to anything else. 6. We believe that Black people should not be forced to fight in the military service to defend a racist government that does not protect us. We will not fight and kill other people of color in the world who, like Black people, are being victimized by the White racist government of America. We will protect ourselves from the force and violence of the racist police and the racist military, by whatever means necessary. 7. We believe we can end police brutality in our Black community by organizing Black self-defense groups that are dedicated to defending our Black community from racist police oppression and brutality. The second Amendment of the Constitution of the United States gives us the right to bear arms. We therefore believe that all Black people should arm themselves for self-defense. 8. We believe that all Black people should be released from the many jails and prisons because they have not received a fair and impartial trial. 9. We believe that the courts should follow the United States Constitution so that Black people will receive fair trials. The 14th Amendment of the U.S Constitution gives a man a right to be tried by his peers. A peer is a persons from a similar economic, social, religious, geographical, environmental, historical, and racial background. To do this the court will be forced to select a jury from the Black community from which the Black defendant came. We have been, and are being tried by all White juries that have no understanding of “the average reasoning man” of the Black community. 10. When in the course of human events, it become necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and nature’s god entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separation. We hold these truths to be self-evident, and that all men are created equal that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed,--that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its power in a such a form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accused. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, and their duty, to throw off such government, and to provide new guards of their future security.