Transcript: Thurgood Marshall Before the Court

Transcript: Thurgood Marshall Before the Court

Thurgood Marshall Before the Court TRANSCRIPT Broadcast Date: May 1, 2004 Deborah Amos: From Minnesota Public Radio, this is an American RadioWorks documentary, Thurgood Marshall Before the Court . I'm Deborah Amos. Marshall: Education is not the teaching of three R's. Education is teaching to live together with fellow citizens . Before the sit-ins and freedom marches, lawyer Thurgood Marshall led a 30-year campaign to desegregate America's schools . Jones : It was incendiary, the idea of little black boys in school with little white girls. Man: Do you think the Negro students will get in here? Man: I don't know how long they'll live after they do get in. Marshall's big victory came 50 years ago in the Supreme Court's Brown v. Board of Education ruling. Bond: What they did was make segregation illegal. Thurgood Marshall is best known as first African American on the U.S. Supreme Court. But his earlier work as a civil rights lawyer changed history. In the coming hour, Thurgood Marshall Before the Court. First, this news update. Part 1 Amos: From Minnesota Public Radio, this is an American RadioWorks documentary, "Thurgood Marshall Before the Court." I'm Deborah Amos. In 1967, Thurgood Marshall became the first African American named to the United States Supreme Court; but his most significant legal victory came when Marshall was on the other side of the bench, arguing the landmark Brown v. Board of Education case. On May 17, 1954, the U.S. Supreme Court outlawed racial segregation in American schools . The ruling was the high point of a long campaign Marshall led to tear down the walls of segregation. Marshall died in 1993 at the age of 84. In the coming hour Stephen Smith of American RadioWorks presents the story of Thurgood Marshall's remarkable career before he joined the Supreme Court, when he was the nation's leading civil rights lawyer. {Music} Smith: When Thurgood Marshall was born, times were as bad as they'd ever been for African Americans since slavery. It was 1908. That year there were 89 reported lynchings of black people from Oxford, Georgia to Abraham Lincoln's hometown of Springfield, Illinois. One Southern state after another had passed an extensive series of Jim Crow laws to fence off African Americans from the rest of society. Litwack: That meant really rigid segregation of blacks and whites in almost every conceivable situation in which they might come into social contact. Historian, Leon Litwack: Copyright ©2007 American Public Media ®. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to American Public Media. This transcript may not be reproduced in whole or in part without prior written permission. For further information, please contact [email protected] . Litwack: That is from public transportation, from the workplace, hospitals, the public parks and schools . From separate textbooks , to Jim Crow bibles for black witnesses in court. New Orleans went so far as to adopt an ordinance segregating black and white prostitutes . Thurgood Marshall liked to tell people he was born way up South in Baltimore, Maryland. In his later years, Marshall told an interviewer that racial segregation in Baltimore could be as harsh as anywhere in the Deep South. Marshall: In the department stores downtown, the Negro was not allowed to buy anything off the counter. We were told to get the hell out. Another thing I remember very well was there were no toilet facilities available to Negroes in the downtown area. And one day I had to go. The only thing I could do was get on a trolley car and try to get home. And I did get almost in the house when I ruined the front doorsteps . Thurgood Marshall never forgot the bitter humiliations of growing up in Jim Crow Baltimore. But he also thrived there. Marshall and his older brother Aubrey had educated, determined parents. Their mother Norma was strong and protective. She worked as a schoolteacher. Their brash, outgoing father Willie was a waiter and a railroad porter who taught his boys to be proud of their race. Marshall: He was blonde and blue-eyed and he could have passed for white. Lot of times he would get in a big fight because somebody would think he was white. Say I would do something good and my father would say, "Well that's right black of you." You'd always heard, "That's very white of you." Well you understand what he was saying. Like many gifted and ambitious black people of his generation, Marshall learned when the time was right to fight racism and when to keep cool. Karen Hastie Williams, Marshall's Goddaughter, says these were lessons he carried into adulthood, like the time 16-year-old Thurgood needed money for college. Williams: He went to get a job working as a porter on the railroads. The white conductor who was interviewing him said, "OK boy, you can have the job. Here's your uniform put it on." Marshall came back and he was tall and lanky and he said, "Sir these pants are too short." And the response was , "Boy it's easier to get another nigger than another pair of pants. You want the job you wear the pants ." He said, "I took the job and I wore the short pants because I needed the money to go to school." But he said he did not want another generation to have people make that kind of a comment. Music: In 1930, Thurgood Marshall graduated from Lincoln University, a prestigious black college in Pennsylvania. While at Lincoln, Marshall married Vivian Burey. He wanted to go to law school at the University of Maryland in Baltimore, but African Americans were not allowed. So Marshall commuted by train to all-black Howard University, an hour away in Washington D.C.. There, Marshall met a man who would change his life: law professor Charles Hamilton Houston. Marshall: He was a graduate of Amherst and Harvard. Very brilliant, very decent person but a very hard man. Wilkins: He was unyielding on these students learning how to do it exactly right. Law professor, David Wilkins: Wilkins: He brooked no quarter with any mistake of punctuation, of procedural regularity, of form, because he knew that if you were to give white judges the slightest excuse for dismissing your case or dismissing you as being incompetent, they would do so. Copyright ©2007 American Public Media ®. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to American Public Media. This transcript may not be reproduced in whole or in part without prior written permission. For further information, please contact [email protected] . There were few black lawyers in the 1930s and most of them handled routine legal matters like wills and real estate. Charles Houston used his classroom like an anvil, pounding out a generation of exceptional black attorneys for a courtroom crusade against segregation. Marshall was his top student. Wilkins: I think anybody who ever met Thurgood Marshall would say he was a born leader. First of all he was just a physically imposing man. He was probably six foot three, drop-dead gorgeous, with a booming voice, a towering intellect and a fierce determination to pursue and succeed at whatever task was before him. Marshall started helping his mentor fight legal cases while still a student. Charles Houston left Howard University in 1934 to become chief lawyer for the National Association for the Advancement of Colored People, or NAACP, the nation's leading civil rights organization. Soon after, he recruited Marshall. Law professor Larry Gibson says the two made an unlikely duo. Tape: Charles Hamilton Houston was a fairly formal person. Thurgood Marshall was a loud, liquor-drinking, chain-smoking, take-life-easy sort of person. I mean they seemed to have been the quintessential odd couple. But what they had in common was they both were brilliant, they both were willing to work hard, and they both were courageous . On top of courage, one of Thurgood Marshall's gifts was his good nature. Marshall disarmed courtroom opponents with an easy manner, then clobbered them with the exhaustive legal preparation learned from Charles Houston. Wilkins: He used to tell stories of white, Southern judges who started out calling him boy and eventually complimented him on the excellence of the way in which he presented the case. David Wilkins says Marshall was also a brilliant storyteller, a skill he used in the courtroom to win over white judges and juries . Few recordings of Marshall's storytelling survive, but in this tape from the 1960s, Marshall told an NAACP meeting about the organization's early days when he and others had to appeal to the struggling group's bookkeeper, Mr. Turner, to cover the most basic expenses. Marshall: And Turner would take out his books and find he had 40,000 in this fund, 30,000 in this one, which owed 20,000, and 10 to this one and 50 to this and- He loved bookkeeping {laughter}, he loved it. And when he would get through with all those figures one of is would say, "But Mr. Turner, what we want to know is how much cash do you have in that safe back there?" He'd say, "Oh! Sixteen dollars." {laughter} Music: In the late 1930s, the NAACP was still a tiny organization with huge plans. The group had been founded in 1909 by W. E. B. DuBois and a group of liberal whites .

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