THE COURTS AND THE PURSUIT OF SCHOOL INTEGRATIONEllie Matheson Britta Jacobs, Kasey Maier, Cora Kadrmas

BEFORE ROBERTS VS. THE CITY OF BOSTON In 1836, the Massachusetts court heard the case of

the Commonwealth vs. Aves. Chief Justice Lemuel Shaw would preside over the case in which it was found that all peoples, whether black or white who come into the limits of a state are subject to the laws of that state. Therefore, because Massachusetts had abolished slavery, any black person entering the state, even if previously owned as a slave, would now be free from that slavery.

In 1848, the Roberts vs. the city of Boston case was also presided over by Chief Justice Shaw, but this time he upheld the idea of segregation in America.

Less than ten years later, in 1857, the case of Dred Scott vs. Sandford put forth the opposite statement of the Aves case. This case ruled that people of African descent, whether or not they were slaves, could never be United States citizens and the United States Congress had no authority to prohibit slavery in federal territories.

The Dred Scott case was indirectly overruled with the passage of the 13th amendment of the constitution in 1865 which abolished slavery in the U.S. and the 14th amendment in 1868 which guaranteed full rights and citizenship regardless of race.

Chief Justice Lemuel Shaw

Dred Scott

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ROBERTS V. THE CITY OF BOSTON 1848: Five year old Sarah Roberts

was forced to go to an all-black elementary school even though she walked by several white schools on the way to her segregated school

Sarah’s Father asked Robert Morris to take a suit against the city. Morris was one of the finest black lawyers in America during this time

In 1850, Chief Justice Lemuel Shaw of Massachusetts Supreme Court held that racial segregation of public schools was permitted under the Constitution.

Many southern supreme courts adopted this same ruling to continue with their segregated schools.

Even though the case was lost, it set the stage for Brown v. Board of Education more than a century later.

Robert Morris

The Abiel Smith school was one of a

number of segregated schools

for “colored” children in Boston.

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BEFORE BROWN VS. BOARD

In 1896, in the Plessy vs. Ferguson case, the Supreme Court ruled that the “separate but equal” law was constitutional and was to be upheld in all public places, including schools.

In 1909 the NAACP (National Association for the Advancement of Colored People) was formed.

With the start of World War One in 1914, the “great migration” started in which large numbers of black people were moving north in search on better jobs and schools with less racist environments. This migration continued through the 1930’s and 40’s.

In the 1920’s the NAACP showed much concern over the unfair funding for black schools. In Georgia, $4.59 was spent on each black student per school year while at the same time $36.29 was being spent on each white student. During this time and into the 30’s it was common for African Americans to use their own money and donate their own time to create and run minimally viable schools.

It was reported that in the 1930’s, 19% of 14- 17 year old African Americans were enrolled in High School. In Response to these issues, the NAACP advocated for more equality in school facilities, teacher salaries and school transportation by invoking the “separate but equal” law.

30% of Americans, in 1940, believed that Whites and Blacks should attend the same schools. In this same year a federal court required equal salaries for African American and White teachers.

By the late 40’s and early 50’s, a few state universities and law schools were allowing black and white students to attend the same school.

School Building in Camden,Massachusetts

Broken School Bus in Louisa County, Virginia

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BROWN V. BOARD OF EDUCATION 1954

THE ISSUE: Does racial Segregation of children in public schools deprive minority children of equal protection of the laws under the 14th Amendment?

The case was made up of five combined cases that each sought the same legal result. It’s name came from the case of 8 year old Linda Brown who had to cross Topeka, KS to go to school while her white friends went to school just blocks from her house.

The NAACP (National Association For the Advancement of Colored People) helped to support the case.

Thurgood Marshall was a lawyer who argued the case before the Supreme Court. Later on he would become the first African American Justice on the Supreme Court.

Segregated schools was a form of schooling for control, but those supporting the case wanted to integrate schools so that public education could become a source of freedom of students who enter through the doors of a public school.

George E.C. HayesThurgood Marshall, and James M. Nabrit, the lawyers who led the fight before the U.S. Supreme Court for abolition of segregation in public schools, descend the court steps in Washington, D.C., on May 17, 1954. The Supreme Court ruled that segregation is unconstitutional. (AP Photo)

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BROWN V. BOARD OF EDUCATION (CONT.)

THE RULING: The Supreme Court ruled unanimously to end racial segregation in public schools.

Essentially the ruling ended up overturning the Plessy v. Ferguson ruling which created the doctrine of “separate but equal”. This concept stated that separate public utilities of equal quality did not violate the constitution. This was an important act because often the schools reflect the society in which they exist. Now it was time to see if society could be forced to change simply because the schools were.

The Decision was based on the dehumanizing effects of segregation because a sense of inferiority affects the motivation of a child to learn

Chief Justice Earl Warren delivered the decision… “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 in which must be made available to all on equal terms.”

-Earl Warren

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 AMERICA’S REACTION TO THE BROWN VS. BOARD DECISION  While the decision to end the “separate but equal” law was unanimous

in the Brown vs. the Board of Education cases, the reaction was not. There were many African Americans who felt much relief and found hope in the decision made in this case, but there remained an underlying worry that it would do little to eliminate the racism in people’s hearts and minds. This worry became reality as many supporters of integration, both black and white, lost jobs, were denied credit and face much anger from those around them. Opposition and resistance to equal education ran fierce among Americans. This opposition lasted for many years after the case was decided. A great example of this would be the reaction of Prince Edward County in Virginia. They made the decision to close their schools for five years rather than integrate them.

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THE LITTLE ROCK NINE

(An example of Brown II being put into practice… ) 1957: The Little Rock Nine was a group of African American students who were enrolled in

Little Rock Century High School, a majority white public High School The Little Rock Crisis: these nine students were initially prevented from entering the

racially segregated school by Arkansas governor Orval Faubus, and only attended after the intervention of President Eisenhower

September 4, 1957, segregationists threatened to hold protest and block the students from entering the school building. In response, Governor Faubus employed the Arkansas National Guard to support these protestors.

President Eisenhower requested a meeting with the governor, warning him not to interfere with Supreme Court rulings.

The U.S. Justice Department requested an injunction against the governor’s deployment of the National Guard. Judge Ronald Davies granted the injunction and ordered the governor to withdraw the National Guard on September 20.

Following this ruling, the Little Rock Police Department took their place before Century High. Hundreds of protesters remained entrenched in front of the school. On Monday, September 23, the police quietly slipped the nine students into the school. When the protesters learned that the nine black students were inside, they began confronting the outnumbered line of policemen. When white residents began to riot, the nine students were escorted out of the school.[

September 24, President Eisenhowerordered the 101st Airborne Division of the United States Army to Little to enforce integration and protect the nine students. The 101st took positions immediately, and the nine students successfully entered the school on the next day, Wednesday, September 25, 1957.3b

BROWN VS. BOARD OF EDUCATION II

• In 1955, the Supreme Court considered arguments by the schools requesting relief concerning the task of desegregation. In their decision , the court delegated the task of carrying out school desegregation to district courts with orders that desegregation occur "with all deliberate speed”…• Chief Justice Warren gave much responsibility

to local school authorities and the courts which originally heard school segregation cases. They were to implement the principles which the Supreme Court embraced in its first Brown decision.

• He urged them to proceed the desegregation process “with all deliberate speed”…

Many Southern states and school districts interpreted "Brown II" as legal justification for resisting, delaying, and avoiding significant integration for years — and in some cases for a decade or more — using such tactics as closing down school systems, using state money to finance segregated "private" schools, and "token" integration where a few carefully selected black children were admitted to former white-only schools but the vast majority remained in underfunded, unequal black schools.

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DESEGREGATION TODAY Desegregation was ordered to end deeply rooted patterns of illegal

separation of students. There is evidence today that desegregation both improves test

scores and changes lives of students. Recent surveys also show that students in integrated school districts

tend to report by large majorities that they have learned to study and work together. They say that they can learn a lot about each other’s backgrounds, and feel confident with the ability to discuss even racial issues.

Integrated schools, on average, clearly have better opportunities. Does not always mean fair access to those opportunities, but that just goes along with school policy.

Desegregation at the school level is a necessary, but far from sufficient, condition for assuring equal opportunity in practice.

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THE ONGOING SEGREGATION TODAY Ironically, many of the schools named after the people that were

fighting for segregation such as Dr. King, Thurgood Marshall, and Rosa Parks are among the most segregated schools yet today.

Dr. King School in Los Angeles 99% black and HispanicRosa Parks school 86% black and Hispanic/ less than 2% are whiteThurgood Marshall Elementary in Seattle 95% black, Hispanic, Native American, or Asian origin.

86% of white suburban Americans live in neighborhoods that are less than 1% black.

Statistics prove that segregated school’s like Martin Luther Kind are often tense, disorderly, and socially unhappy, which does not tend to be a good learning environment.

Diversity is still growing rapidly in our nation’s suburban areas, and this is now the center of our American life, and politics.

Segregation has not been a successful educational or social policy. Five decades after brown, we have abundant evidence showing our nation cannot desegregate schools without seriously challenging racial segregation.

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WORK CITED A century of racial segregation:1849-1950. (2004). Retrieved October 6, 2008, from With an Even

Hand: Brown v. Board at Fifty: http://www.loc.gov/exhibits/brown/brown-segregation.html

The Strange History of School Desegregation. (2004). Retrieved October 6, 2008, from Rethinking Schools Online: http://www.rethinkingschools.org/archive/18_03/stra183.shtml

U.S. Timeline. (2008). Retrieved October 6, 2008, from America's Best History: http://americabesthistory.home.att.net/abhtimeline1940.html

Willoughby, B. (2004, Spring). An American Legacy. Teaching Tolerance , pp. 42-48.

Sarah Roberts vs. Boston. (n.d.). Education. Retrieved October 10, 2008, from The Massachusetts Historical Society Web site: http://www.masshist.org/longroad/02education/roberts.htm

About the Case. (2004). Brown v. Board of Education. Retrieved October 16, 2008, from Brown Foundation for Educational Equity, Excellence and Research. Web site: http://brownvboard.org/ summary/

Orfield, G. (2001, Fall). Rethinking Schools. Retrieved october Wednesday, 2008, from Schools More Seperate: http://www.rethinking schools.org/archive/16_01/Seg161.shtml

Brown v. Board of Education (II). (1955). Retrieved October 17, 2008, from Oyez U.S. Supreme Court Media Web site: http://www.oyez.org/cases/1950-1959/1954/1954_1/

Brown v. Board of Education Video:

http://www.youtube.com/watch?v=D2XHob_nVbw&feature=related