If a case that made a frontal assault on Plessy lost, it would be a blow to morale, but the NAACP could resume its current campaign to litigate equal protection under the new standards that had developed in Sweatt. 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. A strategy game allows players to use critical decision-making skills to determine the outcome of the game. Members of the civil rights movement would find themselves confronting recalcitrant clerks at voter registration offices and gun-toting drivers enforcing segregation on municipal buses. Articles with the HISTORY.com Editors byline have been written or edited by the HISTORY.com editors, including Amanda Onion, Missy Sullivan and Matt Mullen. They then made a series of commands. But if Brown proclaimed that that idea was unconstitutional, the decision hardly ended racial discrimination, even state-sponsored discrimination. NAACP. It examined the intangible characteristics of a legal education. Anti-Lynching Legislation Renewed. American attitudes toward race had changed since Plessy in 1896, and, in key areas, NAACP attorneys were striking blows against racial discrimination and gaining valuable legal experience along the way. Over time, the NAACP would become the nation's premier civil rights organization. The boycott was not supported by the local NAACP branch. 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. In a sense, Brown was the end of the beginning, the end of the idea as old as the Republic itself, that the law could formally discriminateindeed totally excludeon the basis of race and that the Constitution would support such discrimination. 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 All articles are regularly reviewed and updated by the HISTORY.com team. This was controversial. Given the events that led up to Browntrials lasting several days in Kansas, South Carolina, Virginia, Delaware, and the District of Columbia; testimony presented by dozens of witnesses; and several days of intense arguments in the Supreme Court over a two-year periodthe opinion in Brown is remarkable in its brevity and simplicity. Four years later, he was appointed by President Johnson to be solicitor general, and in 1967 President Johnson nominated him to the Supreme Court to which he commented: I have a lifetime appointment and I intend to serve it. But because the tangible facilities were not equal, Texas could not restrict Negroes to the Jim Crow school. In addition, he successfully brought lawsuits that integrated other state universities. Careful selection of the right plaintiff had paid off. They all had a common aim: the elimination of Plessy v. Ferguson's "separate but equal" doctrine. Gardner's group initiated a boycott of a black high school that was overcrowded and in a state of severe disrepair. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. In effect, the NAACP was making the argument it had made before the Texas court that the formula in Plessy was constitutionally malformed and that the 1896 case should be overruled. There was no need. The NAACP means the National Association for the Advancement of Colored People. The combination grade school-high school in Claymont served about 400 white students. If the tangible measures of inequality revealed stark differences in resources between the two institutions, there were harder to measure, intangible factors that also marked the black schools inferiority. What was the NAACP and what did it do? The faculty consisted of two part-time instructors. Because of these changes, the case was remanded to the trial court to determine if the new school was equal to the one for whites. Marshall searched for another plaintiff who could help advance the court's thinking on the inherent inequality of separate education. The second part of the argument was also based on the equal protection clause. One of the organizations key victories was the U.S. Supreme Courts 1954 decision in Brown v. Board of Education that outlawed segregation in public schools. The expert witnesses would force the judges to grapple with the realities of segregation. The Court found that it did, concluding that "to separate [black] children from others of similar age and qualifications generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in ways unlikely ever to be undone." Compared with most other cities, Washington's black community was well educated and relatively well off. Houston served in France with the all-black, rigidly segregated Ninety-second Division and experienced some of the most strident racism of the Jim Crow army of that era, including almost being lynched by a mob of white troops. 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. It was clear to the court that to entirely deny blacks the opportunity for a state-sponsored legal education when whites were provided one would violate the formula laid down by Plessy, but that was not the issue here. The first case originated in Clarendon County, S.C. That county maintained a system of grossly unequal segregated schools. Which the city did four years before the 1964 Civil Rights Act. Today, the NAACP is focused on such issues as inequality in jobs, education, health care and the criminal justice system, as well as protecting voting rights. Their offices were at the University of Texas. His application was rejected. Library of Congress. Once again, note that the Court was examining two different law schools and that the justices were familiar with legal education; from their own experience they could see that the two schools were clearly not equal. The experiments consistently showed that the participating black children preferred the white dolls. In 1967, he became the first Black Supreme Court justice. But the Court went beyond thatas had Maryland's highest court in Murray. The NAACP works to remove all barriers of racial discrimination through democratic processes. After Gardner explained the problems with the high school, Houston agreed to represent Gardner's group. If the Court had ended its analysis there, the Sweatt case would have been just another case upholding the separate but equal doctrine. Robert J. Cottrol is Harold Paul Green Research Professor of Law and professor of history and sociology at George Washington University. The University of Maryland's law school was only open to whites. In 2009, the year he became Americas first Black president, Barack Obama spoke at a celebration of the NAACPs 100th anniversary. Despite the relative affluence of its black community, Washington was as segregated as any city in the Deep South. No two of these cases were argued by the exact same legal team. Raymond T. Diamond is C.J. But the case was important for another reason as well. But the Supreme Court had disposed of the case without addressing Marshall's argument. The small number of students might have meant a smaller teacher-student ratio, but it also meant an inferior education. In the fall of 1919 he entered Harvard Law School. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. Through Redfield, Marshall made a record that would support a conclusion that segregation was irrational, and under the Fourteenth Amendment, no distinction that was not rational could stand muster. 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. Who Appointed Thurgood Marshall to the Supreme Court? The rejection letter informed him that he could request that the state of Texas establish a law school for Negroes. -A. Philip Randolph, 1940 Former NAACP Branch Secretary Rosa Parks' refusal to yield her seat to a white man sparked the Montgomery Bus Boycott and the modern civil rights movement. 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. The Clarks concluded that these studies indicated self-rejection, one of the negative effects of racism on children at the early stages of their development. The NAACPs founding members included white progressives Mary White Ovington, Henry Moskowitz, William English Walling and Oswald Garrison Villard, along with such African Americans as W.E.B. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. Public facilities, public transportation, housing, and public schools were all rigidly segregated. After the meeting, Gardner introduced himself and met with Houston later that night. In doing so, the NAACP placed before the Court the predictable and unavoidable consequence of segregation: inequality. This grandfather clause enabled illiterate whites to avoid taking the literacy test while discriminating against illiterate Black people, whose ancestors werent afforded the right to votedespite the 15th Amendmentby requiring them to pass a test in order to vote. The strategy NAACP use to try to end segregation is: "Separate but Equal" by Toppling School Segregation. But it lacks the kind of official support that it had in generations past. The court was forced to confront the constitutional issue. 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. Maryland was willing to provide a state-supported legal education for Murray, but not in Maryland and not at the state university. It was the first major case for a young attorney who would succeed Charles Hamilton Houston as NAACP special counselThurgood Marshall. At the same time, it was difficult for judges to break with long-standing social traditions and legal precedent. In one of the tests, the Clarks used four dollstwo brown, two white. Houston's skillful cross examination of the dean of the University of Maryland's law school highlighted this point. Even if one suspects that a significant portion of the responses to social surveys should be discounted as people telling the pollsters the "right" or "socially acceptable" answer, the fact that tolerance for interracial marriage or transracial adoption has become the "right" answer in the last half century itself reflects a profound cultural change. Racial restrictions, even of the most damaging kind, might be upheld, though only under "the most rigid scrutiny." The strategy adopted by the NAACP to end segregation was B. arguing legal cases in court. Marshall, who founded the LDF in 1940, won a number of other important civil rights cases involving issues such as voting rights and discriminatory housing practices. We strive for accuracy and fairness. Past winners have included George Washington Carver, Will Smith, Mary J. Blige, Alex Haley, Jesse Jackson and Oprah Winfrey. The judge was the same one who had held that the vastly inferior Prairie View school was equal. Eventually, the students sent a letter to the NAACP's special counsel for the Southeast region. When Marshall sat with Houston on Murray's case, Marshall must have taken no small amount of pleasure in attacking the Maryland law school's policy of discrimination. These were sanctioned, indeed often mandated, by law. The changes in racial attitudes among white Americans are perhaps even more profound than has generally been acknowledged. Hill and Robinson met with the striking students and were impressed by their resolve. The trial court ruled against Heman Sweatt and the NAACP, as did the Texas Court of Civil Appeals. And while those programs are under heavy criticism and face an uncertain future, even the critics of such programs couch their criticism in the rhetoric of the civil rights movement of the 1960s, claiming that they are seeking "color-blind" methods to increase the inclusion of those previously excluded. 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 students intended to remain on strike until the local school board agreed to construct a new school. Both the tangible and the intangible factors were inferior. 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. Reflecting what had become the new thinking on race in the social sciences after the Second World War, Redfield further testified that scholars had recently become "compelled" to the conclusion that there were no "inherent differences in intellectual ability or capacity to learn between Negroes and whites," and that should any such differences be "later shown to exist, they will not prove to be significant for any educational policy or practice." The facts were somewhat different in each case, but the cases were all part of a coordinated strategy directed from the NAACP's headquarters in New York. First among these was the United States government. Today, the NAACP honors its heritage of activism and continues to work for civil rights. 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. While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. Perhaps, but the physical facilities were substantially equal, and besides the new building for the white school could help explain the differences in per capita expenditures for white and black students. He served as Associate Justice from 1967-1991 after being nominated by President Lyndon B. Johnson. 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. The new school had only one alumnus. The Court then traced the evolution of the separate but equal doctrine from Plessy through McLaurin (a case decided shortly before Sweatt in which the Court ruled that segregation within a desegregated institution, such as having blacks relegated to the back of a classroom, interfered with the educational process). In addition, black teachers who acted as plaintiffs in salary equalization suits ran serious risk of being fireda particularly severe risk given the desperate scarcity of jobs in America in the 1930s.*. Given the temper of the times, Margold recognized that it wouldn't do to attack school segregation under any and all circumstances. Copyright 2023 NAACP Legal Defense and Educational Fund, Inc. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacy. The black doll was selected when the children were asked which doll looked "bad.". He points out that DuBois at the time believed that discrimina tion in education, rather than segregation, should be fought. Since one of the NAACP's litigation goals from 1935 through 1955 included bringing an end to Jim Crow laws, the organization focused on issues deemed . It was surrounded by factories and warehouses. In this period of power politics, nothing counts but pressure, and still more pressure, through the tactic and strategy of broad, organized, aggressive mass action behind the vital and important issues of the Negro. The annual expenditures for these schools were $194,575. With this pronouncement, America stood at the dawn of a new era in race relations. Large numbers of white children attended the public schools. The annual expenditures for these schools were $673,850. Among Marshalls salient majority opinions for the Supreme Court were: Amalgamated Food Employees Union v. Logan Valley Plaza, in 1968, which determined that a mall was public forum and unable to exclude picketers; Stanley v. Georgia, in 1969, held that pornography, when owned privately, could not be prosecuted. How did naacp use litigation? As a result of class divisions within the African-American community, Gardner's group formed separately from the school's PTA, which was dominated by middle-class blacks. Learn more about the history of the landmark case, key players, and how Brown vs. Board shaped our nation. Tushnet cites W.E.B. The NAACP looked around for a strong plaintiff. He found that plaintiff in Heman Sweatt. arguing legal cases in court Read this quotation. The results were familiar. Since the 1930s, lawyers from the National Association for the Advancement of Colored People (NAACP) had strategized to bring local lawsuits to court, arguing that separate was not equal and that every child, regardless of race, deserved a first-class education. The NAACP also addressed the rise in hate crimes, evinced by a series of black church fires that swept the Southeast. (1952) and Gebbart v. Bulah (1952). At one point, he oversaw as many as 450 simultaneous cases. They are law school graduates and they spend their professional lives working with law school graduates. Marshall successfully challenged the board to only litigate cases that would address the heart of segregation. The third prong of the NAACP's attack was based on the Fourteenth Amendment's due process clause. The organization received some criticism for its strategy of working through the judicial system and lawmakers to achieve its goals, rather than focusing on more direct methods of protest favored by other national civil rights groups. The new law school's temporary facility in Austin turned out to be an office basement; the University of Texas had a permanent facility that housed a law review and a moot courtroom. The new law school had neither. The students were mature. 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. When Did Thurgood Marshall Establish LDF? 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. Asked by Justice Felix Frankfurter during the argument what he meant by equal, Mr. Marshall replied, Equal means getting the same thing, at the same time, and in the same place. The first part of that argument was based on the equal protection clause. The Murray court noted that if Murray were barred from the University of Maryland's law school, he would miss the benefits of a state law school education, specifically gaining a familiarity with the courts of the state in which he intended to practice law. Wiki User. The political opposition would be intense, perhaps fatal. The trial judge said no, as did Maryland's highest court on appeal. Murray, the court noted, had been "denied admission on the sole ground of his color." As a result, Marshall attended Howard's law school, just as Houston's reforms were beginning to take hold. At the same time, NAACP members were subject to harassment and violence. By now it was February 1948, and Heman Sweatt's fight to pursue a legal education at the University of Texas had gone on two years. In that event, two Black men being held in a Springfield jail for alleged crimes against white people were surreptitiously transferred to a jail in another city, spurring a white mob to burn down 40 homes in Springfields Black residential district, ransack local businesses and murder two Blacks. Instead different cases would be brought in several districts, in different regions of the South, and in other regions as well. In 1931, the NAACP's first staff attorney, Nathan Margold, outlined a legal strategy to challenge school segregation. The court did not condemn the scholarship program as a matter of law. By any concrete measure, the law school at the Texas State University for Negroes was a laughable substitute for the one at the University of Texas. Asked by Justice Felix Frankfurter during the argument what he meant by equal, Mr. Marshall replied, Equal means getting the same thing, at the same time, and in the same place. If they were intellectually honest, they could not, on the basis of the extensive evidence presented, rule that segregated schools wereor could ever beequal. All Rights Reserved. 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. Cases from across the country would be argued. Until a new facility could be built in Houston, the new school would be housed in downtown Austin, across the street from the state capitol. However Brown supporters and black leaders such as T.R.M. Boards of education that ran elementary and secondary schools had an arsenal of potential defenses for differences between white and black schools. Robert Carter and Jack Greenberg were the NAACP's point men for Brown. He believed that cases involving segregated public schools were cases that the NAACP could not afford to lose, as they would set devastating precedents. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. There was no state school for the education of Negro lawyers. Houston no doubt took pleasure in seeing, in Marshall's commitment and performance, graphic evidence of the success of his policies at Howard. The key to the cases lay in the innovative use of expert testimony to establish the psychological harm that segregation inflicted on African-American schoolchildren. Administratively, the school was part of Prairie View University, a Texas state university for Negroes, some 40 miles away. The Clarks first asked the children, aged three to seven, to identify the race of the dolls. 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. The South Carolina and Kansas cases would also be joined by two separate cases that were filed in Delaware: Gebbart et al. What strategy did the NAACP use to end racial segregation? The American Federation of Teachers is a union of professionals that champions fairness; democracy; economic opportunity; and high-quality public education, healthcare and public services for our students, their families and our communities. Prairie View's new law school was a poor excuse for equal education, indeed even for good education. The NAACP's long battle against de jure segregation culminated in the Supreme Court's landmark Brown v.Board of Education decision, which overturned the "separate but equal" doctrine. . Under the leadership of W.E.B. How Did Thurgood Marshall Help the NAACP? Moreover, the liberalization of racial attitudes that started becoming part of American culture before the Second World War, a liberalization that provided an important, perhaps critical backdrop to the Brown decision, has continued. His application evidently got more than routine notice and rejection. These lawsuits were combined into the landmark Brown v. Third, the testimony of experts refuted widely held beliefs about the intellectual inferiority of Afro-Americans. But that is only part of the story. In 1946 he applied to the all-white law school at the University of Texas. This argument also concerned the equal protection clause, for a racial classification that was arbitrary and irrational could not satisfy the demands of the equal protection clause either. (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. , 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. What strategy did the NAACP use to try to end segregation? Per pupil expenditures of public funds came to $43 per capita for black children and $179 per capita for white children. At the dawn of the 21st century, nearly half of the black population still lives in communities that are 90 percent or more black. In arguing another law school case in the late 1940s, Marshall had attempted to use social science evidence to make the case that segregated facilities were inherently unequal. Houston also made the law school library a depository for files on civil rights litigation from around the nation. The NAACPs anti-lynching crusade became a central focus for the group during its early decades. It could also offer the courts the alternative argument that even if the courts did not agree that segregation was inherently unconstitutional, it was nonetheless unconstitutional in actual practice. The second was to bring cases that would coax the Supreme Court into doing what it had assiduously avoided doing in Sweatt: overturning Plessy. The NAACP found one in Baltimore resident Donald Murray. It was then that Houston decided to make changeschanges that would profoundly influence Howard University's law school and the course of the nation's civil rights law. In the 19491950 academic year, there were 6,531 black students attending 61 schools. The Civil Rights Act of 1964: A Long Struggle for Freedom. Give me the doll you like to play with.2. Second, it exposed the actual purpose of segregation, the perpetration of racial subordination. Marshall had traditionally been cautious. In 1962, Medgar Evers, the first NAACP field secretary in Mississippi, was assassinated outside his home in Jackson by a white supremacist. Brown did not do it alone. At Harvard he compiled a brilliant record, graduating in the top five percent of his class and serving as the first Negro editor of the Harvard Law Review. 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. It is not hard to find. Moreover, he continued, not only did segregated education produce negative effects, it also produced no positive effects. Beyond the comparison of tangible and intangible differences, Marshall also brought before the court the University of Chicago's Robert Redfield, an expert with doctorates in both law and anthropology. The student-to-faculty ratio was three times higher at Howard than at Claymont. 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." But the Court had implicitly accepted the NAACP's first and second arguments in Sweatt, and though it had avoided the third, the due process claim, it had set a standard that was impossible for a segregated system of legal education to meet, for there would always be intangible differences in racially segregated schools. In 1929 he was named vice-dean and associate professor at the school. And there was more. 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