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. However Brown supporters and black leaders such as T.R.M. 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. There was segregation, but it was not universal. But because the tangible facilities were not equal, Texas could not restrict Negroes to the Jim Crow school. He did get through. We strive for accuracy and fairness. Claymont offered several extracurricular activities that were not available at Howard. He explained his view that segregated education gave its recipients a false education. Redding was a graduate of Brown University and Harvard Law School and was admitted to practice in Delaware in 1929. Such an exclusion meant that the education at the separate law school for blacks was not the equal of the one received by whites. In 1962, Medgar Evers, the first NAACP field secretary in Mississippi, was assassinated outside his home in Jackson by a white supremacist. Such qualities, to name a few, include reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, and prestige." What was the NAACP? Du Bois, or William Edward Burghardt Du Bois, was an African American writer, teacher, sociologist and activist whose work transformed the way that the lives of Black citizens were seen in . It left blacks and whites ignorant of one another, "prevent[ing] the student from the full, effective and economical understand[ing of] the nature and capacity of the group from which he is segregated." Who Appointed Thurgood Marshall to the Supreme Court? At one point, he oversaw as many as 450 simultaneous cases. 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. 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. The NAACP works to remove all barriers of racial discrimination through democratic processes. The Legal Strategy That Brought Down "Separate but Equal" by Toppling School Segregation, By Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware, Paraprofessionals & school-related personnel, Standing united to protect immigrant rights, DACA (Deferred Action for Childhood Arrivals), Safe and welcoming public schools for all, AFT resources for organizing and back to school programs. Public facilities, public transportation, housing, and public schools were all rigidly segregated. 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. The first case originated in Clarendon County, S.C. That county maintained a system of grossly unequal segregated schools. . But the new NAACP position did not require the sacrifice of the strategy that had brought victory in Sweatt and the other cases. 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 strategy NAACP use to try to end segregation is: "Separate but Equal" by Toppling School Segregation. They then made a series of commands. U.S. House of Representatives. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. It was to have three rooms, a 10,000-volume library, access to the state law library in the capital building, and three part-time faculty members. 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. Anyone who has seen the newsreels from that era with snarling and vicious mobs poised to attack children attempting to enter schools knows of the incredible bravery of the parents and students who helped turn the Warren opinion into living law. By the time an appellate court could hear the appeal, the legislature had appropriated $100,000 toward the establishment of a law school at the newly established Texas State University for Negroes in Houston. Moreover, he continued, not only did segregated education produce negative effects, it also produced no positive effects. These facts probably helped influence the Court's decision. arguing legal cases in court Read this quotation. In the fall of 1919 he entered Harvard Law School. Walter White, Executive Director of the NAACP, over the use of the Garland Fund grant. Their offices were at the University of Texas. The 1954 decision provided a foundation for later court decisions and legislative enactments that established a new set of norms concerning law and race. One of the organization's key victories was the U.S. Supreme Court's 1954 decision in Brown v. Board of Education that outlawed segregation in public schools. Founded in 1909, it was at the center of nearly every battle for the rights and dignity of African Americans in the twentieth century. Washington Post. 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. 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 . In all of these tangible factors, the Court found the University of Texas superior. Instead different cases would be brought in several districts, in different regions of the South, and in other regions as well. Civil rights and social change came about through meticulous and persistent litigation efforts, at the forefront of which stood Thurgood Marshall and the Legal Defense Fund. Both the tangible and the intangible factors were inferior. They are law school graduates and they spend their professional lives working with law school graduates. The Court had not explicitly overruled Plessy v. Ferguson; indeed, the Court was quite clear on that point. Also in 1915, the NAACP called for a boycott of Birth of a Nation, a movie that portrayed the Ku Klux Klan in a positive light and perpetrated racist stereotypes of Black people. Add an answer or comment Log in or sign up Questions asked by the same visitor A white lawyer, Moorfield Storey, became the NAACPs first president. The state legislature had passed a statute in response to Murray's lawsuit. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. Du Bois, Ida B. Robert J. Cottrol is Harold Paul Green Research Professor of Law and professor of history and sociology at George Washington University. But the statute provided only $10,000 for scholarships: a paltry $200 each for up to 50 black students seeking a professional education out of state. The National Association for the Advancement of Colored People, or NAACP, is America's oldest and largest civil rights organization. The NAACPs initial goal was to funnel equal resources to black schools. But in education, Plessy's separate but equal doctrine still remained the law of the land. The Legal Strategy That Brought Down "Separate but Equal" by Toppling School Segregation. The results were familiar. This made it clear that equalizing facilities would not remedy the harm that the black students were suffering. 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. Thurgood Marshall took the case on behalf of 20 plaintiffs. 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. But if Brown should be seen as having a central importance in the fight against caste and racism, Brown also provides an important lesson in the law's limitations. 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. Surprisingly, even the occasional right-wing antigovernment militia will sometimes have a black member or two. Racism still exists. To be successful in eliminating segregated education throughout the United States, the NAACP realized it would have to convince the courts to take a much closer look at the equal side of the Plessy case. The school was well equipped, and the grounds were beautifully landscaped. Third, the testimony of experts refuted widely held beliefs about the intellectual inferiority of Afro-Americans. Like Houston, Murray was a graduate of Amherst College, and, by any standard, qualified for admission to the University of Maryland Law School. Brown was also enacted by the courageous Americans of all races who struggled in the civil rights movement to make it the foundation of a modern body of civil rights law. States were being prodded toward making some progress in the equalization of schools, libraries, and recreational and other facilities. Professional schools offered a more tempting target: The NAACP was dealing with total exclusion; the state provided a law school or a medical school, but only for whites. The second Delaware case was filed by Sarah Bulah, from Hockessin, Del., who was annoyed when she was required to drive her child past the well-equipped white school to reach the dilapidated one-room schoolhouse that served black students. Wiki User. Immediately after graduation, Marshall opened a law office in Baltimore, and in the early 1930s, he represented the local NAACP chapter in a successful lawsuit that challenged the University of Maryland Law School over its segregation policy. Photographs and illustrations, as well as text, cannot be used without permission from the AFT. the NAACP focuses on issues that do little to help the black community and may in fact harm it. In the 19491950 academic year, there were 6,531 black students attending 61 schools. That might work. 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. The judge was the same one who had held that the vastly inferior Prairie View school was equal. 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 Civil Rights Act of 1964: A Long Struggle for Freedom. Give me the doll that is the nice doll.3. The faculty consisted of two part-time instructors. The attorneys agreed to represent the students not in a case to equalize the facilities, but in a case to desegregate the schools. Some 10,000 people in New York City participated in a 1917 NAACP-organized silent march to protest lynchings and other violence against Black people. Anti-Lynching Legislation Renewed. In the atmosphere of the 1930s, and indeed for a long time after, any effort that seemed like it was directed at the integration of primary or secondary education would raise an emotional and political firestorm. The average white schoolteacher earned two-thirds more than the average black one; and in contrast to its treatment of white children, the school board could not be troubled to provide a single bus for the transportation of black children. Redfield testified on the general effect of segregated education. As it celebrates its centennial, the NAACP is reflecting on the progress made and the work still to be done. Students were not only exposed to the theoretical possibility that law could shape social change, but also had the opportunity to actually work on cases that were changing the law and the society as well. 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 alumni of the University of Texas School of Law were large in number and wielded a great deal of power and influence throughout the Lone Star State and beyond. Here it is important to note that judges, of course, know a great deal about law schools and how to compare them. 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. Among its most significant achievements was the NAACP Legal Defense Fund's challenge to end segregation in . Just before the six months were up, the state presented the trial court with evidence that it had established the Jim Crow law school. Marshall retired from the bench in 1991 and passed away on January 24, 1993, in Washington D.C. at the age of 84. In an interview published in 1992 in the American Bar Association Journal, Marshall wrote that Charlie Houston insisted that we be social engineers rather than lawyers, a mantra that he upheld and personified. The opinion allowed state officials six months to establish a black law school. Brown played an important role in challenging the system of caste and exclusion that had developed in American society. The opinion commenced with a recitation of the history of the cases from the trials to the arguments in the Supreme Court. Over time, the NAACP would become the nation's premier civil rights organization. During the civil rights era in the 1950s and 1960s, the group won major legal victories, and today the NAACP has more than 2,200 branches and some half a million members worldwide. Louisiana State University had been ordered by a three-judge federal panel to admit black students to the law school, an order only three months later summarily affirmed by the Supreme Court. This was controversial. 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 school was housed in two rented rooms in Houston. Large numbers of white children attended the public schools. But that is only part of the story. Our History. Elementary schools were segregated, as the junior high school had been until 1941 litigation ended the practice. Rural white southern voters vote for African-American representativesformer congressmen J. C. Watts of Oklahoma and Mike Espy of Mississippi are perhaps the most prominent examples of this. If that was done, it would be too easy for a peculiar set of facts, a shrewdly litigated defense case, or a clever and obstinate judge to thwart the NAACP's efforts. Now in Sweatt, the NAACP was arguing that segregation could not meet that high standard if it was irrational to begin with. First, it demonstrated the psychological injuries that were caused by segregation. Give me the doll that looks bad.4. Tushnet cites W.E.B. Thurgood Marshalls legacy lives on with the Thurgood Marshall Institute, a multidisciplinary center within the NAACP Legal Defense Fund. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. The court was forced to confront the constitutional issue. The expert witnesses would force the judges to grapple with the realities of segregation. After two years of inaction, the branch contacted the organization's headquarters in New York and requested assistance in filing a lawsuit. Social change had helped bring new allies to the fight against segregation. Professional schools were also a tempting target for another reasonthey carried less emotional baggage. 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. Comments There are no comments. 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. To fail to do so is to ensure that America will forever remain a divided society., In particular, Marshall fervently dissented in cases in which the Supreme Court upheld death sentences; he wrote over 150 opinions dissenting from cases in which the Court refused to hear death penalty appeals. Updated: March 29, 2023 | Original: October 29, 2009. It has lessened to be sure, but African Americans remain the most segregated of the racial and ethnic groups in the United States, with the exception of Indians on reservations. The boycott was not supported by the local NAACP branch. The NAACP means the National Association for the Advancement of Colored People. 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. University of Maryland President Raymond Pearson informed Murray that while the University of Maryland did not accept black students, Howard University did. His application evidently got more than routine notice and rejection. There were 2,375 white students attending 12 schools. The NAACP attacked racial segregation through a series of legal challenges. The Brown decision was momentous, but with respect to the issues of race and racial discrimination, even with respect to the issue of school segregation, the decision was hardly definitive. The South Carolina and Kansas cases would also be joined by two separate cases that were filed in Delaware: Gebbart et al. But it lacks the kind of official support that it had in generations past. That courage started with parents like Harry Briggs of South Carolina, Sarah Bulah of Delaware, and Oliver Brown of Kansas, who stood up for better lives for their children by challenging, through the Brown cases, the entrenched system of school segregation in their communities. His legacy cannot be overstated: he worked diligently and tirelessly to end what was Americas official doctrine of separate-but-equal. The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954Browndecision. But Brown was not self-executing. Cases from across the country would be argued. Brown did not do it alone. But if you see something that doesn't look right, click here to contact us! Murray was noteworthy. All rights reserved. While the Prince Edward County case was pending, a separate case was filed in the District of Columbia. And the state did not mandate segregation in elementary schools, but for localities above 15,000 in population, the state specifically allowed school segregation as an option. 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. 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. 8 . While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. Most of the library's books had yet to be delivered to the new law school, and there was no full-time librarian; the University of Texas had over 65,000 volumes. What strategies did the naacp use for civil rights? While these cases did not end segregation in Virginia schools, they allowed NAACP lawyers to gain more experience litigating cases, and also marked a . (1952) and Gebbart v. Bulah (1952). The strategy adopted by the NAACP to end segregation was B. arguing legal cases in court. Few people attended them. That is, he was qualified by any standard but one. With more than 500,000 members, the NAACP works locally and nationally to "ensure political, educational, social, and economic equality for all, and to eliminate racial hatred and racial discrimination. (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. Social science surveys, as well as day-to-day practice indicate an acceptance of interracial relations in family life, marriage, and adoption that clearly would have been unthinkable in 1954 when the Brown decision was handed down. Popular games such as the original Warcraft games, Starcraft and Civilization allowed. What strategy did the NAACP use to try to end segregation? He was still the only black attorney in Delaware when the desegregation cases were filed more than 20 years later. Solicitor General Philip Perlman filed an amicus brief supporting the NAACP's position on behalf of the Truman administration. The District of Columbia's desegregation case began when a local barber, Bishop Gardner, organized the Consolidated Parents Group. Relying heavily on the foundation developed in cases such as McLaurin and Sweatt, as well as the social science evidence presented by Dr. Clark and others, the Court held that "separate educational facilities are inherently unequal" (italics added). Morrow Research Professor of Law and adjunct professor of African Diaspora studies at Tulane University. The new postwar racial atmosphere helped bring the civil rights organization important allies who agreed with their stand. These were sanctioned, indeed often mandated, by law. The NAACP looked around for a strong plaintiff. When Houston became the NAACP's special counsel in 1933, he reexamined Margold's litigation strategy. *Still, the NAACP received support from courageous Afro-American educators who allowed their names to be used to press complaints of discrimination in teachers' salaries. The jurists would be caught in a difficult analytical box from which there could be no escape. Brown began the process of withdrawing the law's sanction from the system of caste and caste-like distinctions that had been a part of American life from the beginning. At the same time, NAACP members were subject to harassment and violence. The court did not condemn the scholarship program as a matter of law. By August 1950, the University of Delaware was ordered to admit blacks to its undergraduate campus because of the "woefully inferior" opportunities otherwise available to them. 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