Louis Redding, a black civil rights lawyer, represented the plaintiffs in the Delaware cases. Increasingly, access to the courts . Comments There are no comments. arguing legal cases in court Read this quotation. Howard became a clearinghouse and research center for those involved in the fight against segregation. 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. Furthermore, because of the rapid growth in the city's black population during World War II, housing conditions in poor communities were deplorable, and black schools were inferior to white schools. It had to convince the courts that segregation was inherently unequal and that that inequality could be eliminated only by outlawing segregation itself. The NAACPs initial goal was to funnel equal resources to black schools. Washington Post. 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). The small number of students might have meant a smaller teacher-student ratio, but it also meant an inferior education. Thurgood Marshalls legacy lives on with the Thurgood Marshall Institute, a multidisciplinary center within the NAACP Legal Defense Fund. The often profound socioeconomic inequalities between blacks and whites can be traced to slavery, segregation, and long-term patterns of exclusion. 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. v. Belton et al. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do. , a multidisciplinary center within the NAACP Legal Defense Fund. Did the school for white children offer an academic curriculum while the school for Negroes offered a vocational program? A third of the city's Afro-American population was employed by the federal government. These included: 1. Both he and the NAACP refused to disappear. The opinion commenced with a recitation of the history of the cases from the trials to the arguments in the Supreme Court. On these facts, the court found that there was inadequate funding and no guarantee that Murray would have been successful had he applied for a scholarship. The third prong of the NAACP's attack was based on the Fourteenth Amendment's due process clause. 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. 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. 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. 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. The percentage of African-American children raised in female-headed, fatherless households has risen dramatically since the Brown decision: More than 50 percent of all African-American children are raised in such families. In one of the tests, the Clarks used four dollstwo brown, two white. In 1910, Du Bois started The Crisis, which became the leading publication for Black writers; it remains in publication today. How did naacp use litigation? The NAACP also helped organize the 1963 March on Washington, one of the biggest civil rights rallies in U.S. history, and had a hand in running 1964s Mississippi Freedom Summer, an initiative to register Black Mississippians to vote. 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. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. 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. These cases, Hirabayashi v. United States (1943) and Korematsu v. United States (1944), involved the imposition of curfews, relocation, and confinement of Japanese Americans on the West Coast. State officials, according to Margold's strategy, would be forced into the Hobson's choice of having to greatly increase expenditures on black schools or to think the unthinkable, providing one set of schools for all children. There was no need. 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. It is not hard to find. There was no shortage of potential cases with which to move the battle forward; segregated elementary and secondary schools existed throughout the South and in other regions as well. Social change had helped bring new allies to the fight against segregation. 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. 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. At the same time, NAACP members were subject to harassment and violence. Among other major victories, he successfully challenged a whites-only primary election in Texas in addition to a case in which the Supreme Court declared that restrictive covenants that barred blacks from buying or renting homes could not be enforced in state courts. 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. It would crusade against lynching and offer legal assistance to defend black people mistreated in criminal court. Like Donald Murray, Marshall was a Baltimore native. He was an ordinary citizen who was angered that his daughter had to travel each day past a modern, fully equipped white school to a black school housed in a deteriorated building. There were several plaintiffs, but Oliver Brown's name came first alphabetically, and as a result, when the case was filed in the federal court on February 14, 1951, the case bore his name. Second, it exposed the actual purpose of segregation, the perpetration of racial subordination. 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. It was a good strategy, but because of the depression, there would not be sufficient money to implement it during Margold's tenure at the NAACP. The state put no barriers in the way of higher education, for the University of Kansas had long been open to black people and so had Washburn University. Cases from across the country would be argued. 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. Both the tangible and the intangible factors were inferior. The strategy adopted by the NAACP to end segregation was B. arguing legal cases in court. 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. 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." 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. It was the first major case for a young attorney who would succeed Charles Hamilton Houston as NAACP special counselThurgood Marshall. Here it is important to note that judges, of course, know a great deal about law schools and how to compare them. In June 1954 Mississippi governor Hugh White met with a group of black and white leaders to implement his "equalization within segregation program," which endorsed voluntary segregation. 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. Robert Carter and Jack Greenberg were the NAACP's point men for Brown. Convinced that the law could be an important tool in the fight against racial repression, Houston began to give the Howard Law School a strong civil rights orientation. The student-to-faculty ratio was three times higher at Howard than at Claymont. 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. The second was to bring cases that would coax the Supreme Court into doing what it had assiduously avoided doing in Sweatt: overturning Plessy. This was controversial. The NAACP began a campaign to protest the flying of the Confederate flag in South Carolina. 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. In its charter, the NAACP promised to champion equal rights and eliminate racial prejudice, and to advance the interest of colored citizens in regard to voting rights, legal justice and educational and employment opportunities. In 1910, Oklahoma passed a constitutional amendment allowing people whose grandfathers had been eligible to vote in 1866 to register without passing a literacy test. The decision would become a catalyst for profound changes in legal norms. 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. In effect, the Supreme Court in Sweatt was going well beyond Murray by saying that segregation in law school is inherently unequal. There was no library. 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. 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. It was surrounded by factories and warehouses. First among these was the United States government. During the final decades of the 20th century, the NAACP experienced financial difficulties and some members charged that the organization lacked direction. But there were far fewer graduate and professional programs and, therefore, fewer targets for a concentrated litigation effort. The trial court ruled against Heman Sweatt and the NAACP, as did the Texas Court of Civil Appeals. Marshall and his associates knew they would have to choose their cases and their clients carefully. The expert witnesses would force the judges to grapple with the realities of segregation. 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. 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. 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. Gardner's group initiated a boycott of a black high school that was overcrowded and in a state of severe disrepair. The Court had reiterated its frequent admonishment that it "will decide constitutional questions only when necessary to the disposition of the case, and that such decisions will be drawn as narrowly as possible." Black children, in contrast, were required to travel by bus to Howard High in Wilmington, the only black high school in the entire state. 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 NAACP was established to: End racial segregation Bring about social justice Create equal opportunities for colored peop le. (back to article), A law review is a student-edited journal that publishes articles by law professors, practicing lawyers, and students; a moot courtroom is a space for practicing oral arguments and holding mock trials. 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. The second part of the argument was also based on the equal protection clause. Give me the doll that is a nice color. Murray, the court noted, had been "denied admission on the sole ground of his color." They would challenge segregation at small-town lunch counters and risk their lives on the often dangerous back roads of the rural South. 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. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. But the Court went beyond thatas had Maryland's highest court in Murray. Copyright 2023 NAACP Legal Defense and Educational Fund, Inc. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacy. What strategy did the NAACP use to end racial segregation? Well, schools can't be expected to be identical; the schools were simply serving the different needs of their different constituencies. Sixty percent of Claymont's faculty held master's degrees, compared with 40 percent at Howard. Like Houston, Murray was a graduate of Amherst College, and, by any standard, qualified for admission to the University of Maryland Law School. Segregation continues. Racist demagogues were sure to charge that black and white children attending elementary and secondary schools together would lead to the dreaded scourge of race mixing. As a result, Marshall attended Howard's law school, just as Houston's reforms were beginning to take hold. The opinion allowed state officials six months to establish a black law school. Updated: March 29, 2023 | Original: October 29, 2009. But in education, Plessy's separate but equal doctrine still remained the law of the land. Elementary schools were segregated, as the junior high school had been until 1941 litigation ended the practice. What strategy did the NAACP use to try and end segregation? All articles are regularly reviewed and updated by the HISTORY.com team. Houston also made the law school library a depository for files on civil rights litigation from around the nation. 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. -A. Philip Randolph, 1940 Marshall won a series of court decisions that gradually struck down that doctrine, ultimately leading to Brown v. Board of Education, 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 Brown did do was to catalyze a whole new phase of the civil rights movement. Job opportunities were the primary focus of the National Urban League, which was established in 1910. The combination grade school-high school in Claymont served about 400 white students. Raymond T. Diamond is C.J. The issue was whether the state had chosen a proper method by which equal treatment would be maintained. The trial court opinion stated that state officials were under no obligation to admit him to the University of Texas. In 1961, President Kennedy nominated Marshall to the U.S. Court of Appeals for the 2nd Circuit in which he wrote 112 opinions, none of which were overturned on appeal. Redding was a graduate of Brown University and Harvard Law School and was admitted to practice in Delaware in 1929. Among its most significant achievements was the NAACP Legal Defense Fund's challenge to end segregation in . Redfield testified on the general effect of segregated education. Since its inception, the NAACP has worked to achieve its goals through the judicial system, lobbying and peaceful protests. the NAACP focuses on issues that do little to help the black community and may in fact harm it. But Brown was not self-executing. Now in Sweatt, the NAACP was arguing that segregation could not meet that high standard if it was irrational to begin with. Which was the largest group of Asians to first come to the United States? The National Association for the Advancement of Colored People (NAACP) was formed in 1909 to fight Jim Crow, 20th-century America's experience with petty and not so petty apartheid. The aim was to produce, in the words of the conference report, "education on a nonsegregated basis that no relief other than that will be acceptable.". Given the temper of the times, Margold recognized that it wouldn't do to attack school segregation under any and all circumstances. The NAACP or National Association for the Advancement of Colored People was established in 1909 and is Americas oldest and largest civil rights organization. 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. There was no state school for the education of Negro lawyers. 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. Wells, Archibald Grimke and Mary Church Terrell. 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." Past winners have included George Washington Carver, Will Smith, Mary J. Blige, Alex Haley, Jesse Jackson and Oprah Winfrey. 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. 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. Murray was noteworthy. It got Donald Murray admitted to the University of Maryland. 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 entirely part-time faculty had no offices at the black school. Maryland was willing to provide a state-supported legal education for Murray, but not in Maryland and not at the state university. Instead different cases would be brought in several districts, in different regions of the South, and in other regions as well. After two years of inaction, the branch contacted the organization's headquarters in New York and requested assistance in filing a lawsuit. By the time of the trial, only 17 days after the scholarships became available, 380 African-American students had asked for applications, 113 had returned them, and there were still 12 more days during which completed applications would be accepted. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. *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. (1952) and Gebbart v. Bulah (1952). The case bearing the name by which the school desegregation cases are remembered began in 1948 when the Topeka, Kan., branch of the NAACP petitioned the local school board to desegregate the public schools. Public facilities, public transportation, housing, and public schools were all rigidly segregated. 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. Was a new building constructed for the white school and not the black one? The march was one of the first mass demonstrations in America against racial violence. Black people were only 7.5 percent of the state's population, and though they were, in general, relegated to the lowest rung of the economic ladder, they were allowed in some of the same civic organizations as whites. However Brown supporters and black leaders such as T.R.M. When Oliver Brown became the lead plaintiff in Brown v. Board of Education, Topeka and the state of Kansas had a schizophrenic attitude about its Negro population. 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. That case, Alston v. School Board of City of Norfolk (1940), was decided in the United States Court of Appeals for the Fourth Circuit. The Supreme Court's decision in Sweatt was unanimous in Heman Sweatt's favor. The attorneys agreed to represent the students not in a case to equalize the facilities, but in a case to desegregate the schools. But because the tangible facilities were not equal, Texas could not restrict Negroes to the Jim Crow school. If the Court had ended its analysis there, the Sweatt case would have been just another case upholding the separate but equal doctrine. 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