His strategy was part direct, part circumspect. Du Bois, the NAACP would take the bully pulpit to push for the abolition of segregation and racial caste distinctions, and it would fight for open and equal access to education and employment for Negroes. 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. HISTORY reviews and updates its content regularly to ensure it is complete and accurate. The segregated law school that Texas reserved for African Americans was unequal. Belton arose in Claymont, a suburb a few miles north of Wilmington. The changes in racial attitudes among white Americans are perhaps even more profound than has generally been acknowledged. 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." The strategy NAACP use to try to end segregation is: "Separate but Equal" by Toppling School Segregation. An attempt to get some good cases and set some decent precedents with regard to professional schools? Shortly after Sweatt, Marshall, 43 other attorneys, and 14 branch and local NAACP presidents convened to develop the next phase of the legal strategy. NAACP units throughout the country. All Rights Reserved. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacylives on in the pursuit of racial justice. 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. Marshall graduated first in his class and passed the Maryland bar in 1933. The NAACP works to remove all barriers of racial discrimination through democratic processes. He explained his view that segregated education gave its recipients a false education. 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. The black doll was selected when the children were asked which doll looked "bad.". Under the leadership of W.E.B. The first was to apply the Supreme Court's new understanding of inherent inequality to elementary and secondary education. 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. What Brown did do was to catalyze a whole new phase of the civil rights movement. Nonetheless, understanding the risk, he joined with the other conference members to support a resolution declaring that all future education cases would be aimed directly at segregation, not merely at the inequalities between black and white schools. Sweatt was an important step in the fight to end segregation, but it applied only to law schools. It was the first major case for a young attorney who would succeed Charles Hamilton Houston as NAACP special counselThurgood Marshall. The Racial History Of The Grandfather Clause. NPR. Multiracialism and a rejection of the kind of racism that prevailed in the first half and indeed beyond the first half of the 20th century has taken strong root in modern America. It is not hard to find. Popular games such as the original Warcraft games, Starcraft and Civilization allowed. Instead Margold urged an attack on "the constitutional validity of southern school systems as they exist and are administered at the present time [italics added]." That might work. The often profound socioeconomic inequalities between blacks and whites can be traced to slavery, segregation, and long-term patterns of exclusion. 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. When Houston became the NAACP's special counsel in 1933, he reexamined Margold's litigation strategy. The faculty consisted of two part-time instructors. That case, Alston v. School Board of City of Norfolk (1940), was decided in the United States Court of Appeals for the Fourth Circuit. Private schools in southern communities that originally started out as "Seg Academies," institutions founded to allow white students to avoid integrated public schools, now routinely enroll black students. The results were familiar. It would be another two years before the U.S. Supreme Court would hear and decide Sweatt v. Painter (1950), winning for him the right to attend the University of Texas. Houston also made the law school library a depository for files on civil rights litigation from around the nation. Marshall retired from the bench in 1991 and passed away on January 24, 1993, in Washington D.C. at the age of 84. 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. The District of Columbia's desegregation case began when a local barber, Bishop Gardner, organized the Consolidated Parents Group. Kenneth Clark was hired to provide expert testimony based on the doll studies. 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. They were Thurgood Marshall's contemporaries and personal friends. Chief Justice Earl Warren read the opinion for a unanimous Court. Before Brown, the Fourteenth Amendment notwithstanding, American law gave its sanction to a patent system of racial inequality. 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. The NAACP will seek to safe guard the moral and tenure rights of Negro teachers in the assignment of personnel in desegregated systems. In 1957, LDF, led by Marshall, became an entirely separate entity from the NAACP with its own leadership and board of directors and has remained a separate organization to this day. 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. 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. When Did Thurgood Marshall Establish LDF? 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. Raymond T. Diamond is C.J. Given the temper of the times, Margold recognized that it wouldn't do to attack school segregation under any and all circumstances. In 1946 he applied to the all-white law school at the University of Texas. 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. The NAACP could continue to urge the courts to find segregation inherently unconstitutional. He too had applied to the University of Maryland's law school in 1930, and like Murray, Marshall was rejected. Maryland was willing to provide a state-supported legal education for Murray, but not in Maryland and not at the state university. 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. 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. University of Maryland President Raymond Pearson informed Murray that while the University of Maryland did not accept black students, Howard University did. Compared with most other cities, Washington's black community was well educated and relatively well off. Such an exclusion meant that the education at the separate law school for blacks was not the equal of the one received by whites. While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. Simply put, the Court was "unable to find substantial equality in the educational opportunities offered white and Negro law students by the State." The rejection letter stated that the school "did not accept Negro students." 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. This is clear in the language of the appellate opinion. Howard became a clearinghouse and research center for those involved in the fight against segregation. The rejection letter informed him that he could request that the state of Texas establish a law school for Negroes. They are law school graduates and they spend their professional lives working with law school graduates. The 1954 decision provided a foundation for later court decisions and legislative enactments that established a new set of norms concerning law and race. But the law has found the system of structural inequality a more vexing problem. 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. In 1936, Marshall became the NAACPs chief legal counsel. If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch; and Bounds v. Smith, which held that state prison systems must provide their inmates with adequate law libraries or adequate assistance from persons trained in the law.. He was still the only black attorney in Delaware when the desegregation cases were filed more than 20 years later. 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. The march was one of the first mass demonstrations in America against racial violence. 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. One of his great-grandfathers had been taken as a slave from the Congo to Maryland where he was eventually freed. The Court had interpreted that clause to mean that no state action not grounded in a rational basis could stand constitutional muster. The civil rights struggles of the 1960s, which led to among other things the critical Civil Rights Act of 1964 and the Voting Rights Act of 1965, played a crucial role in dismantling legal support for the American system of race as caste. 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. 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. 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. Among its most significant achievements was the NAACP Legal Defense Fund's challenge to end segregation in . Marshall successfully challenged the board to only litigate cases that would address the heart of segregation. These included: 1. Restaurants and hotels were segregated, but bus and train station waiting rooms were not. Marshall and his associates knew they would have to choose their cases and their clients carefully. 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. 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 boycott took place from December 5, 1955, to December 20, 1956, and is regarded as the first large-scale U.S. demonstration against segregation. And there was more. The NAACP filed suit in state court on Sweatt's behalf. The legislature moved to provide a more credible alternative. 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. , 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. After the meeting, Gardner introduced himself and met with Houston later that night. Thurgood Marshalls legacy lives on with the. lives on in the pursuit of racial justice. " Marshalls status as a pillar of the Civil Rights Movement is confirmed and upheld by LDF and other organizations that strive to uphold the principles of civil rights and racial justice. After two years of inaction, the branch contacted the organization's headquarters in New York and requested assistance in filing a lawsuit. If they were intellectually honest, they could not, on the basis of the extensive evidence presented, rule that segregated schools wereor could ever beequal. The Supreme Court's decision in Sweatt was unanimous in Heman Sweatt's favor. Social change had helped bring new allies to the fight against segregation. Yet, Sweatt refused to attend the law school at the Texas State University for Negroes. Maryland looked like it might provide fertile ground for such an effort. NAACP. Black children, in contrast, were required to travel by bus to Howard High in Wilmington, the only black high school in the entire state. Morrow Research Professor of Law and adjunct professor of African Diaspora studies at Tulane University. The NAACP means the National Association for the Advancement of Colored People. It was surrounded by factories and warehouses. NAACP lawyers brought the case in state court. In 1931, the NAACP's first staff attorney, Nathan Margold, outlined a legal strategy to challenge school segregation. Houston was a man of extraordinary brilliance. (1952) and Gebbart v. Bulah (1952). The new postwar racial atmosphere helped bring the civil rights organization important allies who agreed with their stand. 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. Murray, the court noted, had been "denied admission on the sole ground of his color." After all, after nearly half a century, the equal side of separate but equal was finally coming into prominence. Public facilities, public transportation, housing, and public schools were all rigidly segregated. In 1967, he became the first Black Supreme Court justice. Two Richmond lawyers, Oliver Hill and Spottswood Robinson, served in that capacity. The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954Browndecision. 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. He was commissioned as a first lieutenant after attending a training camp for Negro officers in Des Moines, Iowa. 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." 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. All articles are regularly reviewed and updated by the HISTORY.com team. In 1951, Kenneth Clark, a social psychologist at the City College of New York, and his wife and fellow psychologist, Mamie Clark, developed a series of studies that examined the psychological effects of segregated and racially mixed schools on black children. It was, as lead counsel Thurgood Marshall stated, "an apology to Negroes for denying them their constitutional rights to attend the University of Texas," and, it should be added, not a particularly good one at that. What strategy did the NAACP use to try and end segregation? Their offices were at the University of Texas. But because the tangible facilities were not equal, Texas could not restrict Negroes to the Jim Crow school. Both the tangible and the intangible factors were inferior. The experiments consistently showed that the participating black children preferred the white dolls. Along the way, the civil rights movement would encounter every conceivable kind of resistance from unofficial and official quarters, but it would succeed in winning over new supporters. The NAACP challenged the law and won a legal victory in 1915 when the U.S. Supreme Court ruled in Guinn v. United States that grandfather clauses were unconstitutional. Senior high schools were integrated, but they had separate teams in basketball, swimming, wrestling, golf, and tennis, as well as separate pep clubs, separate cheerleaders, and a separate assembly at which black students were urged to keep to their place. 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. 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. It occupied a 14-acre site. The judge was the same one who had held that the vastly inferior Prairie View school was equal. 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 combination grade school-high school in Claymont served about 400 white students. By the fall of 1950, the University of Maryland was forced by court order to open to blacks its graduate program in sociology. The entirely part-time faculty had no offices at the black school. The Civil Rights Act of 1964: A Long Struggle for Freedom. It was the NAACP's first major victory in the campaign against segregated higher education. What strategy did the naacp use to end segregation? 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. These kinds of arguments could be challenged, of course, but they would involve the NAACP in long, often hard to prove, fact-specific litigation. Robert J. Cottrol is Harold Paul Green Research Professor of Law and professor of history and sociology at George Washington University. What strategy did the NAACP use to try to end segregation? 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. The Clarks first asked the children, aged three to seven, to identify the race of the dolls. U.S. House of Representatives. 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. What strategies did the naacp use for civil rights? National Association for the Advancement of Colored People (NAACP), interracial American organization created to work for the abolition of segregation and discrimination in housing, education, employment, voting, and transportation; to oppose racism; and to ensure African Americans their constitutional rights. His strategy was part direct, part circumspect. They would challenge segregation at small-town lunch counters and risk their lives on the often dangerous back roads of the rural South. If the Court had ended its analysis there, the Sweatt case would have been just another case upholding the separate but equal doctrine. 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. Houston's skillful cross examination of the dean of the University of Maryland's law school highlighted this point. 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. 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. 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. Like Donald Murray, Marshall was a Baltimore native. Such an approach would invite, in his words, "intense opposition, ill-will and strife." Racism still exists. Few in the modern behavioral or biological sciences support the kind of scientific racism that was heartily championed at the best universities a century ago. 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. Resistance to racial segregation and discrimination during the pre- and postwar eras of the twentieth century was undertaken by the use of a number of different strategies, including civil disobedience, nonviolent resistance, political marches, boycotts, rallies, and proposed legislation. Large numbers of white children attended the public schools. 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. These were sanctioned, indeed often mandated, by law. The boycott was not supported by the local NAACP branch. 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. Administratively, the school was part of Prairie View University, a Texas state university for Negroes, some 40 miles away. Which the city did four years before the 1964 Civil Rights Act. With this pronouncement, America stood at the dawn of a new era in race relations. Wells, Archibald Grimke and Mary Church Terrell. In this role, he attended the founding convention for the United Nations, channeling his energies toward lobbying the global body to acknowledge the suffering of Black Americans. 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. Solicitor General Philip Perlman filed an amicus brief supporting the NAACP's position on behalf of the Truman administration. Prairie View's new law school was a poor excuse for equal education, indeed even for good education. 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 decision would become a catalyst for profound changes in legal norms. The correspondence between Murray and University of Maryland officials allowed the NAACP to focus on the issue of segregation. It was an argument that segregation inherently produced inequality. Despite the relative affluence of its black community, Washington was as segregated as any city in the Deep South. I made up my mind that if I got through this war I would study law and use my time fighting for men who could not strike back.". They picked the white doll when asked which was the "nice" one or the one they preferred to play with. 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. 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. arguing legal cases in court Read this quotation. This was controversial. 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. 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. They then made a series of commands. The court held that the state had failed in its Fourteenth Amendment obligation to provide an equal education. There was no library. 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. Find History on Facebook (Opens in a new window), Find History on Twitter (Opens in a new window), Find History on YouTube (Opens in a new window), Find History on Instagram (Opens in a new window), Find History on TikTok (Opens in a new window), https://www.history.com/topics/black-history/naacp. Texas reserved for African Americans was unequal, but it applied only to law schools -- in. Law has found the system of racial discrimination through democratic processes the system of racial inequality popular games such the..., in his class and passed away on January 24, 1993, his. Defense Fund & # x27 ; s fight against segregated education -- the major! In its Fourteenth Amendment obligation to provide a more vexing problem had applied the. ; by Toppling school segregation a Baltimore native in state Court on 's... A slave from the bench in 1991 and passed away on January,... And set some decent precedents with regard to professional schools the branch contacted organization... 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Content regularly to ensure it is complete and accurate another case upholding the but!
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