Affirmative action programs exist to try to increase the number of minority students admitted to universities or minority employees hired by firms. What Brown did do was to catalyze a whole new phase of the civil rights movement. Like Donald Murray, Marshall was a Baltimore native. 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. Sweatt was a letter carrier who lived in Texas. Ultimatelyafter more than 100 years of effortthe NAACP and other groups were able to get a federal anti-lynching law passed and signed by President Joe Biden in 2022. 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. He served as Associate Justice from 1967-1991 after being nominated by President Lyndon B. Johnson. In his Bakke dissent, he wrote: In light of the sorry history of discrimination and its devastating impact on the lives of Negroes, bringing the Negro into the mainstream of American life should be a state interest of the highest order. The results were familiar. Through the courts, he ensured that Black people enjoyed the rights and responsibilities of full citizenship. But the case was important for another reason as well. The 1954 decision provided a foundation for later court decisions and legislative enactments that established a new set of norms concerning law and race. It had to convince the courts that segregation was inherently unequal and that that inequality could be eliminated only by outlawing segregation itself. In effect, the Supreme Court in Sweatt was going well beyond Murray by saying that segregation in law school is inherently unequal. An effective way to demonstrate this is to search terms using the search engine on the NAACP's website. The appellate opinion went on to consider the question of intangible differences between a law school education at Howard and one at the University of Maryland. An additional important point should be made. 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 court did not hold that another scholarship program would be unconstitutional. 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. Give me the doll that is the nice doll.3. The faculty consisted of two part-time instructors. Not more than three weeks after the decision in Sweatt, two black graduate students were admitted to the University of Texas, and Heman Sweatt became the first black person to enroll at the law school. These facts probably helped influence the Court's decision. There was no state school for the education of Negro lawyers. Kenneth Clark was hired to provide expert testimony based on the doll studies. Job opportunities were the primary focus of the National Urban League, which was established in 1910. The NAACP argued that there was no "valid legislative end" that justified racial segregation, that segregation was arbitrary and irrational. 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. 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. Howard became a clearinghouse and research center for those involved in the fight against segregation. Wells, Archibald Grimke and Mary Church Terrell. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. After all, after nearly half a century, the equal side of separate but equal was finally coming into prominence. 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. The entirely part-time faculty had no offices at the black 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. That might work. The 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. What strategy did the NAACP use to try and end segregation? Library of Congress. " Du Bois, the only Black person on the initial leadership team, served as director of publications and research. Marshall founded LDF in 1940 and served as its first Director-Counsel. The second was to bring cases that would coax the Supreme Court into doing what it had assiduously avoided doing in Sweatt: overturning Plessy. It was able to do so in large part because of the remarkable courage of ordinary men and women. It established precedent within Maryland and might persuade courts in other jurisdictions. Social change had helped bring new allies to the fight against segregation. Photographs and illustrations, as well as text, cannot be used without permission from the AFT. University of Maryland President Raymond Pearson informed Murray that while the University of Maryland did not accept black students, Howard University did. Since its inception, the NAACP has worked to achieve its goals through the judicial system, lobbying and peaceful protests. LULAC They all had a common aim: the elimination of Plessy v. Ferguson's "separate but equal" doctrine. This happened because the NAACP chose a strategy of litigation and, later, lobbying, that lost favor as African Americans and their allies turned to direct action as a strategy. Just before the six months were up, the state presented the trial court with evidence that it had established the Jim Crow law school. Who Appointed Thurgood Marshall to the Supreme Court? What is clear is that the terrain would have been much bumpier and the playing field an awful lot less level without the efforts of those men and women who developed the strategy, argued the case, and changed history in Brown v. Board of Education. As it celebrates its centennial, the NAACP is reflecting on the progress made and the work still to be done. They could continue to engage in spurious rationalizations, or they could enforce the Fourteenth Amendment in a way that would make the constitutional provision meaningful. 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. 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 University of Maryland's law school was only open to whites. That case, Alston v. School Board of City of Norfolk (1940), was decided in the United States Court of Appeals for the Fourth Circuit. Was a new building constructed for the white school and not the black one? Black children, in contrast, were required to travel by bus to Howard High in Wilmington, the only black high school in the entire state. The school was well equipped, and the grounds were beautifully landscaped. 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. Not surprisingly, terms such as "discrimination," "racism," and "victim" return ample results1,902, 605, and 294, respectively. Like Houston, Murray was a graduate of Amherst College, and, by any standard, qualified for admission to the University of Maryland Law School. The use of such experts as psychologists and social scientists accomplished a number of important goals. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do. 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. 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. 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. But the law has found the system of structural inequality a more vexing problem. Two Richmond lawyers, Oliver Hill and Spottswood Robinson, served in that capacity. The political opposition would be intense, perhaps fatal. 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 correspondence between Murray and University of Maryland officials allowed the NAACP to focus on the issue of segregation. Still, state officials recognized that they were on shaky ground, that appellate courts would be more skeptical. 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.". 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. Large numbers of white children attended the public schools. 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. After WWII,. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. NAACP units throughout the country. Without the willingness of Negro parents after Brown to risk their children's lives by sending them to the white schools of the South, the Warren opinion would have been a dead letter. Their offices were at the University of Texas. What strategies did the naacp use for civil rights? NAACP v Alabama was important because it would have prohibited the NAACP from operating in the state of Alabama. A strategy game allows players to use critical decision-making skills to determine the outcome of the game. The group is also celebrated for its Image Awards, given to those who excel in the arts and media, Theater Awards for the dramatic arts and Spingarn Medals for outstanding work by Black leaders in any field. 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." 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. By 1952, the number had grown to twelve. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacylives on in the pursuit of racial justice. 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. 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." Redfield testified on the general effect of segregated education. Both were trained at Howard Law School during the years that Charles Houston was dean. Before Brown, the Fourteenth Amendment notwithstanding, American law gave its sanction to a patent system of racial inequality. Brown played an important role in challenging the system of caste and exclusion that had developed in American society. These articles were especially adapted for American Educator by Robert J. Cottrol from Brown v. Board of Education: Caste, Culture, and the Constitution, by Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware (Lawrence: University Press of Kansas, 2003) by permission of the publisher. By the fall of 1950, the University of Maryland was forced by court order to open to blacks its graduate program in sociology. Chinese Which of the following is a Latino rights group? They are law school graduates and they spend their professional lives working with law school graduates. 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. 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. Anti-Lynching Legislation Renewed. Walter White, Executive Director of the NAACP, over the use of the Garland Fund grant. In April 1951, a group of students at Moton High School, a black school in Prince Edward County, Va., organized a strike to protest their high school's shoddy conditions. Marshall and his associates knew they would have to choose their cases and their clients carefully. 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. The small number of students might have meant a smaller teacher-student ratio, but it also meant an inferior education. The jurists would be caught in a difficult analytical box from which there could be no escape. 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. 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. 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. Here it is important to note that judges, of course, know a great deal about law schools and how to compare them. He explained his view that segregated education gave its recipients a false education. 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. Marshall graduated first in his class and passed the Maryland bar in 1933. What was the NAACP? 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. The Negro university had only five part-time members and a tiny student body. Maryland looked like it might provide fertile ground for such an effort. It was an argument that segregation inherently produced inequality. 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 Racial History Of The Grandfather Clause. NPR. Such an approach would invite, in his words, "intense opposition, ill-will and strife." The historically white University of Tennessee also admitted black students to previously segregated programs, bringing the total of southern states doing so to six. 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. Prairie View's new law school was a poor excuse for equal education, indeed even for good education. That is, he was qualified by any standard but one. His strategy was part direct, part circumspect. The NAACP won the case and it was a big victory for civil rights. 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 the voting rights arena, the NAACP ended Oklahoma's restrictive time limit on when Negroes could register to vote and Texas's all-white primary. Marshall was born on July 2, 1908, in Baltimore, Maryland, to William Marshall, railroad porter, who later worked on the staff of Gibson Island Club, a white-only country club and Norma Williams, a school teacher. He immediately began the practice of law, representing the NAACP's interests in Maryland. arguing legal cases in court Read this quotation. It was written in a straightforward style that could be understood by the most unsophisticated reader. 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. But Brown was not self-executing. How Did Thurgood Marshall Help the NAACP? What strategy did the NAACP use to end racial segregation? 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. How did naacp use litigation? While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. 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. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. 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. All rights reserved. The percentage of black children born out of wedlock approaches 70 percent. Third, the testimony of experts refuted widely held beliefs about the intellectual inferiority of Afro-Americans. 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. W.E.B. These lawsuits were combined into the landmark Brown v. But the Supreme Court had disposed of the case without addressing Marshall's argument. Houston no doubt took pleasure in seeing, in Marshall's commitment and performance, graphic evidence of the success of his policies at Howard. 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. 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. Give me the doll that looks bad.4. Add an answer or comment Log in or sign up Questions asked by the same visitor The trial judge said no, as did Maryland's highest court on appeal. As a lead legal architect of the civil rights movement, Marshall constantly traveled to small, dusty, scorching courtrooms throughout the south. His strategy was part direct, part circumspect. Copyright 2023 NAACP Legal Defense and Educational Fund, Inc. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacy. Updated: March 29, 2023 | Original: October 29, 2009. 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. It was surrounded by factories and warehouses. He was still the only black attorney in Delaware when the desegregation cases were filed more than 20 years later. 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. Moreover, he continued, not only did segregated education produce negative effects, it also produced no positive effects. A third of the city's Afro-American population was employed by the federal government. The experiments consistently showed that the participating black children preferred the white dolls. 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 first part of that argument was based on the equal protection clause. what did Carver and Delia discover about the Ripper's victims? 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. But at the end of the day, "separate but equal" remained entrenched. He established the first course in civil rights law taught at an American law school. Increasingly, access to the courts . In one of the tests, the Clarks used four dollstwo brown, two white. The first was to apply the Supreme Court's new understanding of inherent inequality to elementary and secondary education. LEGAL STRATEGIES. The second part of the argument was also based on the equal protection clause. The court held that the state had failed in its Fourteenth Amendment obligation to provide an equal education. 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. And there was more. 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. The NAACP is the oldest and most recognized civil rights organization in the United States. The NAACP's equalization strategy, and the cases litigated by the NAACP in the U.S. District Courts in Virginia, was an instrumental step in the fight to desegregate schools across America. 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. 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. 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