what strategy did the naacp use to try to end segregation?
(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. While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. Past winners have included George Washington Carver, Will Smith, Mary J. Blige, Alex Haley, Jesse Jackson and Oprah Winfrey. 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. The The march was one of the first mass demonstrations in America against racial violence. First, it demonstrated the psychological injuries that were caused by segregation. 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. Such an approach would invite, in his words, "intense opposition, ill-will and strife." His application evidently got more than routine notice and rejection. Yet it is not clear the extent to which the law will or can provide remedies in the future for the legacy of exclusion in the past. Houston was a man of extraordinary brilliance. 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 use of such experts as psychologists and social scientists accomplished a number of important goals. But the new NAACP position did not require the sacrifice of the strategy that had brought victory in Sweatt and the other cases. 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. Jurists were placed in a moral and ethical dilemma. This testimony, and the studies on which it was based, became a key element of the NAACP's evidence in the desegregation cases. 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. These included: 1. 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. 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. Early in its fight for equality, the NAACP used the federal courts to challenge disenfranchisement and residential segregation. The court did not hold that another scholarship program would be unconstitutional. But the Supreme Court had disposed of the case without addressing Marshall's argument. The NAACPs campaign was largely unsuccessful, but it helped raise the new groups public profile.. By 1919, the NAACP had some 90,000 members and more than 300 branches. The decision would become a catalyst for profound changes in legal norms. At Harvard he compiled a brilliant record, graduating in the top five percent of his class and serving as the first Negro editor of the Harvard Law Review. These were sanctioned, indeed often mandated, by law. The NAACP began a campaign to protest the flying of the Confederate flag in South Carolina. That might work. A.They were killed at the same time as the Ripper's victims in London B.The last names of the victims were spelling out "Ripper" C.The all had children born the same month as Carver D.The women had all been adopted when they were young children 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. 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. There were those who were pleased with the new progress and reluctant to give up what had been a successful campaign. It would do so in large part because the NAACP early on recognized that the courts, despite their racial conservatism, were a potentially potent weapon in the battle for racial change. After a ten-year hiatus, Du Bois came back to NAACP as the director of special research from 1944 to 1948. It would crusade against lynching and offer legal assistance to defend black people mistreated in criminal court. It got Donald Murray admitted to the University of Maryland. 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. 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. Like Donald Murray, Marshall was a Baltimore native. There was no separate law school for blacks, and there was no authority to establish one. But that is only part of the story. 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. One of the organization's key victories was the U.S. Supreme Court's 1954 decision in Brown v. Board of. Indeed that liberalization has spread and intensified. The school was well equipped, and the grounds were beautifully landscaped. Asked by Justice Felix Frankfurter during the argument what he meant by equal, Mr. Marshall replied, Equal means getting the same thing, at the same time, and in the same place. The 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. Administratively, the school was part of Prairie View University, a Texas state university for Negroes, some 40 miles away. The organization was led from 1929 to 1955 by Walter White, a mixed-race journalist and activist who spearheaded the groups participation in the Scottsboro Boys trial, race riot investigations and anti-lynching campaigns. Shortly after Sweatt, Marshall, 43 other attorneys, and 14 branch and local NAACP presidents convened to develop the next phase of the legal strategy. LEGAL STRATEGIES. States were being prodded toward making some progress in the equalization of schools, libraries, and recreational and other facilities. The Court saw significant differences between the University of Texas and the Texas State University for Negroes in the number of faculty, the breadth and depth of course offerings, the size of the student body, the size and scope of the library, and the availability of cocurricular offerings. Beyond the comparison of tangible and intangible differences, Marshall also brought before the court the University of Chicago's Robert Redfield, an expert with doctorates in both law and anthropology. Updated: March 29, 2023 | Original: October 29, 2009. Library of Congress. Howard became a clearinghouse and research center for those involved in the fight against segregation. The Legal Strategy That Brought Down "Separate but Equal" by Toppling School Segregation. The part-time faculty members were professors from the University of Texas School of Law. He found that plaintiff in Heman Sweatt. After the meeting, Gardner introduced himself and met with Houston later that night. In 1931, the NAACP's first staff attorney, Nathan Margold, outlined a legal strategy to challenge school segregation. 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. Prairie View's new law school was a poor excuse for equal education, indeed even for good education. 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. This made it clear that equalizing facilities would not remedy the harm that the black students were suffering. But it lacks the kind of official support that it had in generations past. 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. 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 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. 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. Professional schools were also a tempting target for another reasonthey carried less emotional baggage. 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 . 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. He immediately began the practice of law, representing the NAACP's interests in Maryland. Southern white fundamentalist Protestant churches often have black parishioners. 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. But professional schools were another matter. The attorneys agreed to represent the students not in a case to equalize the facilities, but in a case to desegregate the schools. Give me the doll you like to play with.2. No two of these cases were argued by the exact same legal team. The first part of that argument was based on the equal protection clause. 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. The boycott was not supported by the local NAACP branch. Such an exclusion meant that the education at the separate law school for blacks was not the equal of the one received by whites. 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. That case, Alston v. School Board of City of Norfolk (1940), was decided in the United States Court of Appeals for the Fourth Circuit. 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. We strive for accuracy and fairness. Louis Redding, a black civil rights lawyer, represented the plaintiffs in the Delaware cases. An attempt to get some good cases and set some decent precedents with regard to professional schools? 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. 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. The first case originated in Clarendon County, S.C. That county maintained a system of grossly unequal segregated schools. 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. They are law school graduates and they spend their professional lives working with law school graduates. It was clear that in the South, expenditures on black schools were significantly inferior on a per capita basis to those for white schools. But in education, Plessy's separate but equal doctrine still remained the law of the land. 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. Photographs and illustrations, as well as text, cannot be used without permission from the AFT. Learn more about the Institutes vision and their fight to continue Thurgood Marshalls honorable mission for racial justice. 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." 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 NAACP or National Association for the Advancement of Colored People was established in 1909 and is Americas oldest and largest civil rights organization. He graduated as a valedictorian from Amherst College in 1915 at age 19. NAACP lawyers brought the case in state court. In 1936, Marshall became the NAACPs chief legal counsel. 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. The rejection letter stated that the school "did not accept Negro students." 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. The opinion allowed state officials six months to establish a black law school. A victory against a state's single law school or medical school would reverberate across the state. In 1962, Medgar Evers, the first NAACP field secretary in Mississippi, was assassinated outside his home in Jackson by a white supremacist. NAACP. The rejection letter informed him that he could request that the state of Texas establish a law school for Negroes. The faculty consisted of two part-time instructors. There was no state school for the education of Negro lawyers. In representing Sweatt before the Supreme Court, Charles Hamilton Houston and Thurgood Marshall made the same three-part argument that had been rejected by the Texas Court of Civil Appeals. 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. Did the school for white children offer an academic curriculum while the school for Negroes offered a vocational program? In Sweatt, the NAACP was no longer alone. 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. Robert J. Cottrol is Harold Paul Green Research Professor of Law and professor of history and sociology at George Washington University. The Civil Rights Act of 1964: A Long Struggle for Freedom. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. The changes in racial attitudes among white Americans are perhaps even more profound than has generally been acknowledged. They have an expertise in the subject matter far beyond that which they have in other kinds of cases. Wells, Archibald Grimke and Mary Church Terrell. What was the NAACP and what did it do? Sweatt was an important step in the fight to end segregation, but it applied only to law schools. 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 Supreme Court's decision in Sweatt was unanimous in Heman Sweatt's favor. In arguing another law school case in the late 1940s, Marshall had attempted to use social science evidence to make the case that segregated facilities were inherently unequal. Tushnet cites W.E.B. The percentage of black children born out of wedlock approaches 70 percent. Plessy v. Ferguson had given "separate but equal" a constitutional imprimatur. Maryland looked like it might provide fertile ground for such an effort. 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. 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 strategy did the NAACP use to try to end segregation See answers Advertisement andriansp I believe the answer is: arguing legal cases in court When minority workers felt that they've been discriminated in the workplace, they can contact NAACP and asked for assistance. Marshall won a series of court decisions that gradually struck down that doctrine, ultimately leading to. Well, schools can't be expected to be identical; the schools were simply serving the different needs of their different constituencies. Eventually, the students sent a letter to the NAACP's special counsel for the Southeast region. Give me the doll that is the nice doll.3. 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. Brown's importance in the history of American race relations is assured. 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 South Carolina and Kansas cases would also be joined by two separate cases that were filed in Delaware: Gebbart et al. However Brown supporters and black leaders such as T.R.M. Marshall graduated first in his class and passed the Maryland bar in 1933. In the 19491950 academic year, there were 6,531 black students attending 61 schools. The issue was whether the state had chosen a proper method by which equal treatment would be maintained. The legislature moved to provide a more credible alternative. The court was forced to confront the constitutional issue. All articles are regularly reviewed and updated by the HISTORY.com team. The court did not condemn the scholarship program as a matter of law. 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. 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 also won a case challenging unequal pay in Virginia. 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. Large numbers of white children attended the public schools. 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. Who Appointed Thurgood Marshall to the Supreme Court? In 1946 he applied to the all-white law school at the University of Texas. Was a new building constructed for the white school and not the black one? The black doll was selected when the children were asked which doll looked "bad.". What was important was not so much the trial court decision as the record that was produced in the trial. The students intended to remain on strike until the local school board agreed to construct a new school. But the case was important for another reason as well. 8 . It would be a phase in which the champions of civil rights would continue the struggle for equal rights in the courts and in other venues. It was clear to the court that to entirely deny blacks the opportunity for a state-sponsored legal education when whites were provided one would violate the formula laid down by Plessy, but that was not the issue here. The Clarks' findings were corroborated by separate studies performed by other psychologists. These kinds of arguments could be challenged, of course, but they would involve the NAACP in long, often hard to prove, fact-specific litigation. 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. For a short time afterward, he taught in the English department at Howard University. The importance of Brown lay in its setting the nation's law on the path of rejecting the kind of racial exclusion that had made African Americans a people apart since before the nation's founding. Robert Carter and Jack Greenberg were the NAACP's point men for Brown. . 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. For these reasons, Houston decided that while the NAACP should continue its efforts to create a Hobson's Choice for school districts by bringing facility and salary equalization suits, it should also add a new, perhaps more promising, focus: desegregation in graduate and professional schools. Marshall had traditionally been cautious. 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. 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. The NAACP found one in Baltimore resident Donald Murray. Thurgood Marshalls legacy lives on with the Thurgood Marshall Institute, a multidisciplinary center within the NAACP Legal Defense Fund. 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. He was the architect of the legal strategy that ended the countrys official policy of segregation and was the first Black U.S. Supreme Court Justice. Segregation continues. The NAACP also argued that racial segregation did not meet the more exacting standard that had been suggested by two cases decided by the Supreme Court during the Second World War. The question was simple: Was Maryland's system of providing state-sponsored scholarships to schools outside the state equal to providing an education at the state's law school? If they were intellectually honest, they could not, on the basis of the extensive evidence presented, rule that segregated schools wereor could ever beequal. `` did not hold that another scholarship program would be maintained a constitutional.. 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