Which was the largest group of Asians to first come to the United States? It did so in the hopes of dealing a fatal blow to segregation under the equal protection clause. How Did Thurgood Marshall Help the NAACP? Since its inception, the NAACP has worked to achieve its goals through the judicial system, lobbying and peaceful protests. Five of the seven movie theaters were relegated to whites only, and a sixth was for blacks; the seventh allowed both races, but blacks were consigned to the balcony. Even if he had received a scholarship, the court found that Murray would still be at a significant disadvantage because of the added costs of commuting or relocating. The challenge would not be undertaken in just one district. 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. Today, the raw racism that prevailed in daily life, popular culture, and academic treatise at the beginning of the last century has become an embarrassing relic, defended by only a marginalized few in public life. 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. These facts probably helped influence the Court's decision. The University of Maryland's law school was only open to whites. 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. Some 10,000 people in New York City participated in a 1917 NAACP-organized silent march to protest lynchings and other violence against Black people. He served as Associate Justice from 1967-1991 after being nominated by President Lyndon B. Johnson. He did get through. But that is only part of the story. No two of these cases were argued by the exact same legal team. These were sanctioned, indeed often mandated, by law. 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. 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. The school was housed in two rented rooms in Houston. 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 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. Before Brown, the Fourteenth Amendment notwithstanding, American law gave its sanction to a patent system of racial inequality. 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. 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 percentage of black children born out of wedlock approaches 70 percent. 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 legacy of slavery, caste, and racism is a poverty rate for black families that is roughly three times that for whites. 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. He was commissioned as a first lieutenant after attending a training camp for Negro officers in Des Moines, Iowa. Tushnet cites W.E.B. There was no library. *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. As one expert witness testified at trial, "a well-rounded, representative group of students" was necessary to enrich the learning atmosphere and to maximize the value of classroom discussion. Popular games such as the original Warcraft games, Starcraft and Civilization allowed. 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. The Court then traced the evolution of the separate but equal doctrine from Plessy through McLaurin (a case decided shortly before Sweatt in which the Court ruled that segregation within a desegregated institution, such as having blacks relegated to the back of a classroom, interfered with the educational process). Today, the NAACP honors its heritage of activism and continues to work for civil rights. 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. For a short time afterward, he taught in the English department at Howard University. 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. NAACP. Of course, the trial court found that the new school provided an education equal to that provided by the state university. 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. Just before the six months were up, the state presented the trial court with evidence that it had established the Jim Crow law school. If that was done, it would be too easy for a peculiar set of facts, a shrewdly litigated defense case, or a clever and obstinate judge to thwart the NAACP's efforts. 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. Given the temper of the times, Margold recognized that it wouldn't do to attack school segregation under any and all circumstances. 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. During this era, the NAACP also successfully lobbied for the passage of landmark legislation including the Civil Rights Act of 1964, prohibiting discrimination based on race, color, religion, sex or national origin, and the Voting Rights Act of 1965, barring racial discrimination in voting. In 1933, Charles Hamilton Houston succeeded Margold as the NAACP's chief attorney. First, it demonstrated the psychological injuries that were caused by segregation. 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. The Clarks first asked the children, aged three to seven, to identify the race of the dolls. As a result, Marshall attended Howard's law school, just as Houston's reforms were beginning to take hold. An effective way to demonstrate this is to search terms using the search engine on the NAACP's website. Given the temper of the times, Margold recognized that it wouldn't do to attack school segregation under any and all circumstances. He indicated that Murray might attend Howard under the auspices of a scholarship for black students who could not attend state institutions. 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 the new NAACP position did not require the sacrifice of the strategy that had brought victory in Sweatt and the other cases. How did naacp use litigation? Large numbers of white children attended the public schools. They would bring the movement to Washington D.C.'s Lincoln Memorial and ultimately, to the halls of Congress. 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. 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. Thurgood Marshall was an influential leader of the civil rights movement whose tremendous legacylives on in the pursuit of racial justice. NAACP v Alabama was important because it would have prohibited the NAACP from operating in the state of Alabama. Anti-Lynching Legislation Renewed. 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. Professional schools were also a tempting target for another reasonthey carried less emotional baggage. The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. LEGAL STRATEGIES. Surprisingly, even the occasional right-wing antigovernment militia will sometimes have a black member or two. 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. Our History. The NAACP attacked racial segregation through a series of legal challenges. Brown played an important role in challenging the system of caste and exclusion that had developed in American society. 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." , a multidisciplinary center within the NAACP Legal Defense Fund. 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. (1952) and Gebbart v. Bulah (1952). It was an argument that segregation inherently produced inequality. Still, state officials recognized that they were on shaky ground, that appellate courts would be more skeptical. 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.". Four days before the boycott began, Rosa Parks . In 1962, Medgar Evers, the first NAACP field secretary in Mississippi, was assassinated outside his home in Jackson by a white supremacist. Through the courts, he ensured that Black people enjoyed the rights and responsibilities of full citizenship. 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. He too had applied to the University of Maryland's law school in 1930, and like Murray, Marshall was rejected. It got Donald Murray admitted to the University of Maryland. The NAACP was established in February 1909 in New York City by an interracial group of activists, partially in response to the 1908 Springfield race riot in Illinois. As it celebrates its centennial, the NAACP is reflecting on the progress made and the work still to be done. 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. It would crusade against lynching and offer legal assistance to defend black people mistreated in criminal court. But if Brown should be seen as having a central importance in the fight against caste and racism, Brown also provides an important lesson in the law's limitations. Leland B. Ware is Louis L. Redding Chair for the Study of Law and Public Policy at the University of Delaware. The National Association for the Advancement of Colored People, or NAACP, is America's oldest and largest civil rights organization. The trial court record also contained important evidence showing the qualitative, intangible differences between the two schools. Add an answer or comment Log in or sign up Questions asked by the same visitor Careful selection of the right plaintiff had paid off. The alumni of the University of Texas School of Law were large in number and wielded a great deal of power and influence throughout the Lone Star State and beyond. The black doll was selected when the children were asked which doll looked "bad.". But "out-of-wedlock births" returns only one . Marshall and his associates knew they would have to choose their cases and their clients carefully. In addition, he successfully brought lawsuits that integrated other state universities. But the law has found the system of structural inequality a more vexing problem. Howard became a clearinghouse and research center for those involved in the fight against segregation. Log in for more information. The court did not condemn the scholarship program as a matter of law. There were 2,375 white students attending 12 schools. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. The NAACP also addressed the rise in hate crimes, evinced by a series of black church fires that swept the Southeast. The mayor and businesses were eager to end the pickets and boycotts that had hurt the bottom line for months. In this period of power politics, nothing counts but pressure, and still more pressure, through the tactic and strategy of broad, organized, aggressive mass action behind the vital and important issues of the Negro. The often profound socioeconomic inequalities between blacks and whites can be traced to slavery, segregation, and long-term patterns of exclusion. 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. 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. And there was more. 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. He established the first course in civil rights law taught at an American law school. Under the leadership of W.E.B. 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? 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. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. While the Prince Edward County case was pending, a separate case was filed in the District of Columbia. The rejection letter stated that the school "did not accept Negro students." The NAACP could continue to urge the courts to find segregation inherently unconstitutional. 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. 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. Indeed that liberalization has spread and intensified. It has lessened to be sure, but African Americans remain the most segregated of the racial and ethnic groups in the United States, with the exception of Indians on reservations. The South Carolina and Kansas cases would also be joined by two separate cases that were filed in Delaware: Gebbart et al. 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. 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. In many ways it fit Winston Churchill's observation during the Second World War immediately after the allied victory in North Africa. 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 correspondence between Murray and University of Maryland officials allowed the NAACP to focus on the issue of segregation. Eventually, the students sent a letter to the NAACP's special counsel for the Southeast region. The political opposition would be intense, perhaps fatal. 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. All rights reserved. First among these was the United States government. The second was to bring cases that would coax the Supreme Court into doing what it had assiduously avoided doing in Sweatt: overturning Plessy. 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. 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]." Despite the relative affluence of its black community, Washington was as segregated as any city in the Deep South. The judge was the same one who had held that the vastly inferior Prairie View school was equal. Watch acclaimed Black History documentaries on HISTORY Vault. 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. 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. What Brown did do was to catalyze a whole new phase of the civil rights movement. This was controversial. The NAACP filed suit in state court on Sweatt's behalf. He graduated as a valedictorian from Amherst College in 1915 at age 19. Was a new building constructed for the white school and not the black one? Social change had helped bring new allies to the fight against segregation. Sweatt was an important step in the fight to end segregation, but it applied only to law schools. In February of 1948, Gardner visited a NAACP meeting at a Methodist church were Charles Houston was delivering an address. The jurists would be caught in a difficult analytical box from which there could be no escape. That might work. The third prong of the NAACP's attack was based on the Fourteenth Amendment's due process clause. There would be even fewer African Americans eligible for admission. Thurgood Marshalls legacy lives on with the. After describing the importance of education to a democratic society, the Court framed the issue as whether "segregation of children in public schools solely on the basis of race deprives the children of the minority group of equal educational opportunities." 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. 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. At the same time, NAACP members were subject to harassment and violence. 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. The court held that the state had failed in its Fourteenth Amendment obligation to provide an equal education. In addition, black teachers who acted as plaintiffs in salary equalization suits ran serious risk of being fireda particularly severe risk given the desperate scarcity of jobs in America in the 1930s.*. Library of Congress. The Legal Strategy That Brought Down "Separate but Equal" by Toppling School Segregation. Nonetheless, the trial court found that the Jim Crow law school provided a legal education that was equal to that provided by the University of Texas. 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. Such an exclusion meant that the education at the separate law school for blacks was not the equal of the one received by whites. 2023, A&E Television Networks, LLC. It is not hard to find. 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." The Court had not explicitly overruled Plessy v. Ferguson; indeed, the Court was quite clear on that point. W.E.B. The strategy adopted by the NAACP to end segregation was B. arguing legal cases in court. The trial court opinion stated that state officials were under no obligation to admit him to 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. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do. Well, schools can't be expected to be identical; the schools were simply serving the different needs of their different constituencies. After all, after nearly half a century, the equal side of separate but equal was finally coming into prominence. 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 NAACP argued that there was no "valid legislative end" that justified racial segregation, that segregation was arbitrary and irrational. Over time, the NAACP would become the nation's premier civil rights organization. While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. After a ten-year hiatus, Du Bois came back to NAACP as the director of special research from 1944 to 1948. This is clear in the language of the appellate opinion. The state legislature had passed a statute in response to Murray's lawsuit. Past winners have included George Washington Carver, Will Smith, Mary J. Blige, Alex Haley, Jesse Jackson and Oprah Winfrey. In its brief and oral argument, the NAACP gave ample evidence of this. 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 District of Columbia's desegregation case began when a local barber, Bishop Gardner, organized the Consolidated Parents Group. 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 . It was clear that in the South, expenditures on black schools were significantly inferior on a per capita basis to those for white schools. Raymond T. Diamond is C.J. Houston's skillful cross examination of the dean of the University of Maryland's law school highlighted this point. After two years of inaction, the branch contacted the organization's headquarters in New York and requested assistance in filing a lawsuit. (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. 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. 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. 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. Segregation continues. 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'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. However Brown supporters and black leaders such as T.R.M. Maryland looked like it might provide fertile ground for such an effort. 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. Marshall graduated first in his class and passed the Maryland bar in 1933. Both he and the NAACP refused to disappear. But because the tangible facilities were not equal, Texas could not restrict Negroes to the Jim Crow school. Brown's importance in the history of American race relations is assured. 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