HISTORY reviews and updates its content regularly to ensure it is complete and accurate. Houston no doubt took pleasure in seeing, in Marshall's commitment and performance, graphic evidence of the success of his policies at Howard. The NAACP was far from certain that it could win a similar ruling on elementary and secondary schools. The decision would become a catalyst for profound changes in legal norms. 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. Cases from across the country would be argued. They picked the white doll when asked which was the "nice" one or the one they preferred to play with. 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. Du Bois, the only Black person on the initial leadership team, served as director of publications and research. While the Prince Edward County case was pending, a separate case was filed in the District of Columbia. LEGAL STRATEGIES. There was segregation, but it was not universal. It established precedent within Maryland and might persuade courts in other jurisdictions. The Clarks' findings were corroborated by separate studies performed by other psychologists. 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. Give me the doll that is a nice color. States were being prodded toward making some progress in the equalization of schools, libraries, and recreational and other facilities. Boards of education that ran elementary and secondary schools had an arsenal of potential defenses for differences between white and black schools. They would challenge segregation at small-town lunch counters and risk their lives on the often dangerous back roads of the rural South. Wiki User. The NAACP or National Association for the Advancement of Colored People was established in 1909 and is Americas oldest and largest civil rights organization. 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 District of Columbia's desegregation case began when a local barber, Bishop Gardner, organized the Consolidated Parents Group. 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. Photographs and illustrations, as well as text, cannot be used without permission from the AFT. 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. 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 . 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. After the meeting, Gardner introduced himself and met with Houston later that night. Professional schools were also a tempting target for another reasonthey carried less emotional baggage. These lawsuits were combined into the landmark Brown v. Marshall retired from the bench in 1991 and passed away on January 24, 1993, in Washington D.C. at the age of 84. Anti-Lynching Legislation Renewed. The segregated law school that Texas reserved for African Americans was unequal. 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. what did Carver and Delia discover about the Ripper's victims? 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. Despite the relative affluence of its black community, Washington was as segregated as any city in the Deep South. 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. No matter how much money the state might spend at the black law school, how many faculty members the state might add, how large the student body might grow, or how large the library holdings might become, the qualitative differences in the intangibles associated with the two schools meant that to deny Heman Sweatt admission to the University of Texas was unconstitutional. Through the courts, he ensured that Black people enjoyed the rights and responsibilities of full citizenship. In 1933, Charles Hamilton Houston succeeded Margold as the NAACP's chief attorney. These facts probably helped influence the Court's decision. The opinion commenced with a recitation of the history of the cases from the trials to the arguments in the Supreme Court. 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. 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. Pioneering civil-rights attorney Thurgood Marshall, the head of the NAACP Legal Defense and Educational Fund (LDF), successfully argued the case before the court. 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. 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 rejection letter informed him that he could request that the state of Texas establish a law school for Negroes. In the NAACPs early decades, its anti-lynching campaign was central to its agenda. 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. But it lacks the kind of official support that it had in generations past. A victory against a state's single law school or medical school would reverberate across the state. 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." Their offices were at the University of Texas. The tangible differences were damning enough. The court did not hold that another scholarship program would be unconstitutional. In 1936, Marshall became the NAACPs chief legal counsel. This was controversial. 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. Houston's skillful cross examination of the dean of the University of Maryland's law school highlighted this point. 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. 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. In its brief and oral argument, the NAACP gave ample evidence of this. In its battle against blatant racism in the nation's police stations and criminal courts, the NAACP had successfully stopped many African-American defendants from being railroaded, often to their deaths; reversed convictions; and got the U.S. Supreme Court to confirm that convictions based on forced confessions were invalid and to rule that a criminal court could not exclude Negroes from juries. 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? Marshall searched for another plaintiff who could help advance the court's thinking on the inherent inequality of separate education. Four days before the boycott began, Rosa Parks . 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. It was able to do so in large part because of the remarkable courage of ordinary men and women. Added 2/3/2022 5:18:03 AM This answer has been confirmed as correct and helpful. The possibilities for long-term evasion of any reckoning over inequalities in primary and secondary education were clear. Raymond T. Diamond is C.J. 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. Now in Sweatt, the NAACP was arguing that segregation could not meet that high standard if it was irrational to begin with. 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. By any concrete measure, the law school at the Texas State University for Negroes was a laughable substitute for the one at the University of Texas. 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." The NAACP also addressed the rise in hate crimes, evinced by a series of black church fires that swept the Southeast. 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. 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. If the Court had ended its analysis there, the Sweatt case would have been just another case upholding the separate but equal doctrine. All rights reserved. Yet, Sweatt refused to attend the law school at the Texas State University for Negroes. The NAACP is the oldest and most recognized civil rights organization in the United States. Washington Post. Sixty percent of Claymont's faculty held master's degrees, compared with 40 percent at Howard. The annual expenditures for these schools were $194,575. 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. At the same time, it was difficult for judges to break with long-standing social traditions and legal precedent. 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. The group also has pushed for the removal of Confederate flags and statues from public property. 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." Watch acclaimed Black History documentaries on HISTORY Vault. Segregation in graduate and professional education was as common in the South as segregation in elementary and secondary schools. LULAC 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. It would crusade against lynching and offer legal assistance to defend black people mistreated in criminal court. Of course, the trial court found that the new school provided an education equal to that provided by the state university. That case, Alston v. School Board of City of Norfolk (1940), was decided in the United States Court of Appeals for the Fourth Circuit. There were 2,375 white students attending 12 schools. 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. While practicing law in Washington, D.C., Houston taught law part-time at Howard University Law School. Large numbers of white children attended the public schools. Founded in 1909, it was at the center of nearly every battle for the rights and dignity of African Americans in the twentieth century. The percentage of black children born out of wedlock approaches 70 percent. Instead the court relied on a close examination of the facts and concluded that Murray had not been provided with an equal opportunity. 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. 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. The Civil Rights Act of 1964: A Long Struggle for Freedom. Morrow Research Professor of Law and adjunct professor of African Diaspora studies at Tulane University. His strategy was part direct, part circumspect. In one of the tests, the Clarks used four dollstwo brown, two white. The NAACP found one in Baltimore resident Donald Murray. Give me the doll that looks bad.4. 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. By the fall of 1950, the University of Maryland was forced by court order to open to blacks its graduate program in sociology. As a result, Marshall attended Howard's law school, just as Houston's reforms were beginning to take hold. There was no library. The third prong of the NAACP's attack was based on the Fourteenth Amendment's due process clause. The NAACP will seek to safe guard the moral and tenure rights of Negro teachers in the assignment of personnel in desegregated systems. 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. 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. They then made a series of commands. Indeed that liberalization has spread and intensified. 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.*. By 1952, the number had grown to twelve. 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