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Source Readings: Civil Liberties
 
BROWN V. THE BOARD OF EDUCATION (1954)
United States Supreme Court

After the Plessy v. Ferguson decision, legal segregation advanced across the nation. In most areas, officials did not even attempt to comply with the "equal" requirement for separate facilities. Starting in the late 1930s, blacks began challenging the ruling. All cases involved graduate students seeking admission into medical or law schools. In each case, the court ruled they had to be admitted, because the separate facilities were not equal in any sense. But these cases involved only a few students each time.

The Brown case tested the validity of state laws ordering racial segregation of public schools. Unlike earlier desegregation cases dealing with a few graduate students, Brown and its companion cases had enormous scope, affecting the daily lives of millions of children. Acknowledging the potential upheaval from this case, the justices required attorneys to present their oral arguments before the Supreme Court three times. The court focused its attention on the original intent of Congress and the state legislatures that drafted and passed the Fourteenth Amendment, as well as the meaning of the equal protection clause. The decision examined the sociological and psychological effects of school segregation on American society, as well as the legal rights of the plaintiffs. Chief Justice Warren’s opinion first established the importance of education for success and good citizenship in the United States. Segregation denied minority children an equal opportunity for success. Racial segregation also created a sense of inferiority among black children, causing psychological scars that might last forever. Because public education and school attendance were mandated by law, forced legal segregation in schools violated the equal protection clause of the Fourteenth Amendment, and "separate educational facilities are inherently unequal." Read all of the specific reasons the court gives for this declaration.

Brown v. The Board of Education did not overturn Plessy v. Ferguson entirely, because this case dealt only with public education. Even here, the court delayed implementation, waiting a year before issuing the Brown II decision, which required a "prompt and reasonable start towards compliance . . ." to be pursued "with all deliberate speed." School desegregation would be slow and bitterly fought throughout the South. Desegregation of other public facilities would follow, since Brown had re-established the equal protection intentions of the authors of the Fourteenth Amendment.
 
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