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US- Nature and Characteristics of Discrimination

Paper 1: Prescribed Subject 4: Rights and ProtestSubsection: Nature and Characteristics of Discrimination

Paper III:

Section 17: Civil Rights and Social Movements in the Americas Post 1945. This handout covers the Origins and early tactics of the Civil Rights Movement as well as some Supreme Court Decisions and challenges to ending segregation in the South.

Origins

When the Americas were colonized, Europeans brought over African slaves for free labor. They justified this because Africans were not Christian and therefore “uncivilized”. Slaves were used not only in what became the United States, but also South America. Brazil imported more slaves than any other country in the Americas. When the United States created the Constitution, black slaves were said to be worth 3/5 of a white person. This was for representation purposes to determine how many congressmen a state could elect to the House of Representatives. The Constitution gave states the power over education, transportation, voting and law enforcement.

Prior to the Civil War, race relations were tense. Blacks resented enslavement and Whites were fearful of slave uprisings, the loss of free labor, competition from freed slaves and threats to white domination and “racial purity”. The Civil Rights movement can be traced back before the Civil War to the abolitionist movement to end slavery. It emerged in the 1830s as a result of a religious revival known as the Second Great Awakening. Revivalists viewed slavery as a personal sin. William Lloyd Garrison was a leader with his abolitionist paper, The Liberator, along with Frederick Douglas and many others. After the Civil War, Blacks were given theoretical equality. Following the Civil War, the 13th, 14th and 15th amendments were added to the Constitution:

13th Amendment - abolished slavery14th Amendment - established citizenship… “No state shall deprive any

person of life, liberty or property without due process of the law, nor deny any person within its jurisdiction the equal protection of the laws.”

15th Amendment - protected the right to vote regardless of “race, color, or condition of previous servitude (slavery).”

The intent of these amendments was to provide legal and political equality to African Americans. The Civil Rights Act of 1866 added equal rights in employment contracts to provide for economic opportunity. There was a brief period called Reconstruction (1865-1877) where Blacks had more access to education, voting, and running for political office. During this time, many Blacks gained political power. Sixteen black men were elected to Congress and hundreds to state legislatures. Their rights were protected in the South due to the presence of Federal troops. This changed however after the Great Compromise of 1877.

The 1876 presidential election was controversial since the Republican Candidate, Rutherford Hayes, won the Electoral College (185 votes) to Democratic candidate, Samuel Tilden (184 votes). The problem was that Tilden had won the popular vote with 50.9% to Hayes 47.9%. With federal troops in the South since the end of the Civil War, they felt as if they lived under siege. This led to the Compromise of 1877, where the Republican, Hayes, would take the presidency, and federal troops would be removed from the South. Protection for Black civil rights and voting was gone

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and many Southern Democrats, known as “Redeemers” took control and instilled Jim Crow laws that enforced White domination of the South. Plessy V. Ferguson (1896) established legal precedent for separate facilities for Whites and Blacks in the South. The South had de jure segregation, supported by Jim Crow laws, while in the North segregation was de facto…not mandated by law, but rather by society. De facto segregation is a quiet, and in many ways more damaging racism.

The removal of federal troops from the South, and the use of the Supreme Court (1883 decision) to weaken the 14th amendment gave states more freedom to create a system that weakened the legal, economic, and political rights of African Americans. The apartheid structure that was set up in the South became known as Jim Crow. They designated almost every area as either “white” or “colored”. Police, courts and vigilante (KKK) groups punished any violation that challenged the system of White superiority. Blacks in the North did not enjoy political or economic freedom either, but the racism and violence was more muted. This may be because the majority of Blacks lived in the South.

Blacks lived under the constant threat of economic coercion and violence. The legal system offered them no protection since it was a tool that was used against them. In the 1900’s nearly half of all African Americans lived in servitude of some sort. Many were sharecroppers who worked on land owned by white landlords to whom they would have to give part of their crops. These landlords set the price of rent, and loans that kept their Black tenants in constant debt to them. This was illegal, but the federal government did not enforce it. Southern states also used the penal system for contracted labor. This meant that Black men were often (and still are) arrested for small crimes, such as vagrancy or drunkenness or other minor violations (like marijuana today) and given longer hard labor sentences. These convicts were then rented out to private businesses below regular wages in horrible conditions. In the case of a fine not being paid, the judge could opt for the person to work hard labor to pay it off, rather than allow them to come up with the sum on their own.

The Klu Klux Klan

The murder of Blacks was commonplace from 1888 to 1923 (lynching continued well past 1923, they just weren’t considered as common). More than 2,500 African Americans were lynched by White mobs. Individuals were often hanged or burned for alleged crimes. The most common accusation was sexual assault or even flirtation with a White woman. In 1955, Emmett Till was lynched simply for saying a few words to a White woman. This isn’t to say Whites weren’t lynched, but the clear majority of victims were Black.

The KKK was the most notorious group for racial violence. They were formed in Tennessee after the Civil War as a secret society, but quickly evolved into a vigilante group whose sole purpose was to rollback Reconstruction. They have intimidated and murdered African Americans as well as Whites who were sympathetic since 1869. They were active in all the Southern states and targeted political leaders. They brutalized society: whipped senior citizens and others who refused to work for Whites, lynched parents in front of their children, raped women in front of their families and burned churches. African Americans lived in constant fear every day of this racial violence.

In 1875, the federal government created the Civil Rights Act of 1875, the Enforcement Acts to crack down on Klan Activity. Arkansas, Tennessee and Texas

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created a special police force to target violent Klan activity. As Jim Crow laws successfully disenfranchised African Americans, the Klan lost their reason for existence and faded into the background. The Supreme Court ruled the Civil Rights Act of 1875 unconstitutional in 1883. In 1915, the Klan reappeared with a new purpose of being: Patriotic, Anti-Catholic (due to Irish Immigration), Anti-Semitic, and Anti-African American. This coincided with the Great Migration of African Americans from the South to the Northern cities to take wartime (WWI and WWII) industry jobs. The KKK membership grew quickly. It is no surprise that the film, Birth of a Nation that glorifies the Reconstruction Era KKK, was screened in the White House by President Woodrow Wilson. By 1925 the Klan had around 4 million members that included elected officials and police officers. The Klan began to fade again however, at the beginning of WWII, due to infighting and bad press coverage. (Superman attacked the KKK in radio broadcasts stories). The Klan revived once again however, after the Brown vs. Board of Education decision.

Race RiotsThere were numerous race riots on the 1900s that were sparked from a

variety of circumstances, such as Black on White crime or Black candidates elected into office. Wilmington, North Carolina was a predominantly African American city. In 1896 the segregationist Democratic Party lost the election to the Fusionists that consisted of White Populists and Black republicans. The Democratic Party swore revenge and used propaganda appealing to white identity and fear of the Black man by promoting the idea that White women were under constant threat of rape by them. A Wilmington newspaper published a speech by Rebecca Felton stating, “If it requires lynching to protect a woman’s dearest possession from ravening, drunken human beasts, then I say lynch a thousand negroes a week.”

The 1898 election was rigged with stuffed ballots to ensure a Democratic victory. Whites physically removed African American government officials, set fire to the Black newspaper office and shot at Blacks in the streets. These Whites claimed they were just “protecting their rights”. Within 24 hours, an estimated 25 African Americans had been killed, though the number could be as high as 100. Some African Americans and White Populists were loaded onto trains and banished from the city. Around 2,000 Blacks left the city due to the violence.

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In September 1906, there was White mob violence in Atlanta, Georgia. The city’s population grew quickly, and racial tensions rose over a mayoral campaign that showed White politicians pandering to African Americans. Newspapers ran stories about Black men assaulting White women as well as “uppity” Black elites wanting social, economic and political equality. The spark ignited on September 22nd, when a newspaper ran a story of four alleged assaults on white women. Within hours, thousands of White men assembled downtown. After midnight they

attacked hundreds of African Americans, destroyed businesses and boarded street cars to beat Black men and women.

The next day, African Americans armed themselves for protection while armed militias and police patrolled the streets. This didn’t deter White mobs from attacking Blacks. A third day brought even more police enforcement and a confrontation between armed African Americans and the police resulted in the death of one officer and the arrest of 250 African American men. Approximately 40 African Americans and 2 Whites died because of the riots. It made national news and threatened Atlanta’s reputation as a prospering city. This led Atlanta to become even more segregated and Georgia further restricted Black voting rights.

Race-based violence in Elaine, Arkansas and Tulsa Oklahoma are

considered to be the most violent (of that period). In Tulsa in 1921, a Black shoe shiner, Dick Rowland, accidentally stepped on the foot of a white woman. The newspapers reported it as attempted rape and a mob gathered the next evening demanding the lynching of Rowland. African Americans fought against thousands of whites and were overwhelmed. It occurred over a span of 18 hours and resulted in nearly 300 African American deaths and the destruction of over 1,000 homes and businesses in the African American neighborhood. The entire Black neighborhood in Tulsa was burned to the ground.

In 1919, the Elaine Massacre occurred under the shadow of the first Red Scare, following the Bolshevik Revolution. White security officers confronted armed African Americans guarding a union meeting at a church. Shots were fired, a white deputy was wounded, and a white security officer died. The next day, the sheriff led a posse into the Black section to arrest the alleged shooters. The White posse grew to about 1,000 and violence erupted... US troops were called to put down the “insurrection”. Around 300 African Americans were arrested and 122 were charged with crimes. Of these, 12 were convicted of murder which scared the rest to plead guilty to get second-degree murder. The murder convictions were appealed all the way to the Supreme Court leading to the decision of Moore vs. Dempsey that ordered a rehearing. This decision was the basis for changing the Supreme Court’s approach from letting the states decide toward supporting the federal role in

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guaranteeing civil rights. It created the path for the NAACP’s strategy to use a legal path to attack segregation.

While there was fear of Black men raping white women, there was no such concern for the protection of African American women. Violent acts against Black women was another way Whites sought to oppress African Americans. During slavery, the slave was considered property, therefore the body belonged to the slave owner and he could do with it what he wished. After slavery was abolished, historian, Danielle McGuire argues that, “former slaveholders and other their sympathizers used rape as a ‘weapon of terror’ to dominate the bodies and minds of African American men and women...sexual and racial violence was a tool of coercion, control and harassment.” The rape of Black women continued into the 20th century without legal punishment. Sexual abuse continued into the Civil Rights Movement as female civil rights workers were jailed and subjected to the desires of the prison guards.

Jim Crow LawsJim Crow laws were very successful in disenfranchising African Americans.

During Reconstruction (1865-1877) African Americans had been able to vote, run for office and hold political office. After the Compromise of 1877, Whites took away political power through violence, intimidation, election fraud and creating legal barriers. African Americans were assaulted when they went to the polls and often African American votes would simply be cast for the White candidate. These strategies were inefficient and brought unwanted attention and legal issues.

White supremacists found a way around this by creating laws that didn’t mention race explicitly. The most common method was the poll tax and literacy tests to prevent the poor and illiterate from voting. Nearly half of all African Americans were illiterate, since they had been denied adequate education. One problem with the poll tax and literacy tests, was that they also took the vote away from poor illiterate Whites. To get around this, they created the Grandfather Clause that stated if your grandfather (or great grandfather) had been able to vote before 1865, then you could vote. In Mississippi the number of black voters fell from 190,000 to 8,000. By 1900, only 3% of Blacks were eligible to vote in the South and the Redeemers had rolled back the advancements made during Reconstruction.

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Another tactic was the “Whites-only Primary” which was allowed because the Democratic Party was a non-government entity and could set its own rules for participation and membership. The Democratic Party was the dominant Party in the South at this time (we’ll discuss later how the Democratic and Republican parties flip). This was declared unconstitutional in Terry vs. Adams, 1953. Federal enforcement of this was ineffective. All These strategies nullified the 15th

Amendment. This created a legal and foundation for white supremacy in the South. They justified it through the Bible and by claiming Blacks were inferior and dangerous. Many Whites claimed that Blacks had degenerated after the end of slavery and had become lazy, incompetent and criminal. Newspapers created a fear that the “animal instinct” in Black men meant they all wanted to rape White women. Ida Wells, an outspoken black journalist stated lynching was an excuse to get rid of Blacks who were becoming too wealthy, and a way to repress the Black Community. Worst of all, Whites knew they would not be arrested or punished for crimes against Blacks, especially not from an all-White jury.

Why were Jim Crow Laws allowed? The United States is a federal government comprised of 50 states, each with their own constitution and laws. The US Constitution reserves rights for the states to make laws over areas NOT under federal authority. Thus, Jim Crow laws could vary from state to state. There was little the federal government could, or would, do. The realities of party-politics prevented many from taking any action. The Democratic Party consisted of a White Southern bloc and Northern workers, while the Republicans consisted of Northern businessmen. During the Great Depression, the Democratic Party under President Roosevelt, created a coalition of progressives from the North and segregationists from the South. The progressives ignored the plight of African Americans in to keep their coalition together.

Northern Discrimination Northern Blacks voted freely and received fairer treatment in courts. While

some schools were integrated, the majority were not and the difference between white and black schools was not as significant as in the South. Northern Whites kept their distance from Blacks through social pressure, not laws. While there weren’t segregated facilities, White politicians kept blacks out of mostly White areas. Urban Northern Blacks lived in ghettos, poor, over-crowded inner-city areas. They took the lowest paid jobs as domestic servants, cleaners, porters and waiters. They faced competition for low wages with immigrants from Italy and Eastern Europe. Inn factories, whites-only unions effectively ensured Blacks could only get the unskilled jobs. Unable to work, urban Blacks took to gambling, prostitution and theft to survive. This reinforced the racist stereotype of Southern Whites in the north.

Individual Activists & Black Consciousness

After 1910, many African Americans moved North in search of better opportunities, known as the Great Migration. There were a few sporadic and unorganized protests. Booker T. Washington advocated accommodationism, which focused on economic improvement. He pushed for Black schools to teach practical skills to become

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economically independence, which would then lead to political and social equality. Many Whites approved of Washington, because they felt he accepted Blacks second-class status.

W.E.B Du Bois, waged a propaganda campaign against the status quo, he criticized Washington’s policy of “submission” and helped found the NAACP in 1909. It had both Black and White members and publicized injustices. They sent White members to investigate lynching. He edited the paper The Crisis, that published articles on Black History and literature and advocated self-defense. Du Bois called on Black men to “kill treacherous White invaders of their homes and then take their lynching like men.” They also declared,

“When the mob moves, we prepare to meet it with bricks and clubs and guns.”

Black consciousness was raised through labor unions, newspapers, Black Culture such as the Harlem Renaissance, and organizations like the NAACP. The NAACP was predominantly middle class and integrationist. There was also Marcus Garvey’s Universal Negro Improvement Association (UNIA), which favored armed self-defense and the separation of

the races. UNIA was the first mass black movement, boasting 500,000 members by 1925. Garvey called on blacks to fight for their freedom; that they were black first, American second. He instilled racial pride in poor urban blacks and set up his own Black Star shipping line to take blacks to Africa. It was poorly run, and his career came to an end when he was jailed in 1923, for fraud. He was later deported to Jamaica.

Labor Movement, the New Deal and WWII

In 1925, A. Phillip Randolph organized an all-black union, the Brotherhood of Sleeping Car Porters. Its membership increased to 15,000 by 1940, which gave Randolph some influence. He was able to put pressure on President Franklin Roosevelt to desegregate federal employment for the war effort during WWII. He threatened FDR with a Black March on Washington. In the 1930’s a campaign against race discrimination in Chicago spread to other cities. Thousands of Black Americans adopted the

slogan “Don’t buy where you can’t work.” It led to some success and set a precedent for using Black Economic power. During the Great Depression, Roosevelt created the New Deal to support the poor and stimulate the economy. Even though New Deal administrators practiced discrimination, it helped to awaken African Americans to the power and potential of federal aid. FDR also took on black advisors, known as his “Black Cabinet”. His wife, Eleanor, advocated for “fair play and equal opportunity for Negro citizens.” This was a turning point in the Black vote from the Republican Emancipator of Lincoln, to the Democratic New Dealer in FDR. WWII had a profound impact on all Americans. Many African Americans moved North to obtain new federal factory jobs that supported the war effort. Others fought in segregated units. Everyone understood they were fighting to defeat the racist Nazi regime. African Americans were eager to play their part, but not go unrewarded. The Pittsburgh Courier launched the “Double V” Campaign that stood for “Victory Abroad (WWII) and Victory at Home (Civil Rights).

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This was easier said than done, most army leaders had low opinions of black soldiers. Training camps were usually in the South, where Northern blacks faced Jim Crow for the first time. An especially rude awakening for black soldiers was when they used the buses. Black soldiers who were ordered to give their seats up to Whites, and refused were arrested, and in some cases shot. Discrimination occurred in the North too. There were numerous outbreaks of violence in Northern cities as more blacks migrated to take government jobs (50,000 in Detroit alone). The worst was in Detroit, 1943 when a rumor spread that a white woman had been raped by a black man. By the end of the riot, 34 people had died. In 1944, the GI Bill gave financial aid to veterans to go to school, buy a home or set up a business.

Segregation and Education: Brown v. Board of Education

Brown v. Board of Education flipped the script on the legality of segregation in the United States. It successfully challenged the Plessy v. Ferguson verdict of “separate but equal” that made Jim Crow legal, but it was a long road to get there. The National Association for the Advancement of Colored People (NAACP) had for decades pursued the legal strategy to overturn segregation. This strategy was the product of the 1930 Margold Report, which was an assessment of the climate and prospects of dismantling Jim Crow. It stated, “If we boldly challenge the constitutional validity of segregation if and when accompanied irremediably by discrimination, we can strike at the most prolific sources of discrimination.” Thus, the NAACP had to challenge whether the “equal” part of “separate but equal” was true in the case of public education. Rather than force the courts to order desegregation (mixing races) the NAACP attempted to get the courts to push school districts to allocate as much for Black students as they did for White students. Multiple studies showed that spending on White students was 2 to 5 times as much as it was for Black students and pay for Black teachers was much less than Whites. The facilities for African American children were also unequal, and their school year was significantly shorter than that of Whites. Forcing school districts to comply with equal aspect would be very expensive...therefore desegregation would be much cheaper, and districts would, on their own accord, opt for that. This wasn’t the case though, since logic never applies to racism.

The legal strategy had to consider the importance of judicial restraint (the reluctance to overturn long standing cases like Plessy v. Ferguson) and legal precedent. Consistency in law is critical to its being applied in other cases. Judges usually follow the rulings of previous cases, and lower courts defer to the authority of higher courts. In the US, the Supreme Court sets the precedent for legal opinions which guide the lower state courts. Therefore, in order to make real change, it would have to come from the Supreme Court...which means the NAACP would have to choose cases they knew would fail at the local level in order to appeal to the Supreme Court.

The integration of Whites and Blacks in schools would strike at the heart of Jim Crow, and would inflame the core fears of segregationists: integration and miscegenation (mixing of races). Despite the injustices of segregation, it would be difficult to find people willing to literally put their lives on the line for fear of economic and/or violent repercussions. Charles Hamilton Houston, the head of the NAACP, modified Margold’s strategy to start with graduate schools, so as not to upset the local populations that could pressure judges. It would also point out the

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obvious inequalities, such as the lack of medical and law schools for African Americans.

In 1935 Houston found a candidate ready to go to court. Donald Murray had applied to the University of Maryland School of Law, but his application was not even considered. He had been rejected and the fee returned. He was told to apply to the Princess Anne Academy, the only post-secondary school for Blacks in Maryland. Princess Anne Academy was a junior college and did not offer graduate courses or a law school. He was told he could also apply to an out of state school and would be eligible for tuition

assistance...but this was a joke since the legislature had not appropriated any funds for this option. Murray was a willing plaintiff and clearly there was no “equal” opportunity for him, therefore Plessy could be tested.

Houston and Thurgood Marshall argued for Murray in the case, Murray v. Maryland. They called the president of the University of Maryland and the dean of the School of Law as witnesses. Princess Anne was exposed for offering a subpar level of education compared to the first two years of undergraduate study at the University of Maryland. The judge decided in favor of Murray, ordering the law school to admit him. It was appealed in 1936, and the State Supreme Court supported the initial decision. It was a victory, but only the first step. This decision only applied to Maryland and only to graduate schools. If the NAACP wanted to make a real change, they would need cases that would lose and could be appealed to the United States Supreme Court. The NAACP also supported the equalization of teacher salaries and won a case in South Carolina.

In 1938, another opportunity arose in the case of Gaines v. Missouri. This was another law school case that denied African Americans admittance. Missouri however, did provide funds to pay for out of state tuition costs of the students. They were denied, which allowed the NAACP to appeal to the US Supreme Court, who reversed the decision and ordered the law school to admit Gaines. Separate facilities had to be equal within a state, but it said nothing about segregated facilities. This was Houston’s last case for the NAACP, but he continued to fight against segregation in transportation, labor and public facilities that paved the way in overturning Plessy v. Ferguson. Thurgood Marshall would now take the lead in proving that separate facilities could never be equal, even if equally funded.

In 1950 the cases of Sweatt v Painter and McLaurin v. Oklahoma State Regents were the two final steps needed before Brown. In 1946, Herman Sweatt applied to the University of Texas School of Law. Texas had built a second Law School for Blacks. The US Supreme Court ruled that a law school was more than a legal education, it involved interaction with fellow students, professors and access to a law library with a reputation. Therefore, no separate law school could ever be equal. Thus, Sweatt v. Painter ruled that graduate law schools could never be separate and equal. McLaurin v. Oklahoma stated that segregation within the same school violated the equal protection of the 14th Amendment.

In the 1950’s there were many public-school cases that were brought up: Briggs v. Elliot - South Carolina - elementary and high school studentsDavis v. County School Board - Virginia - high school studentsGebhart v. Belton - Delaware - elementary and high school students

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Brown v. Board of Education Topeka - elementary students The US Supreme Court agreed to hear these four cases as one consolidated case:

Brown v. Board of Education. It was argued twice before the justices as they were unable to reach a decision in the spring of 1953. That fall, both sides presented their case again. That summer, in between the argument, Chief Justice Fred Vinson died. President Eisenhower appointed a new Chief Justice, Earl Warren, who had been a prosecutor, but never a judge. Warren was a fellow Republican and a rival for party leadership. Warren became the leader of the most liberal and progressive Supreme Court in US history. Eisenhower did not

support his opinions on civil rights and stated that his appointment of Earl Warren was “the biggest damned-fool

mistake I ever made.” The change from Vinson to Warren made all the difference in the Brown case.

After the fall arguments were made, the Chief Justices deliberated and gradually some of their positions began to change as Warren guided the discussion. In May 1954, the Supreme Court ruled unanimously that segregation by race in public schools was unequal and that “any language in Plessy v. Ferguson contrary to this finding is rejected.” The Margold Strategy had been realized into law. While it didn’t overturn everything under Plessy v. Ferguson, it greatly undermined any support for Jim Crow and created a precedent to begin dismantling it. Reactions were mixed. It freaked out segregationists who saw their Jim Crow society begin attacked, while other Whites reacted with caution and support. Some African Americans celebrated the decision, but only a few with overt enthusiasm.

Truman and the Cold WarWhen many black veterans returned home from the war, they expected

better treatment at home. Yet, in the South, blacks were thrown off buses and could be shot for trying to vote. Black veterans in uniform were among those murdered simply for being black. This sickened President Truman, who set up a Committee on Civil Rights to investigate such atrocities. After they did their research they released the document, “To Secure these Rights” in 1947. Truman boldly proposed a Civil Rights Bill (the first since Reconstruction) that would ban segregation on public transport and make lynching a federal crime. He proclaimed February 1st National Freedom Day to commemorate the outlawing of slavery. In July, he ordered the desegregation of the military.

Truman showed more commitment to civil rights than any of his predecessors. He won a close presidential race in 1948, even after his Democratic Party had split, with White Southerners who left to create their own party, the Dixiecrats (after he put Civil Rights on the Democratic platform for 1948). His Civil Rights bill did not pass congress. It would take another 20 years of pressure from Civil Rights groups to get such a bill passed.

The Cold War had a paradoxical impact on the Civil Rights movement. On one hand, the fear of communism led people to fear anything that resembled socialism. It promoted a fierce support for loyalty and unity. Any criticism of the US was unpatriotic. Supporting civil rights and equality for all was deemed “socialist”. Many Civil Rights leaders were put under strict federal surveillance. On the other hand, the United States proclaimed to be the beacon of democracy, liberty and freedom…however this did not apply to all its citizens. The Soviet Union used the civil rights

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movement and race confrontations as negative propaganda. They publicized lynching and race riots to win allies among the newly independent nations of Asia and Africa.

Resistance to the Brown Decision

Immediately after Brown, Southern states began to organize resistance. While the Supreme Court called for desegregation of schools, they did not give a solution as to how this was to be accomplished. This was discussed and came to be known as “Brown II”. The Supreme Court ruled that all public schools must be desegregated “with deliberate speed”. Deliberate speed is subjective, implying immediacy, but leaving wiggle room for acting slowly. The Supreme Court had to think of all the factors that went into desegregation: community, culture, facilities, how to enforce it and local responsibility. Each state had their own contingency plan. Some school districts began immediately, such as Fayetteville Arkansas, Baltimore Maryland, Louisville Kentucky, and St. Louis Missouri. The majority opposed it and remained segregated. Out of 11 Southern States, all but one tried to pass laws requiring segregated schools. They passed laws prohibiting tax dollars to be spent on desegregation. In 1956, 96 Southern Congressmen signed the Southern Manifesto, pledging not to allow desegregation. Federal courts held over 200 desegregation hearing over the next 6 years.

Florida put the responsibility on the individual student, requiring them to make a formal request to the local school board. The student had to give the local school board sufficient (but not specified or explained) notice before submitting their request. If they were denied, they had to appeal to administrative offices and the state school board. It was designed to be vague enough to keep Black students out of White schools.

The governor of Virginia, Thomas Stanley, appointed the Gray Commission of 32 state lawmakers (all White) to create a plan to respond to Brown. They created a plan that technically allowed desegregation, but really inhibited actual desegregation. Initially it was met with hostility for being too compliant with Brown. When Arlington County announced they would be desegregation, state legislatures prohibited elected school boards. Newspapers called for the state to nullify the Supreme Court’s ruling.

Segregationist democratic Senator, Harry Byrd went into action. He made a speech in 1956 calling for Massive Resistance to federally mandated school desegregation. Massive Resistance was Virginia’s government actions to impede desegregation. The Gray Plan was discarded in favor of the Stanley Plan. In July, two separate federal judges ordered Virginia to desegregate. African Americans sued more school districts throughout the state. Stanley declared Virginia would not permit integrated schools.

On September 29th a compromise plan was created. Any school that integrated would be shut down, even those forced to do so by the federal government. Schools could remain open if they were exclusively White. State funding was to be cut from any school district that allowed desegregation. Applications for student placement were removed from the local authorities to ensure no Black student would attend a White school. It became the responsibility of the State to place students in school. Appeals had to follow a lengthy process in the state court system, created to wear people down and give up before it got to

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the US. The Virginia Commission on Constitutional Government was created as propaganda to support segregation.

In January 1958, a new governor, Lindsay Almond, took office and continued to support Massive resistance. When three schools were federally ordered to integrate, Almond shut them down, locking out 13,000 students. The Stanley Plan allowed private school tuition grants, but they were inadequate to cover the 10,000 White students. Debates arose between those who wanted to just desegregate the schools, so they would open, versus segregationists who promoted supporting private funding for schools. White parents formed the Virginia Committee for Public Schools, which was the largest citizen-led organization, showing that the White community was not of one single mind. More pressure came from 29 of Virginia’s most important businessmen who told Governor Almond they feared keeping the schools closed would begin to negatively impact the state economy.

In January 1959, a federal court and the Virginia Supreme Court agreed in separate cases that the closing of schools violated the US Constitution. Almond proposed repealing elements of the Stanley Plan for the new semester in February. Almond then supported the Perrow Plan that relied on the idea of “freedom of choice”. Parents could select a school to enroll their child, placing the burden of student placement on the parents who had to appeal to a Pupil Placement Board. It also repealed state compulsory attendance requirements, making it optional for a locality to fund public schools. It was only after Green v. New Kent County that the “freedom of Choice” was abolished. Most school districts slowly began integrating. Prince Edward County, however, stayed segregated until 1964. By 1964, ten years after the Brown decision, only 5% of African American children attended school with White children.

Little Rock Arkansas - 1957In May 1954, the Little Rock School Board stated they would comply with the

Supreme Court ruling in Brown. The Arkansas branch of the NAACP, led by Daisy Bates, petitioned for immediate integration. In May 1955, the school board approved a gradualist plan that allowed the superintendent, Virgil Blossom, to choose the African American students who would be integrated into the White schools. The purpose of the Blossom Plan was to minimally comply with Brown with tokenism that limited Black enrollment. Initially it was to start in elementary schools, but due to parent objections, it was decided to start with high schools in 1957, and start elementary schools by 1963.

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The NAACP sued for immediate integration, but the federal court ruled the Blossom Plan met the constitutional requirements outlined in Brown. Little Rock’s segregated housing assisted in the gradualism of desegregation. Central High School was in a mostly White neighborhood but also had around 200 African American high school age students. Opposition grew and the Capital Citizens Council (CCC) was formed to build support against integration. They organized rallies and brought guest speakers to promote White supremacy. They sponsored a second anti-integration association, the Mother’s League of Central High School to provide a “feminine” touch to the effort. Only 20% of their members

were actual mothers of students at Central High School.

Talk of racial mixing, the emotional and physical health of vulnerable White children (quick side question, if Whites are so superior, how come their children are so darn fragile?) and the biggest fear, miscegenation was used to stir up resistance. Out of 80 applications, the school board identified 9 Black students to attend the 1957-58 school year at Central High. Segregationists requested Governor Orval Faubus prevent the integration, citing the potential violence (from Whites) that would occur (sounds more like a threat than a request). The school district also feared violence and requested state support to ensure the plan was NOT impeded.

Governor Faubus requested help from the federal government to maintain order before the school opened but was refused since maintaining public safety was a local and state responsibility. Faubus was mad, declaring the federal government was mandating a policy but placing all the risk and responsibility on the states. Pulaski County (where Little Rock is) issued an injunction to stop integration, but it was overturned the next day by a federal judge.

Governor Faubus acted and ordered the Arkansas National Guard to Central High School to prevent violence and surround the school to prevent the Black students from entering. The black students attempted to attend school, where they were met with an angry White crowd of students and adults. The scene was captured by photographers and quickly became not only national, but international news. The “land of the free” denied educational opportunities to its own citizens. President Eisenhower, whose stance on Brown was lukewarm at best, stated, “I think it makes no difference whether or not I endorse it. The Constitution is as the Supreme Court interprets it, and I must conform to that and do my very best to see that is carried out in this country.” But he was wrong. His lack of endorsement for civil rights hindered the country, as a whole to accept it. If the president didn’t support, it why should the rest of America?

One thing Eisenhower did believe in was the supremacy of the federal powers that were supported in the Constitution. As tensions mounted in Little Rock, and television reported more violence and hate, Eisenhower began negotiations with Faubus. Judge Davies ordered an immediate halt to the Arkansas National Guard’s blocking of the African American students. Faubus removed the troops on September 23rd and the nine African American students entered Little Rock Central High School through a side door. However, an angry crowd of a thousand white

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people surrounded the school and the Black students were escorted out by the police for their safety. Mayor Woodrow Mann requested federal assistance stating, “The immediate need for federal troops is urgent. The mob is much larger...mob is armed and engaging in fisticuffs and other acts of violence. Situation is out of control.”

This time Eisenhower acted, the governor had challenged the authority of the federal government, something he could not let slide. Eisenhower ordered 1,200 troops from the 101st Airborne Division to Little Rock. Eisenhower spoke from the White House over the TV and radio and stated, “Whenever normal agencies prove inadequate to the task...to uphold the Federal Courts, the President’s responsibility is inescapable...Mob rule cannot be allowed to override

the decisions of the courts.” The focus was on supporting federal law and maintaining law and order...not on the rights of these students to have access to a quality education...not on the moral depravity of White adults physically and emotionally threatening with intimidation children who wanted an education. Eisenhower nationalized the Arkansas National Guard, taking them away from the governor’s control. On September 25th the Little Rock Nine were escorted by the National Guard into the school, and they remained at the high school for the remainder of the school year. Eisenhower’s actions were met with anger. Faubus stated, “My fellow citizens, we are not an occupied

territory. In the name of God, whom we all revere, in the name of liberty we hold so dear, in the name of decency, which we all cherish, what is happening in America?” Senator Richard Russell sent Eisenhower a telegram stating, “I must vigorously protest the high handed illegal methods employed by the armed forces of the United States under your command who are carrying out your orders to mix the races in the public schools.” On October 3rd, White students, organized by the Mothers League of Central High School, walked out of school in protest. The MLCHS accused the troops of improper behavior. The parents of the Little Rock Nine sent Eisenhower the following telegram, “We the parents of the nine negro children enrolled at Little Rock Central High School want you to know that your action in safeguarding their rights have strengthened our faith in democracy.”

Once inside, the Little Rock Nine had to endure constant harassment. The reception from their White classmates was cold and consisted of daily verbal and sometimes physical abuse, however there were some White students who befriended them. They, however, were also targeted by the racist Whites and were threatened and physically assaulted. Many of them backed away from the Little Rock Nine after that. No disciplinary action was taken against these White racists students, unless it was witnessed by a teacher or administrator. Teachers often ignored the Nine and they were not permitted to participate in extracurricular activities. Some of the Nine’s former classmates urged them to leave Central High.

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SEQ Figure \* ARABIC 10 The Little Rock Nine


Only one did. Minnijean Brown was suspended in December for spilling chili on two white boys, and then in February was expelled for calling a White girl (who had hit her with her purse and taunted her) “White Trash”. Ernest Green graduated from Central High School in May 1958. Martin L. King Jr. was in the audience at his graduation ceremony.

Arkansas authorities were not satisfied with token integration. The Little Rock School Board asked for a delay until 1961, which was granted. The NAACP petitioned the US Supreme Court for an emergency reversal. While in court, the Arkansas State legislature went into special session and passed numerous laws that allowed the governor to close any school ordered to desegregate and another that granted tuition funding for displaced students. In Cooper v. Aaron the US Supreme Court ruled integration at Central High School had to begin immediately, with the Blossom Plan. Governor Faubus closed all four high schools in Little Rock, and it was supported by his voters, and remained closed for the rest of the school year. The majority of the 3,000 White students found placement elsewhere, but only half of the 700 Black students found schools to attend. The NAACP felt that private schools for Blacks would hinder the integration goal. Arkansas tried to intimidate the NAACP by passing Act 115 which banned NAACP members from employment by the state and Act 10 which required all state employees to list political membership, exposing their NAACP affiliations. Both were eventually overturned. Schools were opened early for the 1959-1960 school year with supervised integration.

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