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Brown v. Board of Education--Topeka, Kansas(1954)
Background Information
Combined Brown Cases, 1951-1954
Brown v. Board of Education Overview
In the fall of 1950 members of the Topeka, Kansas, Chapter of the NAACP (National Association for the Advancement of Colored People) agreed to again challenge the "separate but equal" doctrine governing public education. The strategy was conceived by the chapter president, McKinley Burnett, attorneys Charles Scott, John Scott, Charles Bledsoe, Elisha Scott and NAACP chapter secretary Lucinda Todd. For a period of two years prior to legal action Burnett had attempted to persuade Topeka school officials to integrate their schools. This lawsuit was a final attempt.
Their plan involved enlisting the support of fellow NAACP members and personal friends as plaintiffs in what would be a class action suit filed against the Board of Education of Topeka Public Schools. A group of thirteen parents agreed to participate on behalf of twenty of their children. Each plaintiff was to watch the paper for enrollment dates and take their child to the elementary school for white children that was nearest to their home. Once they attempted enrollment and were denied, they were to report back to the NAACP. This provided attorneys with the documentation needed to file a lawsuit against the Topeka School Board.
Discussion
In Kansas there were eleven school integration cases from 1881 to 1949 prior to the 1950's Brown case. In many instances the schools for African American children were substandard facilities with out-of-date textbooks and often no basic school supplies. What was not in question was the dedication and qualifications of the African American teachers and principals assigned to these schools.
In response to numerous unsuccessful attempts to ensure equal opportunities for all children, African American community leaders and organizations stepped up efforts to change the education system. In the fall of 1950 members of the Topeka, Kansas, Chapter of the NAACP (National Association for the Advancement of Colored People) agreed to again challenge the "separate but equal" doctrine governing public education.
The strategy was conceived by the chapter president, McKinley Burnett, the secretary Lucinda Todd and attorneys Charles Scott, John Scott, and Charles Bledsoe. For a period of two years Mr. Burnett had attempted to have Topeka Public School officials simply chose to integrate schools because the Kansas law did not require segregated public schools only at the elementary level in first class cities. Filing suit against the school district was a final attempt to secure integrated public schools.
Their plan involved enlisting the support of fellow NAACP members and personal friends as plaintiffs in what would be a class action suit filed against the Board of Education of Topeka Public Schools. A group of thirteen parents agreed to participate on behalf of twenty of their children.
Each plaintiff was to watch the paper for enrollment dates and take their child to the school for white children that was nearest to their home. Once they attempted enrollment and were denied, they were to report back to the NAACP. This provided attorneys with the documentation needed to file a lawsuit against the Topeka School Board. The African American schools appeared equal in facilities and teacher salaries but some programs were not offered and some textbooks were not available. In addition, there were only four elementary schools for African American children as compared to eighteen for white children. This made attending neighborhood schools impossible for African American children. Junior and Senior high schools were integrated.
Oliver Brown was assigned as lead plaintiff, principally because he was the only man among the plaintiffs. On February 28, 1951 the NAACP filed their case as Oliver L. Brown et. al. vs. The Board of Education of Topeka (KS). The District Court ruled in favor of the school board and the case was appealed to the U.S. Supreme Court. When the Topeka case made its way to the United States Supreme Court, it was combined with the other NAACP cases from Delaware, South Carolina, Virginia and Washington, D.C. The combined cases became known as Oliver L. Brown et. al. vs. The Board of Education of Topeka, et. al.
On May 17, 1954 at 12:52 p.m. the United States Supreme Court issued a unanimous decision that it was unconstitutional and violated the 14th amendment to separate children in public schools for no other reason than their race. Brown vs. Board of Education helped change American education forever.
In 1979 a group of young attorneys were concerned about a policy in Topeka Public Schools that allowed open enrollment. Their fear was that this would lead to resegregation. They believed that with this type of choice white parents would shift their children to other schools creating predominately African American or predominately white schools. As a result these attorneys petitioned the federal court to reopen the original Brown case to determine if Topeka Public Schools had in fact ever complied with the Court's 1954 ruling.
This case is commonly known as Brown III. These young attorneys were Richard Jones, Joseph Johnson and Charles Scott, Jr. (son of one of the attorneys in the original case) in association with Chris Hansen from the ACLU (American Civil Liberties Union) in New York. In the late 1980's Topeka Public Schools were found to be out of compliance. On October 28, 1992, after several appeals, the U.S. Supreme Court denied Topeka Public School's petition to once again hear the Brown case. As a result the school was directed to develop plans for compliance and have since built three magnet schools. These schools are excellent facilities and make every effort to be racially balanced. Ironically one of these new schools is named for the Scott family attorneys because of their role in the Brown case and civil rights. It is the Scott Computer and Mathematics Magnet School.
Summary
The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. Originally led by Charles H. Houston, and later Thurgood Marshall and a formidable legal team, it dismantled the legal basis for racial segregation in schools and other public facilities.
By declaring that the discriminatory nature of racial segregation ... "violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws," Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights.
Brown v. Board of Education was not simply about children and education. The laws and policies struck down by this court decision were products of the human tendencies to prejudge, discriminate against, and stereotype other people by their ethnic, religious, physical, or cultural characteristics. Ending this behavior as a legal practice caused far reaching social and ideological implications, which continue to be felt throughout our country. The Brown decision inspired and galvanized human rights struggles across the country and around the world.
What this legal challenge represents is at the core of United States history and the freedoms we enjoy. The U.S. Supreme Court decision in Brown began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of the United States in the protection of their natural rights from arbitrary limits and restrictions imposed by state and local governments. These rights are recognized in the Declaration of Independence and guaranteed by the U.S. Constitution.
While this case was an important historic milestone, it is often misunderstood. Over the years, the facts pertaining to the Brown case have been overshadowed by myths and mischaracterizations:
- Brown v. Board of Education was not the first challenge to school segregation. As early as 1849, African Americans filed suit against an educational system that mandated racial segregation, in the case of Roberts v. City of Boston.
- Oliver Brown, the case namesake, was just one of the nearly 200 plaintiffs from five states who were part of the NAACP cases brought before the Supreme Court in 1951. The Kansas case was named for Oliver Brown as a legal strategy to have a man head the plaintiff roster.
The Brown decision initiated educational and social reform throughout the United States and was a catalyst in launching the modern Civil Rights Movement. Bringing about change in the years since the Brown case continues to be difficult. But the Brown v. Board of Education victory brought this country one step closer to living up to its democratic ideas.
This document tells the story of Brown v. Board of Education and the history makers involved in the case.
The CaseThe Supreme Court combined five cases under the heading of Brown v. Board of Education, because each sought the same legal remedy. The combined cases emanated from Delaware, Kansas, South Carolina, Virginia and Washington, DC. The following describes those cases:
Delaware – Belton v. Gebhart (Bulah v. Gebhart)First petitioned in 1951, these local cases challenged the inferior conditions of two black schools designated for African American children. In the suburb of Claymont, African American children were prohibited from attending the area's local high school. Instead, they had to ride a school bus for nearly an hour to attend Howard High School in Wilmington. Located in an industrial area of the state's capital city, Howard High School also suffered from a deficient curriculum, pupil-teacher ratio, teacher training, extra curricular activities program, and physical plant. In the rural community of Hockessin, African American students were forced to attend a dilapidated one-room school house and were not provided transportation to the school, while white children in the area were provided transportation and a better school facility. In both cases, Louis Redding, a local NAACP attorney, represented the plaintiffs, African American parents. Although the State Supreme Court ruled in favor of the plaintiffs, the decision did not apply to all schools in Delaware. These class action cases were named for Ethel Belton and Shirley Bulah.
Kansas – Brown v. Board of EducationIn 1950 the Topeka NAACP, led by McKinley Burnett, set out to organize a legal challenge to an 1879 State law that permitted racially segregated elementary schools in certain cities based on population. For Kansas this would become the 12th case filed in the state focused on ending segregation in public schools. The local NAACP assembled a group of 13 parents who agreed to be plaintiffs on behalf of their 20 children. Following direction from legal counsel they attempted to enroll their children in segregated white schools and all were denied. Topeka operated eighteen neighborhood schools for white children, while African American children had access to only four schools. In February of 1951 the Topeka NAACP filed a case on their behalf. Although this was a class action it was named for one of the plaintiffs Oliver Brown.
South Carolina - Briggs v. ElliotIn Claredon County, the State NAACP first attempted, unsuccessfully and with a single plaintiff, to take legal action in 1947 against the inferior conditions African American students experienced under South Carolina's racially segregated school system. By 1951, community activist Rev. J.A. DeLaine, convinced African American parents to join the NAACP efforts to file a class action suit in U.S. District Court. The Court found that the schools designated for African Americans were grossly inadequate in terms of buildings, transportation and teacher's salaries when compared to the schools provided for whites. An order to equalize the facilities was virtually ignored by school officials and the schools were never made equal. This class action case was named for Harry Briggs, Sr.
Virginia – Davis v. County School Board of Prince Edward CountyOne of the few public high schools available to African Americans in the state was Robert Moton High School in Prince Edward County. Built in 1943, it was never large enough to accommodate its student population. Eventually hastily constructed tar paper covered buildings were added as classrooms. The gross inadequacies of these classrooms sparked a student strike in 1951. Organized by sixteen year old Barbara Johns, the students initially sought to acquire a new building with indoor plumbing. The NAACP soon joined their struggles and challenged the inferior quality of their school facilities in court. Although the U.S. District Court ordered that the plaintiffs be provided with equal school facilities, they were denied access to the white schools in their area. This class action case was named for Dorothy Davis.
Washington, DC – Bolling v. C. Melvin Sharpe
Eleven African American junior High School students were taken on a field trip to the cities new modern John Phillip Sousa school for whites only. Accompanied by local activist Gardner Bishop, who requested admittance for the students and was denied, the African American students were ordered to return to their grossly inadequate school. A suit was filed on their behalf in 1951. After review with the Brown case in 1954, the Supreme Court ruled "segregation in the District of Columbia public schools…is a denial of the due process of law guaranteed by the Fifth Amendment…" This class action case was named for Spottswood Bolling.
Classroom Materials
Concept-Inclusion
Objectives (teach it to them )- Trace the eventa that led to the 1954 Supreme Court decision.
Provide understanding of the legal framework that supported equal educational opportunities for all children.
Activities- The Meaning behind the Struggle
Research history of case by using the internet
Research the U.S. Constitutional Amendments that apply to the case
Evaluation- Mock Trail
Journal Entries
Authors & Credits:
Brown Foundation--Background Information, Discussion, & Summary
http://www.brownvboard.org/research/handbook/overview/overview.htm
http://www.brownvboard.org/summary/ Bill Kennedy, Debra Riley, Barry McNealy, Wade Black, and Keena Graham--Application Materials
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Links to Brown..
"Brown at 50: Where Do We Go From Here?"--Spring Forum at BCRI
Brown Matters--NAACP Legal Defense and Educational Fund, Inc.
Brown Foundation for Educational Equity, Excellence, and Research
National Archives and the Records Administration--Brown Documents
American Bar Association--Commission on the 50th Anniversary of Brown v. Board
National Park Service--Brown National Historic Site
Smithsonian National Museum of American History--Brown Exhibit
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