NAACP Legal StrategyNAACP Legal Strategy

Charles Hamilton Charles Hamilton HoustonHouston

Creator of strategyCreator of strategy

11stst Strategy Strategy

Show that there Show that there is no equalityis no equality Begin in Graduate SchoolsBegin in Graduate Schools Why?Why?

• Inequality is most apparent (there are FEW black Inequality is most apparent (there are FEW black graduate schools)graduate schools)

• Least threatening to the population as a wholeLeast threatening to the population as a whole

Thurgood MarshallThurgood Marshall

Howard University Howard University Law SchoolLaw School

Trained by Charles Trained by Charles HoustonHouston

Desire to apply the Desire to apply the tenets of the tenets of the Constitituion to all Constitituion to all citizens.citizens.

11stst Black Supreme Black Supreme Court Justice.Court Justice.

Murray v. Maryland School of Law Murray v. Maryland School of Law (1936)(1936)

Murray denied admission Murray denied admission to U of Md. Lawto U of Md. Law

Houston and Marshall Houston and Marshall argue that there are no argue that there are no black law schools in the black law schools in the statestate

To compensate, Md. To compensate, Md. offers scholarship to an offers scholarship to an out of state law schoolout of state law school

Lower court orders Md. Lower court orders Md. Law to allow Murray in-Law to allow Murray in-upheld after Md. appeals.upheld after Md. appeals.

Gaines v. Missouri (1938)Gaines v. Missouri (1938)

Lloyd Gaines seeking Lloyd Gaines seeking admission to the all white admission to the all white law school at U of Mo.law school at U of Mo.

Univ. offers to build Univ. offers to build school on campus of all-school on campus of all-black Lincoln U. (no black Lincoln U. (no funds, no plans, Univ. funds, no plans, Univ. would pay tuition to out of would pay tuition to out of state law school if he state law school if he didn’t want to wait.) didn’t want to wait.)

Supreme Court Rules for Supreme Court Rules for GainesGaines

States had an obligation States had an obligation to provide an equal to provide an equal education. Could not education. Could not send black students out send black students out of state, could not ask of state, could not ask black students to wait black students to wait while black schools built.while black schools built.

Only applies to law Only applies to law schoolsschools

Sweatt v. Painter (1946)Sweatt v. Painter (1946) (U. of (U. of Texas Law)Texas Law)

Herman Sweatt tried to Herman Sweatt tried to register for Law School at U. of register for Law School at U. of TexasTexas

offered three basement rooms offered three basement rooms downtown, off campus, taught downtown, off campus, taught by part-time facultyby part-time faculty

2000 white students from the 2000 white students from the University rallied in support University rallied in support of Sweatt of Sweatt

Lower court rules against Lower court rules against SweattSweatt

Appeal process goes all the Appeal process goes all the way to Supreme Courtway to Supreme Court

McLaurin v. Oklahoma St. Board of McLaurin v. Oklahoma St. Board of Regents (1949)Regents (1949)

Marshall said that eight Marshall said that eight people had applied to a people had applied to a doctoral program in doctoral program in education, they chose, education, they chose, McClaurin a 68 year old McClaurin a 68 year old black professor-why? black professor-why?

Forced to sit at roped off Forced to sit at roped off desk with sign saying desk with sign saying “reserved for colored” “reserved for colored”

Made to eat at separate Made to eat at separate table in café, restricted table in café, restricted table in librarytable in library

Supreme Court Ruling onSupreme Court Ruling onSweattSweatt and and McLaurin (1950)McLaurin (1950)

Similar arguments, Court hears both togetherSimilar arguments, Court hears both together Amicus curiae=(Amicus curiae=(Friend of the court “brief”) Friend of the court “brief”) filed in filed in

favor of Universities by southern states, amicus favor of Universities by southern states, amicus curiae filed in favor of plaintiffs by justice curiae filed in favor of plaintiffs by justice department department (President Truman shifts US Gov’t policy on (President Truman shifts US Gov’t policy on

southern segregation) southern segregation) Supreme Ct. says equality must be genuine (only Supreme Ct. says equality must be genuine (only

applied to grad schools, applied to grad schools, doesn’t overturn Plessydoesn’t overturn Plessy))

NAACP’s New Two Part StrategyNAACP’s New Two Part Strategy

First: Separate but Equal is First: Separate but Equal is UnconstitutionalUnconstitutional

Second: Even if Separate but Equal is Second: Even if Separate but Equal is Constitutional, schools could never be Constitutional, schools could never be truly equal-the consequences of truly equal-the consequences of segregation (intellectual, economic, segregation (intellectual, economic, social/psychological) made equality social/psychological) made equality impossible impossible

Bolling v. Sharpe (1950)Bolling v. Sharpe (1950)

Gardner Bishop, Black barber with 14 yr. old Gardner Bishop, Black barber with 14 yr. old daughter, Judinedaughter, Judine

Group of parents in Washington, D.C. launched Group of parents in Washington, D.C. launched a strike keeping kids home from Browne Jr. a strike keeping kids home from Browne Jr. High.High.

Built to accommodate 800 students, it was filled Built to accommodate 800 students, it was filled with 1800, students had to attend in two shifts.with 1800, students had to attend in two shifts.

Nearby white school had hundreds of empty Nearby white school had hundreds of empty seats.seats.

Briggs v. S.C. Clarendon County Briggs v. S.C. Clarendon County (1952)(1952)

11stst time attacking segregation in elementary time attacking segregation in elementary schoolsschools

3 times as many blacks as whites3 times as many blacks as whites White students received more than 60% of White students received more than 60% of

educational fundingeducational funding Per capita spending for white students was Per capita spending for white students was

$179/yr and for black students $43/yr$179/yr and for black students $43/yr New kind of evidence-Kenneth Clark’s Dolls New kind of evidence-Kenneth Clark’s Dolls

TestTest-Black Girl Preferred White Doll -Black Girl Preferred White Doll • (See Video) –What KEY Important point is made (See Video) –What KEY Important point is made

from this Psych research?from this Psych research?

Davis v. County Schools of Prince Davis v. County Schools of Prince Edward County MdEdward County Md.(1951).(1951)

Moton High School held twice as many students as it Moton High School held twice as many students as it was designed for, no cafeteria, no gymwas designed for, no cafeteria, no gym

County’s only concession to complaints was to erect tar-County’s only concession to complaints was to erect tar-paper and wooden shacks for overflow of studentspaper and wooden shacks for overflow of students

Highest paid teacher at Moton earned less than lowest Highest paid teacher at Moton earned less than lowest paid white teacher in the countypaid white teacher in the county

Barbara Rose Johns, a Moton High School JUNIOR Barbara Rose Johns, a Moton High School JUNIOR plotted a rebellionplotted a rebellion

Phone principal, forge signature about assembly, Phone principal, forge signature about assembly, convince teachers to leave, plan a strikeconvince teachers to leave, plan a strike

Principal urged them not to strike but didn’t order them Principal urged them not to strike but didn’t order them back to classback to class

Students decided to strike, on 3Students decided to strike, on 3rdrd day, NAACP is there day, NAACP is there and takes the case.and takes the case.

Brown v. Board of Education of Brown v. Board of Education of Topeka, Ks.(1954)Topeka, Ks.(1954)

7 yr old Linda Brown had to cross railroad 7 yr old Linda Brown had to cross railroad tracks in a switching yard and wait for a tracks in a switching yard and wait for a rickety bus to take her to a black school on rickety bus to take her to a black school on the other side of town.the other side of town.

A white school was much closer to her A white school was much closer to her home.home.