History 174-05
Professor Downey
May 12, 2017
Brown v. Board of Education (1954) During the 1950s in the United States, especially in the South, was in the beginnings of the Civil Rights Movement. In the South, whites and all others had separated everything from each other that you can think of basically. Some examples include: restaurants, bathrooms, drinking fountains, and especially schools. Separation was still legal in most southern states so laws allowed places to practice these laws and rules and get away with it. But the Fourteenth Amendment granted equal rights, but these state-to-state laws went against the amendment. Tensions heated up in a Topeka, Kansas school district. African-Americans were not allowed to …show more content…
Board of Education was another racial segregation court case called Plessy v. Ferguson in 1896 (Downey Slides 5). In this Supreme Court case the Supreme Court judges ruled that segregation was considered legal and was allowed in public places (Downey Slides 5). Brown v. Board of Education was first argued in the Supreme Court on December 9, 1952 by Chief Justice Earl Warren (McBride). The first argument was Oliver Brown, argued that his daughter had to pass a white school on her way to school over a mile away (Roark 757). He argued that it was not fair for his daughter to walk by another school just because she was not allowed to attend because of her skin color (Roark 757). In the early 1950s, the National Association for the Advancement of Colored People (NAACP) brought lawsuits up into court in the states of: Kansas, South Carolina, Virginia, and Delaware to attempt to convince the state courts to modify the state laws to let black schoolchildren attend public white schools (McBride). Brown argued that both schools were not equal in the qualities of the schools (McBride). The law stated that both the white and the black schools were supposed to be the same in everything ranging from textbooks to desks to air condition (McBride). “The initial claim of the case was dismissed because ruling that the two schools were “substaintially” equal enough under the Plessy doctrine,” said the federal district giving their …show more content…
First proposal is that the Fourteenth Amendment did not explain its effect towards public education (FindLaw’s U.S. Supreme Court, 1954, 489-490). This argument was trying to explain that the Fourteenth Amendment did not say properly anything specific towards schooling which is being used in the case. Basically, what I think is that the Fourteenth Amendment granted equal protection, but does not say how. So this means that any state or even anyone can just assume that blacks and whites cannot be together publicly with each other. It says equal protection but does not specify. So Plessy v. Ferguson comes back into play again with granting separate but equal rights (Downey Slides 5). When the Supreme Court is alright with separation in public places of previous history, they will argue against you with it. So of course they will argue against Brown for the fact that they were okay with it. So Brown was in for a long shot against the Board of Education in the Supreme