  The unanimous overruling of Plessy v. Ferguson, declaring segregation in public schools unconstitutional. (10 min) |
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| Teacher's Guide•Brown vs. Board of Education The Supreme Court continued uphold racial segregation under the principle of “separate but equal” until the 1950’s. At this time, they began to reassess whether or not “equal protection of the law,” as guaranteed by the Fourteenth Amendment, was in fact being carried out. Segregation in public schools—and the discriminatory nature of segregation—was questioned for the first time in Brown vs. Board of Education. Segregation was pronounced demoralizing and injurious to the education of a black child. The concept that segregation was detrimental to public education established the grounds for winning the suite, which proved to be an important achievement in the struggle for civil rights. Questions for Discussion, Review and Research 1. To what extent did the Supreme Court go beyond law to determine that segregation in education was contrary to the Fourteenth Amendment? 2. Why as the Court’s order to integrate “with all deliberate speed” been a source of confusion and controversy? 3. Should a private club retain the right to refuse membership on the basis of race, religion or sex? 4. In 1948, in the case of Shelley vs. Kraemer, the Missouri Supreme Court upheld a private restrictive covenant that barred Negroes from holding real property in certain sections of St. Louis. The Court ruled that it was private, voluntary agreement among individual citizens. Do you think the decision was correct? Explain your view. 5. In 1938, Lloyd Gaines brought suit when he was denied admission to the Missouri University Law School because he was black. Missouri had offered to pay his tuition at an out-of-state law school. What do you think the court’s decision should have been? 6. What are the pros and cons of busing as a means of desegregating schools? |
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