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| BROWN v. BOARD OF EDUCATION OF TOPEKA (1955)Freedom of the press is a bedrock institution in a democracy, but it is worthless if citizens cannot read and write. Though the Supreme Court says there is no federal right to education, every state does guarantee public schooling for all its young citizens and voters-to-be. If a state offers an education, declared the Court in the case of Brown v. Board of Education of Topeka, it follows that it must offer an education that is equal for everyone. During the two decades before a unanimous Supreme Court handed down its decision in the hallmark case of Brown v. Board of Education in 1954, the brilliant young lawyers of the NAACP, including future justice Thurgood Marshall, were chipping away at the Court's now infamous opinion in Plessy v. Ferguson. This 1896 opinion established the constitutional legitimacy of the "separate but equal" doctrine, allowing the southern states to legalize racial segregation as long as equal facilities existed. Efforts by southern states to fulfill the "equal" part of the "separate" doctrine at first forced them to pay the out-of-state tuition for African-Americans to go elsewhere for their training, but when this scheme was struck down in 1938, segregated states began to establish local public facilities tor African-Americans. This mode of enforcing racial parity finally reached an extreme when, in 1950, Texas set up a law school for a single individual virtually overnight. The NAACP's efforts to persuade southern states to adopt a gradual approach to integration, including elementary and secondary schools, met stony intransigence. The stage was then set, as Thurgood Marshall later said, "to wage all-out war in the courts on segregated schools at every level." Suits were entered in three federal district courts— South Carolina, Virginia, and Kansas—in 1951. These were Fourteenth Amendment suits under the equal protections clause, and the plaintiffs claimed that by its very nature separate education was not and could not be equal. Thus, the principle at the very heart of Plessy v. Ferguson was attacked. Predictably, all the suits failed on grounds that Plessy was still the reigning precedent and that all the school districts at issue either had or were moving toward equal facilities. These three suits, along with a parallel suit from the District of Columbia and one from the Delaware state courts, were joined and heard by the U.S. Supreme Court in 1952. The Court heard arguments from both sides. President Truman's attorney general, Edward T.McGranahan, joined Marshall from the NAACP with an amicus curiae, and 1924 Democratic presidential candidate John W. Davis argued for the defendant school districts. In an unusual procedure, after six months of individual thought and collective conversation, the Court, instead of handing down a decision, asked each side to brief a long series of historical questions related to the context and original intent of the Fourteenth Amendment. Marshall sensed that the Court wanted to undermine or overturn Plessy, if only it could find a juridically plausible justification. Again John Davis argued for the school districts and Marshall for the plaintiffs. By this time Dwight Eisenhower was president and, though personally opposed to any peremptory integration of public schools, let his attorney general, Herbert Brownell, argue as an amicus curiae with the plaintiffs. Brownell agreed that legally segregated schools violated the equal protections clause of the Fourteenth Amendment. But he also believed that such a revolutionary change as to integrate at that time would be profoundly disruptive and would be violently opposed in those districts where segregation prevailed. He urged the Court to go slowly. Oral argument by Marshall and Davis was heard on December 8, 1953. Interruptions from the bench were frequent. Finally, a unanimous decision was handed down on May 17, 1954: "We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does." And therefore, "Any language in Plessy v. Ferguson contrary to this finding is rejected." The end of Plessy, however, was not the end of the debate. The Court gave the sides time to generate remedies to the now unconstitutional condition of segregated schools, and a year after Brown there was a Brown II, in which the Court ordered segregated school districts to follow local court-ordered integration plans "with all deliberate speed." The most "deliberate" part of the matter was the reluctance and even the recalcitrance of some of the districts to carry out these orders. But the principle was stated and heard loud and clear throughout the nation in what many contend was the single most significant Supreme Court decision of the twentieth century.
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