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1892-Present1892-Present

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Plessey v. FergusonPlessey v. Ferguson Legal Challenges to SegregationLegal Challenges to Segregation 1. The Supreme Court case which found that the 1. The Supreme Court case which found that the

1896 Louisiana law allowing separate 1896 Louisiana law allowing separate accommodations in public facilities was constitutional accommodations in public facilities was constitutional (legal) if these facilities were legal. This case (legal) if these facilities were legal. This case upholding segregation was called upholding segregation was called Plessey v. FergusonPlessey v. Ferguson

2. Plessey charged that the Louisiana law was 2. Plessey charged that the Louisiana law was unconstitutional because it violated the unconstitutional because it violated the 1414thth Amendment which said that “no state may make laws Amendment which said that “no state may make laws that prevent citizens from enjoying all rights and that prevent citizens from enjoying all rights and freedoms protected by the Constitution.” These freedoms protected by the Constitution.” These rights arerights are

a. a. lifelife b. b. libertyliberty c. c. pursuit of happiness (property)pursuit of happiness (property)

NAACPNAACP 3. The NAACP was 3. The NAACP was

started by started by WEB WEB DuBoisDuBois to fight to fight segregation segregation or the or the legal separation of legal separation of races in the Supreme races in the Supreme Court by forming the Court by forming the Legal Defense Legal Defense CounselCounsel. This . This counsel was headed counsel was headed by a young black by a young black lawyer named lawyer named Thurgood MarshallThurgood Marshall. .

The 1954 Supreme The 1954 Supreme Court case that struck Court case that struck down segregation was down segregation was called called Brown v. Board Brown v. Board of Education of of Education of Topeka, KSTopeka, KS. This . This decision said it was decision said it was illegal to deny 8 year illegal to deny 8 year old Linda Brown old Linda Brown access to the white access to the white school located just 4 school located just 4 blocks from her house blocks from her house based on her race. based on her race.

Unanimously, the court Unanimously, the court ruled that separate schools ruled that separate schools could not be could not be equalequal. The . The case required that all public case required that all public school be school be integratedintegrated, or , or allow children from all races allow children from all races to attend. The problem was, to attend. The problem was, they only required school they only required school districts to desegregate with districts to desegregate with “all deliberate speed,” which “all deliberate speed,” which in some locations took years.in some locations took years.

President President EisenhowerEisenhower disapproved of segregation, disapproved of segregation, but also disliked rapid but also disliked rapid change, so he did little to change, so he did little to enforce the ruling. enforce the ruling.

Reaction to the Brown Reaction to the Brown DecisionDecision

. States in the South, such . States in the South, such as Virginia refused to as Virginia refused to integrate. Most public integrate. Most public schools were shut down schools were shut down rather than allow African- rather than allow African- American children to American children to attend. In cities, attend. In cities, white white flight flight occurred when occurred when white families fled to the white families fled to the suburbs, creating school suburbs, creating school districts where no black districts where no black family lived. Others family lived. Others created many created many private private schools where they could schools where they could legally choose their pupils legally choose their pupils

. The NAACP . The NAACP created Legal created Legal Defense Counsels Defense Counsels in southern states in southern states what refused to what refused to integrate. The integrate. The defense team in defense team in Virginia was led by Virginia was led by a lawyer named a lawyer named Oliver HillOliver Hill..

In 1957, the Governor of In 1957, the Governor of Arkansas used National Arkansas used National Guard troops to deny 9 Guard troops to deny 9 African American African American teenagers access to Central teenagers access to Central High School in High School in Little Rock, Little Rock, Arkansas Arkansas when they when they volunteered to integrate it. volunteered to integrate it. Finally the courts ordered Finally the courts ordered President Eisenhower to President Eisenhower to enforce the law and end enforce the law and end the misuse of federal the misuse of federal troops, nationalizing the troops, nationalizing the Guard who protected the Guard who protected the teenagers and forced the teenagers and forced the integration integration of the high of the high school. Arkansas school. Arkansas closed closed all all public schools for 2 years public schools for 2 years in response. in response.

Montgomery Bus BoycottMontgomery Bus Boycott In Montgomery, Alabama In Montgomery, Alabama

(and elsewhere), African (and elsewhere), African Americans were required Americans were required by law to give up their by law to give up their seats to white seats to white passengers when seats passengers when seats on the on the busses busses were were filled. In 1955, filled. In 1955, Rosa Rosa Parks Parks refused to give up refused to give up her seat (as required by her seat (as required by Jim Crow Jim Crow laws) to a laws) to a white man and was white man and was arrested.arrested.

The result was a The result was a 381381day boycott of day boycott of the bus system by all the bus system by all African Americans. African Americans. This boycott was This boycott was organized by the organized by the NAACP and led by NAACP and led by 27 year old 27 year old Martin Martin Luther King, JrLuther King, Jr. This . This thrust him into the thrust him into the national spotlight.national spotlight.

In late 1956 the In late 1956 the Supreme Supreme Court Court declared that the declared that the bus segregation was a bus segregation was a violation of the 14th violation of the 14th Amendment and was Amendment and was illegal.illegal.

When the successful When the successful peaceful peaceful protest worked, protest worked, 100 ministers and civil 100 ministers and civil rights leaders, including rights leaders, including King, started the King, started the Southern Christian Southern Christian Leadership Committee Leadership Committee or or SCLC to lead the SCLC to lead the resistance against resistance against segregation and segregation and inequality inequality

King’s philosophy of non-violence King’s philosophy of non-violence was borrowed from the was borrowed from the Civil Civil Disobedience Disobedience ideas in the writings of ideas in the writings of Henry David Thoreau and Mohandas Henry David Thoreau and Mohandas Ghandi. This idea stated that a Ghandi. This idea stated that a person is morally obligated to refuse person is morally obligated to refuse to obey an unjust law.to obey an unjust law.

The Movement GrowsThe Movement Grows In 1960 the In 1960 the Student Non-Student Non-

Violent Coordinating Violent Coordinating Committee Committee or SNCC was or SNCC was founded by student protesters founded by student protesters who thought that change was who thought that change was occurring too slowly. Most occurring too slowly. Most agreed with the non-violent agreed with the non-violent strategy of Martin Luther King, strategy of Martin Luther King, JR., but also wanted to be more JR., but also wanted to be more confrontational. Students from confrontational. Students from North Carolina A & T led a North Carolina A & T led a sit-sit-in in at a local Woolworth’s lunch at a local Woolworth’s lunch counter in Greensboro, North counter in Greensboro, North Carolina designated as “whites Carolina designated as “whites only.” They refused to move only.” They refused to move until they were served. Store until they were served. Store managers called the police, managers called the police, raised prices and removed raised prices and removed counter seats while other counter seats while other students students picketed picketed outside. This outside. This inspired a sit-in movement inspired a sit-in movement nation wide.nation wide.

SNCC also sponsored SNCC also sponsored Freedom Riders Freedom Riders who were who were students who rode busses students who rode busses throughout the South in an throughout the South in an attempt to desegregate attempt to desegregate them. They were organized them. They were organized by by CORE: Congress of CORE: Congress of Racial EqualityRacial Equality, a new civil , a new civil rights group. When they rights group. When they arrived in arrived in Montgomery, ALMontgomery, AL, , they were attacked by they were attacked by people with pipes and people with pipes and baseball bats despite a baseball bats despite a promise by President promise by President Kennedy that they would be Kennedy that they would be protected by police. protected by police. Attorney General Attorney General Robert Robert Kennedy Kennedy outlawed outlawed segregation in all inter-state segregation in all inter-state travel facilities. travel facilities.

. Late in his . Late in his presidency, presidency, President Kennedy President Kennedy decided to get decided to get involved in the Civil involved in the Civil Rights Movement Rights Movement and enforced and enforced desegregation at desegregation at the the University of University of Mississippi Mississippi in 1962. in 1962.

. In 1963, King and SCLC . In 1963, King and SCLC decided to desegregate decided to desegregate BirminghamBirmingham, Alabama– a , Alabama– a city known for violence city known for violence and strict segregation and strict segregation laws. Police laws. Police Commissioner Commissioner Bull Connor Bull Connor arrested all protesters, arrested all protesters, including King who wrote including King who wrote his his “Letters from “Letters from Birmingham Jail” Birmingham Jail” to white to white religious leaders who religious leaders who complained he was asking complained he was asking for too much, too fast.for too much, too fast.

In August of 1963, 250,000 In August of 1963, 250,000 people marched on people marched on Washington, DC to support Washington, DC to support passage of the passage of the Civil Rights Civil Rights Act of 1964Act of 1964. For 3 hours . For 3 hours peaceful supporters stood peaceful supporters stood on the lawn of the Lincoln on the lawn of the Lincoln Memorial listening as King Memorial listening as King gave his “gave his “I have a DreamI have a Dream” ” Speech. Speech. The march helped influence public opinion to support civil rights legislation.

The march demonstrated The march demonstrated the power of the power of nonviolent, nonviolent, mass protest. mass protest.

. At the end of . At the end of 1963, NAACP 1963, NAACP director director Medger Medger Evers Evers was was assassinated by an assassinated by an anti-integrationist. anti-integrationist. This horrified This horrified many who pushed many who pushed Congress to enact Congress to enact legislation.legislation.

Civil Rights Act of 1964Civil Rights Act of 1964 . The Civil Rights Act of 1964 outlawed . The Civil Rights Act of 1964 outlawed

discrimination based on:discrimination based on: a. a. racerace b. b. religionreligion c. c. national originnational origin d.d. gender gender And gave all citizens the right to use And gave all citizens the right to use

all all public public accommodations. It was accommodations. It was pushed through Congress by President pushed through Congress by President Lyndon B. Johnson Lyndon B. Johnson who used national who used national sorrow for Kennedy’s assassination to sorrow for Kennedy’s assassination to pass his domestic agenda.pass his domestic agenda.

Freedom SummerFreedom Summer In 1964 college students In 1964 college students

poured into Mississippi poured into Mississippi in order to register more in order to register more African Americans to African Americans to votevote. This voter-. This voter-registration drive was registration drive was called thecalled the Freedom Freedom SummerSummer. The goal of . The goal of registration was to registration was to dilute gerrymandering: dilute gerrymandering: the practice of voter the practice of voter districts being divided districts being divided up in favor of one up in favor of one political party and to political party and to keep the black majority keep the black majority in Mississippi from in Mississippi from influencing elections.influencing elections.

When the Freedom Summer When the Freedom Summer was unsuccessful drive was was unsuccessful drive was unsuccessful due to outbreaks unsuccessful due to outbreaks of violence, in 1965 SCLC of violence, in 1965 SCLC decided to focus their decided to focus their energies on energies on Montgomery,Montgomery, Alabama. To protest efforts by Alabama. To protest efforts by whites to keep blacks from the whites to keep blacks from the polls, King led a march from polls, King led a march from Selma Selma to Montgomery. Police to Montgomery. Police were shown on TV gassing were shown on TV gassing marchers, spraying them with marchers, spraying them with fire hoses and unleashing dogs fire hoses and unleashing dogs on them. Public horror at on them. Public horror at these events led to Congress these events led to Congress passing the passing the Voting Rights Act Voting Rights Act of 1965 of 1965 which sent in federal which sent in federal registrars. registrars.

This act led to an increase from 10% This act led to an increase from 10% of African Americans being registered of African Americans being registered to vote to 60% in 1968. Specifically it to vote to 60% in 1968. Specifically it called for:called for:

a. a. end to literacy testsend to literacy tests b. b. 2424thth Amendment: end to Amendment: end to

grandfather grandfather clauses and poll taxesclauses and poll taxes c. c. Federalization of voter Federalization of voter

registrarsregistrars

Regardless, violence Regardless, violence continued to increase. continued to increase. The The Ku Klux Klan Ku Klux Klan bombed black bombed black churches and homes churches and homes of civil rights leaders of civil rights leaders with impunity. In with impunity. In Mississippi 3 civil Mississippi 3 civil rights workers were rights workers were murdered by a group murdered by a group that included that included members of the local members of the local policepolice. .

By the mid-1960s the movement won a By the mid-1960s the movement won a number of victories in the Supreme Court, number of victories in the Supreme Court, especially because it was headed by liberal especially because it was headed by liberal Chief JusticeChief Justice Earl Warren Earl Warren. His court . His court worked to enforce voting rights for blacks worked to enforce voting rights for blacks and in the case and in the case Wesberry v. Saunders Wesberry v. Saunders he he forced states to redraw Congressional forced states to redraw Congressional districting lines to be more fair, saying districting lines to be more fair, saying gerrymandered district lines allowed one gerrymandered district lines allowed one person’s vote to count more than another’s. person’s vote to count more than another’s.

. In the case . In the case Gideon v. WainwrightGideon v. Wainwright, the , the Warren Court ruled that a person accused Warren Court ruled that a person accused of a felony must be provided with a lawyer, of a felony must be provided with a lawyer, even if they can’t afford one. In the even if they can’t afford one. In the Miranda v. Arizona Miranda v. Arizona case, the court ruled case, the court ruled that upon arrest, a person must be advised that upon arrest, a person must be advised of his or her rights and be allowed to of his or her rights and be allowed to remain silent and consult a lawyer. In remain silent and consult a lawyer. In other cases the court also prohibited school other cases the court also prohibited school prayer prayer and protected a person’s right to and protected a person’s right to privacyprivacy..

DiscontentDiscontent In the North, segregation In the North, segregation

was was de factode facto, meaning it , meaning it occurred by custom, not occurred by custom, not by law “by law “de jure” de jure” as it did as it did in the South. This made in the South. This made segregation in the North segregation in the North harder for civil rights harder for civil rights activists to fight.activists to fight.

2. In August 1965, anger 2. In August 1965, anger towards white authority towards white authority erupted in the erupted in the Watts Riots Watts Riots in Los Angeles when in Los Angeles when spurred by the spurred by the Black Black Panther Panther Party blacks Party blacks burned burned and and looted looted their their own ghettos because they own ghettos because they were seen as symbols of were seen as symbols of white oppression.white oppression.

3. Some of the 3. Some of the younger leaders younger leaders preached that African preached that African Americans should Americans should take control of their:take control of their:

a. a. communitiescommunities b. b. livelihoods livelihoods c. c. cultureculture They suggested that They suggested that

blacks abandon King’s blacks abandon King’s non-violent strategy.non-violent strategy.

One of these young leaders who One of these young leaders who advocated violence as a solution to advocated violence as a solution to oppression was oppression was Malcolm XMalcolm X who who was a minister in the was a minister in the Nation of Nation of IslamIslam. He urged blacks to claim . He urged blacks to claim their rights by “any means their rights by “any means necessary.” He preached that necessary.” He preached that whites were keeping African whites were keeping African Americans in a subordinate Americans in a subordinate position , and that blacks should position , and that blacks should separate separate from society. He from society. He appealed to a growing black appealed to a growing black identity identity and advocated and advocated self-self-defensedefense, many times leading to , many times leading to violence. violence.

5. However, he quit supporting 5. However, he quit supporting violence upon returning from a violence upon returning from a pilgrimage to pilgrimage to Mecca Mecca where he where he learned orthodox Islam preached learned orthodox Islam preached equality equality of all races. He was of all races. He was assassinated assassinated soon after.soon after.

By 1966 both SNCC By 1966 both SNCC and CORE who had and CORE who had preached integration preached integration expelled expelled their white their white members, advocating members, advocating separation of the races separation of the races and and Black PowerBlack Power..

7. The phrase coined by 7. The phrase coined by SNCC leader SNCC leader Stokley Stokley Carmichael Carmichael which which encouraged pride and encouraged pride and leadership, energizing leadership, energizing crowds of black youth crowds of black youth was was Black PowerBlack Power..

The political party started in 1966 in The political party started in 1966 in Oakland, California to protest police Oakland, California to protest police violence and preached armed revolt violence and preached armed revolt was called the was called the Black PanthersBlack Panthers. This . This grassroots grassroots organization raised money organization raised money by selling Mao Zedong’s “Little Red by selling Mao Zedong’s “Little Red Book,” and was a positive force in Book,” and was a positive force in ghettos by providing daycare, free ghettos by providing daycare, free lunches and other services. lunches and other services.

In April 1968, In April 1968, Martin Luther King Martin Luther King was was assassinatedassassinated. . His death resulted His death resulted in in riots riots in in Northern cities. Northern cities. Afterward the Afterward the movement movement fragmented.fragmented.

The policy meant to The policy meant to correct the effects of correct the effects of discrimination in the discrimination in the employment and employment and education of minority education of minority groups and women is groups and women is called called affirmative affirmative actionaction. It was created . It was created by President Johnson’s by President Johnson’s executive order. It set executive order. It set quotas quotas and and timetables timetables for hiring minorities.for hiring minorities.

The Supreme Court The Supreme Court case case Bakke v. UC Bakke v. UC California Board of California Board of Regents Regents charged charged reverse reverse discrimination in discrimination in college admissions. college admissions. The Court ruled that The Court ruled that any any quota quota did violate did violate the Constitution, but the Constitution, but did not declare did not declare affirmative action to affirmative action to be unconstitutional be unconstitutional

. The . The Equal Rights Equal Rights Amendment Amendment is a is a proposed proposed amendment to the amendment to the Constitution that Constitution that would prohibit any would prohibit any discrimination on discrimination on the basis of gender. the basis of gender. It never received a It never received a 2/3 vote to become 2/3 vote to become law.law.

Role of the Supreme Court The decisions of the United States

Supreme Court have protected individual rights in the years since Brown v. Board of Education of Topeka, Kansas (1954).

The membership of the United States Supreme Court has since included women and minorities, such as Sandra Day- O’Conner (first woman in the court, appointed by Ronald Reagan), and Ruth Bader Ginsberg (appointed by Bill Clinton).

African American men such as Thurgood Marshall (first black man appointed by Lyndon Johnson), and Clarence Thomas(appointed by George HW Bush).

Also Latino men Also Latino men and women such and women such as as Samuel Alito Samuel Alito (appointed by (appointed by George W. Bush) George W. Bush) and and Sonia Sonia Sotomayor Sotomayor (appointed by (appointed by Barack Obama).Barack Obama).

The civil rights movement of the 1940s, 1950s, and 1960s provided a model that other groups have used to extend civil rights and promote equal justice. The United States Supreme Court protects the individual rights enumerated in the Constitution of the United States. The United States Supreme Court identifies a constitutional basis for a right to privacy in the court case Roe v. Wade that is protected from government interference.

The United States Supreme Court invalidates legislative acts and executive actions that the justices agree exceed the authority granted to government officials by the Constitution of the United States. This concept of judicial review that was create by the case Marbury v. Madison in 1801.