Primary Topic
This episode explores the historical journey and legal battles leading to the U.S. Supreme Court's decision in 1954 to declare racial segregation in public schools unconstitutional.
Episode Summary
Main Takeaways
- The legal precedent of "separate but equal" established by Plessy v. Ferguson was fundamentally challenged and overturned by the Brown v. Board of Education case.
- Thurgood Marshall played a crucial role in dismantling legal segregation, eventually becoming the first black Supreme Court justice.
- Ruby Bridges symbolized the real-world impact of Supreme Court decisions as she faced intense opposition when integrating an all-white school.
- The episode underscores the extensive legal and societal resistance that followed the Supreme Court's ruling, highlighting the ongoing struggle for racial equality.
- The civil rights movement gained a significant legal victory with the Brown v. Board of Education decision, influencing further civil rights advancements.
Episode Chapters
1: Homer Plessy's Stand
This chapter recounts Homer Plessy's planned arrest in 1892 as a protest against Louisiana's segregation laws, setting the stage for the pivotal Supreme Court case Plessy v. Ferguson. Owen Long: "Homer wants to be arrested and charged with breaking these restrictions, a plot to set up a legal test case."
2: Ruby Bridges and School Integration
Focuses on six-year-old Ruby Bridges in 1960, who braved hostility to integrate an all-white school in New Orleans, illustrating the societal impact of desegregation. Lindsey Graham: "Ruby is the first black child to attend the previously all-white William Frantz Elementary."
3: Brown v. Board of Education
Details Thurgood Marshall's argument in the landmark 1954 case that led to the Supreme Court's decision to end segregation in public schools. Thurgood Marshall: "Separate educational facilities are inherently unequal."
Actionable Advice
- Educate yourself and others about the history of civil rights to understand the struggles and victories that shape current societal structures.
- Support educational initiatives that promote racial equality and integration.
- Engage in community discussions or forums to foster a deeper understanding of racial issues.
- Advocate for policies at local and national levels that aim to dismantle residual segregation practices.
- Celebrate and amplify the stories of individuals who have played roles in advancing civil rights.
About This Episode
May 17, 1954: In the Brown v. Board of Education case, the US Supreme Court rules that racial segregation in schools is unconstitutional.
People
Ruby Bridges, Homer Plessy, Thurgood Marshall
Content Warnings:
None
Transcript
Lindsey Graham
There are more ways than ever to listen to history daily ad free listen with wondery in the Wondry app as a member of R@R.com or in Apple Podcasts. Or you can get all of history daily, plus other fantastic history podcasts@intohistory.com. Dot it's the morning of November 14, 1960, in New Orleans, Louisiana. Six year old Ruby Bridges sits on the backseat of a car as it drives from her home to a new school where Ruby is starting today. But the driver of the car isn't Ruby's mother or father.
Owen Long
It's a national Guardsman, one who's been tasked with making sure Ruby gets to school safely. Six years ago, the United States Supreme Court ruled that educating black children like Ruby in separate schools from white children was unconstitutional. But southern states have been slow to respond to the verdict. Today, Ruby is the first black child to attend the previously all white William France elementary, and as the car carrying her approaches the school's entrance, Ruby can see a crowd has gathered at the gates. A tomato strikes the windshield, startling Ruby as the car comes to a halt.
But Ruby is more puzzled than concerned. Her parents have shielded her from the controversy that their choice of school has created. Ruby has no idea that enrolling at William France has caused such anger. The car door opens, and Ruby steps out carrying a small satchel containing her lunch and a few pencils. She's surrounded by four burly us marshals who tower over her.
Ruby hears the white crowd shouting degrading names of racial slurs. She squints as she slowly reads the words on one of their signs. All I want for Christmas is a clean white stool. One woman even holds a miniature coffin with a black doll inside. But Ruby doesn't falter as the marshals escort her past the angry protesters.
Instead, she walks straight up to the school's entrance. But as soon as Ruby steps inside, a flood of white mothers follows her into the school. The marshals pull Ruby to the side and surround her protectively, but the women ignore Ruby and instead surge into the classrooms and seize their own children. As the angry parents leave with their kids trailing behind them, they shout that. They'D rather keep their children at home.
Than share a school with a black child. After a few moments, the crowd disperses, the halls fall silent, and Ruby wonders whether every day at school will start like this one.
Although six year old Ruby Bridges was born after racial segregation in public schools was declared unconstitutional, many southern states only integrated when the National Guard was called in to enforce the law. And over the next few months. Ruby will be escorted to school like this every day. She will have lessons with the sole teacher who agrees to teach a black child. And she will only eat food she brings from home for fear of being poisoned.
But Ruby wont be deterred and this little brave girl will play a crucial role in ending the segregation of Americas public schools, which was declared unconstitutional by the United States Supreme Court on May 17, 1954.
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Owen Long
From Noiser and airship I'm Lindsey Graham, and this is history daily.
History is made every day on this podcast. Every day we tell the true stories of the people and events that shaped our world. Today is May 17, 1954. The American Supreme Court abolishes segregation in public schools.
It's June 7, 1892, at the Press Street Railroad yard in New Orleans, Louisiana, 62 years before the Supreme Court orders public schools to integrate, Homer Plessy, a 30 year old shoemaker, clutches a first. Class ticket for the East Louisiana Railroad. And approaches the platform. The 415 train to Covington is waiting, and Homer nervously heads for the whites only carriage. Although Homer has light skin and can easily pass as white, hes not actually entitled to ride in the whites only section.
Homer has a black grandmother, which means hes legally classified as colored. And almost as soon as he boards the train, he feels the firm hand of the train conductor on his shoulder. At the end of the Civil War almost 30 years ago, black Americans were granted new legal rights and freedoms in Louisiana. Marriage between whites and blacks was allowed, public schools were integrated, and black men could vote if they paid a poll tax. But at the end of the 1870s, federal troops were withdrawn from the state, and white Democrats won power in local elections.
Louisianas progressive laws were then rolled back. The state legislature passed new laws restricting the rights of black people, and among them was the 1890 Separate Car act, which allowed Louisiana railroads to designate separate carriages for white and black passengers. But recently, Homer joined the Committee of Citizens, a group of 18 activists that opposed Louisianas new segregationist policies. And today, Homer wants to be arrested and charged with breaking these restrictions, a plot to set up a legal test case. The train conductor is also a member of the Committee of citizens and knows all about the plan.
Lindsey Graham
So as Homer hands over his ticket. The conductor asks whether Homer is white. Homer answers truthfully that he is not, and the conductor tells him that he must travel in the colored carriage. But Homer refuses to move, so the conductor summons a detective to arrest him. This detective has also been planted by the Committee of Citizens to ensure that their plan goes off without a hitch.
Owen Long
But unfortunately, as Homer is arrested, several white passengers decide to help the detective and drag Homer out of the whites only carriage. The situation threatens to descend into violence, so the detective hustles Homer away from the railroad yard before he gets hurt. Then, when hes safely away from the station, Homer is charged with violating the separate Car act. And three months later, Homer answers the charge in front of Judge John Howard Ferguson. But Homer enters an unusual plea.
Rather than answering guilty or not guilty, Homer requests that the charge be dismissed because Louisiana's separate car act is unconstitutional. Homer claims that the racial segregation of train carriages violates the 13th and 14th Amendment, which. Which abolish slavery and require equal treatment under the law. According to homers, lawyers forcing black passengers into separate carriages implies that they are inferior and undermines their constitutional rights. But Judge Ferguson disagrees.
He dismisses Homers petition and insists that they must go to trial. Homer and his attorneys appeal Judge Fergusons ruling in the Louisiana Supreme Court, and when the judges there dismiss the petition, too, Homer then appeals again to the United States Supreme Court. Years pass, though, before the nation's highest court finally hears the Plessy v. Ferguson case. Homer's lawyers rehash the same argument that's already been rejected twice in Louisiana, but hope they'll receive more sympathy in Washington, DC.
Instead, it falls on deaf ears a third time. The eight white men of the US Supreme Court rule seven, one against Homer Plessy, leaving him with no more legal options. As a result, Homer must plead guilty to violating the separate Car act and is ordered to pay a $25 fine. But the Plessy v. Ferguson case will have a much bigger impact than this mere fine.
The Supreme Court judgment will set a powerful legal precedent, establishing a doctrine that will come to be known as separate but equal as long as facilities are deemed to be the same. The Supreme Court rules that there is no legal impediment to segregation on the basis of race and emboldened by this Supreme Court verdict, in the years that follow, southern states will pass even stricter Jim Crow laws. Racial segregation will extend to almost all aspects of society, including jobs, housing, healthcare, and education. More than a half century will pass before the crusade against racial segregation returns to the Supreme Court. And when it does, a new lawyer will take up the case with a very different result.
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Owen Long
It's December 9, 1952, at the Supreme Court in Washington, DC. 56 years after the rejection of Homer Plessy's case against racial segregation, 44 year old civil rights lawyer Thurgood Marshall steps into the courtroom. Thurgood feels the eyes of everyone inside turn to him. Most of the people in the courtroom are white, but Thurgood is black. He takes his horn rimmed glasses out of his jacket pocket and puts them on.
But he doesn't really need them because Thurgood knows the brief. He's about to argue like the back of his hand. Today's case is Brown v. Board of Education, and Thurgood services have been employed by the National association for the Advancement of Colored People. The NAACP are acting on behalf of Oliver Brown, a black man from Topeka, Kansas, who wants to send his daughter to the school nearest the family home, rather than the all black school much farther away.
But the Topeka school board refused to enroll Oliver's daughter because the nearby school was designated whites only. The Browns responded by contacting the NAACP and then filing a class action lawsuit with twelve other black families, thanks to Oliver's name coming first in alphabetical order. It's his name on the case file and his lawyer. Thurgood has a reputation for successfully litigating cases where black Americans were paid unequal salaries or barred from attending college. Now he's set his sights on another totem of racial segregation, America's public schools.
After Thurgood takes his place, the justices of the Supreme Court file into the courtroom. All of them are men, and all of them are white. But Thurgood knows from their previous rulings that four of them are likely to be sympathetic to his cause. The justices are also under pressure from the White House as the USA seeks allies in the cold war. The mistreatment of black Americans is an easy propaganda win for the Soviet Union.
So many in the federal government hope the Supreme Court will take this opportunity to sweep away an embarrassing and unfair law. But even then, Thurgood still has a difficult task ahead of him. He is trying to overturn a legal precedent set more than 60 years ago when Plessy v. Ferguson judgment ruled that separate but equal racial segregation was legal. When its time for Thurgood to speak, he rises and lays out his case.
As Brown v. Board of Education progressed through the lower courts, the judges of Kansas denied the Brown family the chance to send their daughter to an all white school because they ruled that the all black school was just as good. The state attorneys commissioned a study of the school's buildings, curricula, and teachers, and the study concluded that the two schools were broadly comparable. But Thurgood argues that the all black school is not the equal of the all white school, and he has the data to prove it. Thurgood then calls an expert witness.
Doctor Kenneth Clark is a psychologist who has spent years studying the impact of segregation on children. Under questioning, Doctor Clark explains the results of a study he and his wife carried out using dolls. Children between the ages of three and. Seven were asked to choose their favorite. Toy from a selection of four dolls that differed only in skin and hair color.
They were asked which doll was the nice one and which doll was the bad one. Doctor Clark found that both white and black children tended to favor the white dolls, which they attributed with positive traits, while the black dolls were associated with negative traits. Thurgood concludes his questioning by asking Doctor Clark why the children favored the white doll. Doctor Clarks hypothesis is that racial segregation and discrimination lowers the self esteem of black children. And when Doctor Clark leaves the stand, Thurgood uses doctor Clarks research to assert that the racial discrimination legalized in Plessy v.
Ferguson is inherently damaging to black Americans. As such, it violates their constitutional right to equal treatment. With this, Thurgood finishes speaking, but his work is not over yet. The first hearing doesnt lead to a verdict, and a year later, the justices recall Thurgood to Washington to rehash the arguments a second time. Thurgood does not see this as a good sign, though, suspecting that the justices are stalling, and he heard rumors that Justice Stanley Reed is especially opposed to to overturning segregation in public schools.
Still, Thurgood does his best, knowing it's likely to be his last chance to influence the verdict. It will be several more months, though, before the court comes to a decision. And after years of careful planning and hard work, all Thurgood Marshall would be able to do is wait.
Lindsey Graham
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Owen Long
It'S May 17, 1954, at the Supreme Court in Washington, DC. Five months after the justices heard the Brown v. Board of Education case for a second time, Thurgood Marshall stands nervously in the courtroom. After months of consideration, the verdict is about to be delivered. As Chief Justice Earl Warren clears his throat, Thurgood locks eyes with one of the other justices, Stanley Reed.
Thurgood then glances away, but Justice Reed's dark eyes continue to stare. Justice Reid is rumored to be the main holdout against ruling segregation to be unconstitutional. And Thurgood can't tell whether Justice Reed is angry or pleased with the court's verdict. So Thurgood focuses his attention on Justice Warren as the chief justice reads the decision. And it's only after a moment or two that Thurgood's heart leaps.
He's won the case. And not only that, the decision is unanimous. The court has ruled by nine votes to zero to overturn Plessy v. Ferguson. Separate but equal is no longer a constitutional doctrine.
Thurgood's eyes then return to Justice Reid, the man he expected to dissent. Without smiling, Justice Reid returns thurgoods gaze with a small nod. Thurgood takes it as a gesture of respect for a well argued case. This victory is celebrated by civil rights activists across the United States. Many in the Deep south, though, see the ruling as a tragedy and vow to fight it.
Over the next few years, school districts across the south will resist the call to integrate schools, and Thurgood will be forced to take hundreds of districts to court before they open up their schools to all races. And even then, many black children like Ruby Bridges will face protesters and threats of violence when they attend previously all white schools. And Brown v. Board of Education won't be Thurgood Marshall's last visit to the Supreme Court, either. 13 years after this judgment, Thurgood will return to Washington, but in a new role.
He will be appointed America's first ever black lack Supreme Court justice and go on to serve on the nations highest court for 24 years, all the while remaining an advocate for equality, honoring the legacy of his hard fought victory over racial segregation that came with the Brown v. Board of Education Verdict on May 17, 1954.
Next on History daily, May 20, 1969 with their ship crushed by punishing antarctic conditions, explorer Ernest Shackleton and two others finally escape back to civilization from noiser and airship. This is History daily. Hosted, edited, and executive produced by me, Lindsey Graham. Audio editing by Mohammad Shazib Sound Design by Molly Bach music by three this episode is written and researched by Owen Long, edited by Scott Reeves managing producer Emily Burke. Executive producers are William Simpson for airship.
Lindsey Graham
And Pascal Hughes for r.
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