On May 17, 1954, the Warren Court’s unanimous (9-0) decision
stated that “separate educational facilities are inherently unequal.” This was
the day of the landmark Brown v Board of Education Supreme Court decision that changed
the face of America unlike any other decision before or since.
It was the cornerstone that laid the foundation for all of the civil rights African American’s know today, just as the late Thurgood Marshall, who brilliantly argued and won this case envisioned. It is also very appropriate to recognize the skillful talent of Justice Marshall for his more than fifty victories before the Supreme Court, more than any other attorney in history.
It was the cornerstone that laid the foundation for all of the civil rights African American’s know today, just as the late Thurgood Marshall, who brilliantly argued and won this case envisioned. It is also very appropriate to recognize the skillful talent of Justice Marshall for his more than fifty victories before the Supreme Court, more than any other attorney in history.
The Brown case, as
it is known, was not the first such case regarding civil rights argued before
the Supreme Court. It was just the most significant of what some would say was
the final battle in the courts that had been fought by African American parents
since 1849 with Roberts v. City of Boston, Massachusetts. It is also important
to note that Kansas was the site of eleven such cases spanning from 1881 to
1949.
The case was named
after Oliver Brown one of 200 plaintiffs. The Brown case was initiated and
organized by the National Association for the Advancement of Colored People
(NAACP) leadership who recruited African American parents in Topeka, Kansas for
a class action suit against the local school board. The Supreme Court combined
five cases under the heading Brown v. Board of Education: Delaware, Kansas,
South Carolina, Virginia, and the District of Columbia. The ultimate goal
sought by the NAACP was to end the practice of “separate but equal” throughout
every segment of society, including public transportation, dining facilities,
public schools and all forms of public accommodations.
The Brown Supreme
Court ruling determined racial segregation in public education was
unconstitutional in Brown I, the first opinion. The court’s implementation
mandated "with all deliberate speed" in 1955 was known as Brown II.
In 1979, twenty five years later, there was a Brown III because Topeka was not
living up to the earlier Supreme Court ruling, which resulted in Topeka Public
Schools building three magnet schools to comply with the court's findings.
As had been the
case since Homer Plessy, the subject in Plessy v. Ferguson in 1896 when the
U.S. Supreme Court decided that a Louisiana law mandating separate but equal
accommodations for blacks and whites on intrastate railroads was
constitutional. This decision provided the legal foundation to justify many
other actions by state and local governments to socially separate blacks and whites.
Now that I have
provided some history related to the case let me add my commentary. It has been
said that as sure as things change they remain the same. First, it took 60 year
to overturn Plessy with Brown and it took “with all deliberate speed” 13 years
for integration to begin fully. During the period from 1954 to 1967, governors
blocked school entrances and actually closed schools rather than comply with
the law of the land. I am not going to touch on the violence that caused
Presidents to send the US Army and National Guard troops to schools in order to
protect the safety of those the ruling was intended benefit as a result of the
Brown decision.
Since then, and
over time, many scams have been devised to disenfranchise minorities and
African Americans in particular. I need only remind you of “No Child Left
Behind” where we see persistent patterns of underachievement for lower-income
students on standardized test scores. These standardized tests serve as
gatekeepers to a child's academic future, which I don’t believe was the spirit
of the Brown case.
This brings us to
where we are today concerning the inequity that still exists. For example in
Washington DC the capital of the free world with its minority public school
student population of about 95% (all minorities included) suggests that schools
are equally as segregated, poorly funded, and there dilapidated facilities
equate to pre Brown V Board era schools. The police presence that exists today
unlike then serves to save, often times, the students from themselves. About
three-fourths of elementary students are poor enough to qualify for free or
reduced-price lunches. The dropout rate averages 2 to 1. These are just a few
issues that by any measure of academic standards or common sense suggest
failure.
The Quality Counts
Report, a publication from Editorial Projects in Education, which publishes the
trade magazine Education Week, rated the 50 states and the District in six
areas of educational performance and policy. Washington schools were ranked 51st
in the report, but the lead researcher
said that Washington is more comparable to large cities than to states, which
have a mix of struggling urban and higher-performing suburban and rural
schools. Like school districts in most large cities, Washington schools are
severely challenged with daunting problems with the most serious being a large
population of students from poor families living in troubled neighborhoods.
After fifty-five
years, it is not unreasonable to seek and ask that the spirit of Brown rest in
the city where the decision was rendered into law. I understand that public
education was not created to develop minds rather it was intended to simply
teach reading, writing, and arithmetic. It was created to maintain a permanent
underclass. Much like it was then, a travesty, in many ways it remains a
travesty for the children in most Urban Public School System’s particularly in
the city that is supposed to be the beacon of freedom around the world.
I, like Dr. King
believe in the dream but we have unfinished business and as it stands - it is a
dream deferred. I ask that we open our eyes and continue the struggle as the
ghosts of so many greats died for this principle: “education is the single most
important ingredient necessary to neutralize those forces that breed poverty
and despair”.
And that’s my Thought Provoking Perspective…
Legacy – A New Season will be released June 15, 2012
Visit: http://johntwills.com
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