Segregation of Schools

BROWN V BOARD OF EDUCATION OF TOPEKA 1*

Facts: Black students denied from going to public school because of racial segregation laws.

Holding: In public education “separate but equal” is unconstitutional (because implicitly not equal) ~ overturns Plessy v. Ferguson. 

Reasoning: Relied on intangible differences in schooling (Swett, McLaurin).

MCLAURIN V. OKLAHOMA STATE REGENTS

Holding: Black student in white school must be treated like all other students (focusing on intangibles, like ability to study, engage in discussion, learn his profession)

BROWN V BOARD OF EDUCATION OF TOPEKA 2*

Facts: Concerns timeline for enforcement of Brown v Board 1 

Holding: Task of desegregating public schools belongs to private schools. Requires “prompt and reasonable start” consistent with “good faith compliance at the earliest practicable date.” 

• Vague wording led to resistant, slow integration process

BOLLING V SHARPE*

Applied Brown v. Board of Education to DC. Because the 14th amendment was not available as a source of authority (only applies to states), it uses the 5th Amendment Due Process clause.

GAYLE V BROWDER

Holding: Segregation in various other situations is also unconstitutional (ex: buses)

• NOTE: Other cases like golf courses and public beaches followed suit.

COOPER V AARON*

Facts: Attempt to postpone further desegregation. Claimed that Black students had been subjected to violence and educational conditions were suffering.

Holding: SC rejected. Cites Marbury v Madison that SC decides the law of the land. Brown applies and Arkansas better follow it.

• Fun fact: only opinion in the history of the court signed by all 9 justices.

• Fallout: governor orders schools closed, which was found unconstitutional. Opened the next year with black students in attendance.

GRIFFIN V PRINCE EDWARD COUNTY

Facts: To get around desegregation, county closed all public schools, gave parents grants to put kids in segregated private schools. 

Holding: Unconstitutional + time for “deliberate speed” had run out. Gave district court power to issue any orders necessary to get public schools reopened.

GREEN V NEW KENT COUNTY

Holding: In desegregating, “freedom of choice” is not, by itself, enough (at least in the context where very few black students transfer to white schools and vice-versa).

MILLIKEN V BRADLEY*

Facts: Court ordered busing of students from city to suburbs and vice versa to undo defacto desegregation. 

Holding: Unconstitutional. Without a showing that either school did anything unlawful, city cannot be subject to court ordered remedies (such a busing)

• Effectively ends busing and fed gov efforts 

FREEMAN V PITTS

Holding:

PARENTS INVOLVED IN COMMUNITY SCHOOLS V SEATTLE SCHOOL DISTRICT*

Facts:

Holding: