Legalities in Education: The Case of Brown vs. Board of Education

Pages: 5 (1761 words) Published: February 10, 2010
Desegregation Paper

Problem of school desegregation was widely discussed many years ago and don’t loose its actuality even in our times. This work will be denoted to this topic and we will pay our attention on the importance of desegregation at schools; also we will stop at the civil rights and discrimination. In our work we will analyze them from different sides.

As we know topic of segregation and desegregation was raised more than fifty years ago. That’s mean that desegregation has its roots in the United States history. In fact if we will think about our past we will find the answer on all questions. At any rate, we should at first think about the times of slavery, when there were a lot of Negro slaves and they were perceived not like a people. Of course black slaves (like white slaves too) had no rights and no possibility of education. They were people of second or maybe even third sort. Negro slaves were important for the work on plantation and for any kind of work at all. When the slavery was cancelled and black people became free the situation changed, but these changes happened only due to struggle for them. Free white people got accustomed to the many years position and had no wish to change it. Black people stayed for them the same and attitude to them stayed the same. White parents didn’t want to saw black children at the one territory with their children and did all possible and impossible to exclude such variant. Black children cannot visit schools for white children and it was no chance to improve the situation. Remarkably, that it was no ways to do something with these incorrect rules and black people had complied with such rude discrimination.

As we understand the situation connected with education was hard and it seemed that there were no variants to improve it. But one day black man decided to change it for his daughter’s right protection.

Now I want to stop at this case and describe it in details.

History shows that more than ninety years preceding the Brown case, race relation in U.S. has been dominated by racial segregation. At that situation the policy had been endorsed by the United States Supreme Court case of Plessy v. Ferguson in 1896. This case held that as long as the separate facilities for the separate races were "equal," segregation did not violate the Fourteenth Amendment ("no State shall... deny to any person... the equal protection of the laws.") There were a lot of attempts to justify racism, also there were attempts to pay no attention on this problem, but black people need a right decision, because they have the same rights and they want to have no difference between the white and black people. Educational problems were lifted in 1951, due to the one black girl. Moreover, segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment - even though the physical facilities and other "tangible" factors of white and Negro schools may be equal. Let’s talk about the landmark decision of the United States Supreme Court, which overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws that established separate public schools for black and white students denied black children equal educational opportunities. This landmark decision is Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), and it was very important decision which changed educational scheme for black children. I think that is important to ask a simple question:

What Led to the Brown Decision?
There was no necessity to find something new, because this simple question was answered by a man who studied this question in details and found right answers for all of them. So, the following text was said by James T. Patterson and was taken from the U.S. Department of State...

References: 1. "Brown v. Board of Education, 347 U.S. 483 (1954)". FindLaw.
2. Black/White & Brown, transcript of program produced by KTWU Channel 11 in Topeka, Kansas. Originally aired May 3, 2004.
3. James T. Patterson, the U.S. Department of State publication, Historians on America.)
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