Review of Black History Month 2020
by
John C Abercrombie
Today we begin an in depth look at the Brown v Board of Education case that reversed the principals established in the Plessy v Ferguson case that led to “Separate but Equal”.
It is difficult to understand what was being sought and the peril faced by the litigants without understanding the oppressive nature of life as a Black person.
Black people only sought a chance but were faced with obstacles anywhere they turned. Military personnel who risked life and limb were treated with the same hate and disrespect as all Blacks. Keeping in mind that it was under the effects of de facto segregation as well as De Juris Segregation that was so oppressive.
To understand the practices, we discover that de facto segregation is practiced by custom. As in the case of Viola Desmond who was arrested for tax fraud after being denied a ticket to the main floor of a movie theater in New Glasgow, Canada. There was no law against her being there, but it is just the way things were.
We have seen the brutality of Lynchings, which were often public spectacles attended by large crowds of Whites, including men, women and children. Often advertised in advance. The brutality was horrible, and it scared many people to see people tortured, mutilated, burned and hung.
We see entire industries devoted to these brutal acts, with people making handsome profits selling post cards of the spectacle and even selling body parts as souvenirs. The law against Lynching took over 100 years to become law in the United States.
On the other hand, there were cases that were written in the law, such as bus segregation. The driver used subjective judgement to make a determination of where a person could sit on the bus and was given enforcement powers by the law to enforce his/her decision.
While there was supposed to be equal under the law, there never was. It was said with a wink, a nudge and a nod. The physical schools were grossly inferior, the teachers given larger work loads and lower pay. There never was any question that the facilities were unequal.
Protest often led to the firing of anyone even remotely connected to the person. Relatives, friends and neighbors were subject to illegal firings. Businesses would refuse to do business with you. Those that did found themselves shunned by White customers. It was a brutal game and there were no winners.
No stone was left unturned in an all out effort to make sure that Blacks knew they were looked as inferior. Which was not true and only appeared so because of the oppressive policies in place.
Many people see the case of Brown v Board of Education, Topeka, Kansas and believe it was a Kansas case without realizing that it was s collection of cases involving several states. It was part of a plan designed by the famed Charles Hamilton Houston who in addition trained the premier lawyers who fought the cases.
It took tremendous courage to bring suit and we honor those courageous people who advanced the cause of civil rights for all people.
To review the previous posts on this subject, see the index which is a listing of all posts in the series posted February 2020 in honor of Black History Month.
The next posts will focus on those cases consolidated under Brown. See the complexity and courage that has moved us forward.
Click here for the index of previously posted topics. New articles will be posted with links on the same link, so use it to refer to the entire series. Click here
Next case: Briggs v Elliott – South Carolina