This episode is brought to you by Maloney cookies. Look sometimes that long, Zen yoga classes, just not in the cards, so maybe a cookie, is peppered farm. Olano believes you should make some time for yourself once in a while. I know I have a particular space in my sewing room that I like to just take a few minutes every day I sit there. I think about things it's kind of like meditation and munching at the same time being it that yummy beautiful cookie flavour, makes it luxurious and delightful, and I always feel recharge. Mulatto cook These are truly a treat worthy of your me time, their delicate and crispy, with luxuriously rich chocolate in the middle. You really want to keep he's just for you so remember to save something for yourself with peppered farm Olano. How do you find a new way forward when suddenly, you have two ready or not, maybe or relocating, or having your first baby or leaving relationship just starting or just start

over on the road to somewhere. We talk about all of it, getting really honest and we definitely laugh our way through it. The beauty of this journey. Emily size and I'm Joe Herzog join us as we navigate our own big life. Changes on our part cast the road to somewhere, listen to the road to somewhere on the eye. Her radio app on Apple pie, Or wherever you get, your podcast welcomes. You missed in history. Has that works not below, and welcome to the body ass, an increasingly listen, I'm Holly fry the other day. We had an episode that was about pussy versus Ferguson, so that was the? U S Supreme Court case but made racial segregation in the United States. Legal and Some interpretation actually encouraged as long as facilities for the different races, where equal? So today,

pursued will definitely be easier to follow. If you ve already listened to that one first, and what we're going to talk about today is the road to Brown versus Board of Education, which is the Supreme Court ruling that overturn pleasant versus Ferguson. It would be next impossible to have ever had a class on american history or the american Civil Rights Movement and have heard the name Brown versus board, but just like with where's this Ferguson for a lot of people like that name and what it did in Forms of segregation is certain the beginning. The knowledge of of It was all about it's a lot more, hated than just one child in one segregated school in a case that that went all the way, Supreme Court, and it turns out it's a lot more complicated than I expected when I got into it. So mindset was to have one episode that was about Brown for support What we're going to do is we're gonna have today's episode, which goes through sort of the the impact of

versus Ferguson and the process of getting this. Finally to the Supreme Court the Supreme Court's decision on the matter. We're going to need to have a separate episode to talk about what happened after that is. It was even just combining it to this part of the story. This episode, if you like, is longer than is typical for us, so we're having a separate episode, that's going to be about what happened after the brown versus word decision was released, so. Our pleasure versus Ferguson episode started with the context of the American civil war The context is the aftermath of policy versus Ferguson history. If you just said Marshall hurling the loan dissenting justice in that decision argued in his opinion that these laws were inherently discriminatory and unjust, near the ruling was going to lead to the proliferation of discriminatory laws and that race relations were only going to get worse and he was absolutely correct.

Especially in the south. The separation of black citizens from white citizens became increasingly strict and codified, and there were two schools, water, fountains and restrooms court We have different seats and different bibles to swear on hospitals refused, took to treat black patients. And if there wasn't a hospital that would treat black patients nearby. That was just too bad Even when separate facilities did exist for people of african descent, they were almost universally poorly funded have we maintained and generally inferior to the facilities that were for white people to use, while the the fact of being funneled, two separate inferior facilities was humiliating, integrating even worse, where the social systems that went into enforcing this state of separation. Anyone african descent was expected to be completely subservience and meet. Two white people blackened

Kids, who talked back or stood up for themselves were routinely met with anything from a pub humiliation, which is horrible enough, but it went all the way to outright violence. Lynching both of black people and any of their white supporters, was fairly common occurrence and it was rarely prosecuted. Majority sentiment about race also shifted pretty dramatically in the years following plus you versus Ferguson. I mean it. It wasn't good before that point, but round the turn of the twentieth century white historians, like William AID Dunning, started to write about reconstruction as a huge mistake on the part of the. Government and a lot of those opinions actually put it into the classification of being evil from this point of The north had forced unwind, unwanted views onto an unwilling south, and it should have this left well enough alone situation grew more visibly hostile in the years following role more one,

african Americans who had served their country in the war return home to find that they were, unlike white veterans, still treat with discrimination and harassment monsieur? a violent and deadly race riots. So The United States leading to many deaths and extensive property damage there. Also raise rights before and after those Inter war years for sure, but that was like the peak with few exceptions during this time cream court upheld various states Cedric, laws which had come to be commonly known as Jim Crow Laws, and that president, on four years after policy versus Ferguson on there occasion that the Supreme Court struck down of law. It usually wasn't because the lie itself was found to be discriminatory or in violation of the constitution. Regarding issues like ie, protection under the law- people in nineteen. Seventeen. The Supreme Court struck down a Kentucky law but outlawed the sale of hope.

Two black people in majority White neighborhoods- but this wasn't because that The discriminatory thing to do it was because the law interfered with the right to contract and with the ability of white homeowners to dispose of their properly, as they saw fit. The court cases brought to try to overturn segregation were largely pursued by the National Association for the advancement of colored people most people. I see myself as the end w c p, and that was first founded in nineteen o nine. This interracial group gotta start challenging discriminatory laws. They were advocating for equal ass access to employment, housing and voting in general campaigning for black Americans to have equal protection, access and rights under the law, and I, in thirty, were Nathan Marigold. He was working with and heavily CP outlined, a plan to fight school segregation and right than directly going up against the idea that separate schools were discriminatory or that schools.

Act. Children were inferior to schools for why children, legal strategy focused on budgets. So in the south, especially the budgets for schools for black children were vastly lower than the budgets for schools for white children and their with extensive documentation of this. That was why, out, there was not there. We really have to investigate. It was obvious. The hope, was that, by bringing this point of easy to document, unequal spending before the cord schools stones were going to end up with two choices. They will either have to raise the budget of the black schools to match that of the white schools or they could all that money and just operate one school to educate all races. At that point, though, widespread majority view- is that white children should be educated separately from black children and that there was nothing unfair about doing so. So Marigold thought that their best shot at challenging the system was to hit the school system in their wallets. He really everyone was born

We are hopeful that, if they presented us with a court, people We like what we can't possibly afford to raise the budgets that much were definitely not going to lower the budgets of the schools were white children, so they would just have to sort of third the hands up Well, I guess my hands are tied, but money intervened in all of this in a completely different way. Taking hey all the way to the Supreme Court is extremely expensive, and this was the great depression then in nineteen thirty, three marigold was appointed solicitor to the Department of the Interior Interior under Franklin D, Roosevelt Administration, so his plan sort of Israel they operate, but that he was going to be replaced. The someone else who would have a different plan- and that's it we'll talk about after a brief word from us, unique in interesting way or you were struggling to get the exact rate words in place. Will you not always have to worry about that? You can put it into a book, and that is where love book comes in love, books help customers.

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fifty percent on future purchases visit love book online, dotcom slash, I heard and you're gonna receive a special twenty percent discount. That is only fur listeners again, that is love book online. Dotcom. Slash I heart to receive Special twenty percent discount fell to turned to the story of of Nathan. Gold successor, that was Charles Hamilton Houston, he was about. Victorian of his class at amorous college and he went on to study, lie at Harvard and became the first african american editor of the Harvard LAW Review You can take another look at merit, marigold strategy, and he found that guy was a pretty good strategy, but it did come with them risks laxity. Tourists who testified about their budgets in their salaries would probably warned of losing their jobs. As a result, and giving the economic climate of the great depression those teachers, probably we're, not gonna, be able to find other work afterward. The result

possibility that this strategy would not actually in segregation that the courts will just force the school systems to equalized there buddy between schools were different races and schools would either find money somewhere or you know, make them look as though they were equal on paper. So Houston wanted to take a different approach. Instead of focusing on public schools, the enabling cp would focus on colleges and universities nation in these schools was justice, prevalent, as it was an elementary through high schools, but states far more primary and secondary schools than they had colleges and universities the animal s would be able to make a difference, while also fighting on fewer France focusing on Call- than professional. Schools also got rid of a lot of the wiggle room for schools to make excuses, so what public Schools School Board. Be able to explain.

Parities and curricula for different schools by saying well, this school is focused on college wrap. In that one is focused on vocational work. Or they might say sore the school for the white children is new and the black fool is older, but the classrooms of the same size and they have otherwise equivalent facilities with a lot harder to explain away differences between one law programme and another law programme and people from focusing on the college level, would also be less emotional for parents college. National school students were amish, of adulthood. So there was less of a perception that way didn't need to be protected from some kind of racial threat. Also them explicitly racist view of the time was that white children who went to school with black children would get you to them breaking down a barrier that some people felt needed to be there. Yet at that idea was to the college idea where people you know people. Why do people think of kids?

Aid is being a little bit more set on their ideas, we do not necessarily true least, unlike my college experience, I changed my views on a lot of things. I hope its bright People were less threatened by that idea. So we are basically, you started a search for plaintiffs in a case to take us Supreme Court at the youth the city of Maryland LAW school. Three of Maryland, only admitted white students, and there was no law school for black students in Maryland, at all so, when the enabling cpu started its search. At that point, there had been nine african Americans who would applied for admission to the University of Maryland LAW School and they had been rejected because of their race. One of them, Donald Murray, was an exceptional student. Had he been wait, he definitely would have gotten into the programme and when he was turned down, because he was black GO officials recommended that he go to Howard, which was a traditionally black university in Washington D C,

and it wasn't just a recommendation. The state of Maryland would give him a scholarship from fund was set up for black students who could not attend school in Maryland because of their race. The endeavour, lazy, pizza, case and in nineteen thirty five, a court found the scholarship was not equal to admission out of state support at school, as we have said before, the segregation had to be separate, but equal for one thing, the scholarship was only a small amount that could defray tuition costs and would not remotely have covered tuition Howard or even reduce its costs. To being the same as that of a state supported school in state where he lives for another attending Howard, rather than a school in Maryland, would have put Murray at a disadvantage when it came to practising law since Howard, located in Maryland, Mary Wooden studying with Maryland lawyers, and he wouldn't be building a network in the state where he plans to practice law. So the court

heard that Murray be admitted to the University of Maryland LAW School and in nineteen thirty eight he became the first black person to graduate from their. This can did not overturned segregation anywhere else, but it was the end of a lazy peace. First major school segregation victory. It was The first case that Thurgood Marshall worked on for the end of a lazy p As a side note, Thurgood Marshall also went to Howard University under exactly the kind of scholarship that was an issue and he graduated first in his class at the law school. The animal We continued to pursue more college and professional school segregation cases throughout the court's games, Does Canada made it all the way to the Supreme Court and this almost pretty similar to Murray's case Lloyd? had not been admitted to a state supported school in Missouri because of his color and the state offered him a scholarship to a different school in another state. A lower court found this scholarship was eventually equal to being allowed to attend the school. But do you

Supreme Court reverse that ruling, noting that offering a student, a scholarship to a school in another state was not the same as offering an actual equal education within the state of Israel. Have to either admit games to the work programme of the school? That admitted only white students or it would have to start allow program at its college for black students. Still didn't overturn any segregation laws there, since the ruling just meant that states had to offer their own equal but separate education within their state, rather than basically farming it out to other states that didn't work. Missouri to take any specific action, either to stir in some way fix it. Situations where it really was offering equal programmes for black and white students, so Unfortunately, after this kind of partial victory gains case guts, In the courts for years, there is a whole series of like reversals that appeals and sending back and bringing it back up.

Eventually games himself disappeared, meaning that the Nepalese you ve just couldn't pursue it anymore, not find out what happened to him. I dont know if we know what happens. The anomaly CP continued on with a long and frustrating series of other cases in other states, including Missouri, Tennessee, South Carolina and Oklahoma, and why It's often responded with delaying tactics, innovations of court orders. There was some progress made more. It started offering scholarships to private schools in the state. If the state supported schools did not admit black students or they started offering programmes for black students to attend all white programmes in some capacity, the number African Americans who had access to higher education started Greece in southern and border states. I've kind of a quick afire should go without saying and is not really a greatly This outline to say there were just gonna stay here before we take another brief break,

everyone involved in bringing these cases to any court throughout? This episode did so at great personal risk people were harassed and threatened. They lost their jobs on and on. So as This was happening. The struggle to try to integrate schools was. Don't you know by people who are doing so, knowing that they could have really poor wretch. Patients on their own personal situation and of the support of the story there's still segregated, so we're gonna. Take another brief word from a sponsor then come back to talking about when we finally got to the point of of the Supreme Court desegregated This episode of stuff you missed in history class, brought you buy Norton three sixty with lifelong, let's just say, you're shopping online with your smartphone. I do it all the time. They sure feels that your personal info is right there in your hand, but that's always the case, because as soon as you hit submit your purse,

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to a train mechanic with years of experience or do take it to a celebrity. Then why are you doing the same thing with your health? I'm Tom HOLLAND and I have a brand new podcast called thickness disruptive. A groundbreaking shielded deepens the most common exercising attrition miss once and for all with science. I'm an exercise physiologist with a masters degree and emphasise science and sports psychology, and I have, over thirty years experience in the fitness industry timing to weaken durrants athlete. Having completed twenty six, I may attract the lawns and over seventy marathons and ultra funds around. We will your interviews with the best in the business the talk doctors, nutrition is professional athletes and in each episode of fitness disrupted, I will give you actionable advice. They can begin to use right away, no more wasted time and money following bad advice was in a fitness disrupted at Apple pod, cast an eye heart radio app or wherever you listen upon cast to return to our story,

the OECD, slowly chipped away at different aspects of college unprepared school segregation by bringing these cases under the courts and it also to broaden its focus so well. We of the cases from the late thirties and early forties had focused on whether states were providing equal access to education for both races in the late. In forty is an early nineteen fiftys, the they started, focusing on the inherit, discrimination that was part of having segregated facilities at all. The the Supreme Court heard the case of Mcclaren verses Oklahoma in nineteen, forty eight and in this George Mcclaren had been allowed to attend the University of Oklahoma because there was no graduate level program at then university, which was the college for black students, while we learn, was allowed to attend the otherwise white school, he was separated from the white students in pretty much every context. He in a row by himself in class he

by himself since he was the only black graduate student. This completely isolated him from all of his peers, this We were also heard. The key, sweat versus painter in nineteen fifty, which focused on the right of a black student named human sweat to attend law school at the University of Texas. Rather, the Texas State University for negroes in both cases. The argue from the end of a p. Lawyers focused on the indignity unfairness and discrimination that were inherent and segregation. As well as violations of the fourteenth amendment to the constitution, which we have discussed in detail in the less you versus Ferguson, absurd in with cases the Supreme Court found in favour of the students, not the states but neither of these rulings was broad enough to overturn policy versus Ferguson. It only applied to these specific students and the college is that they were trying to attend function,

Just unprofessional schools did start to voluntarily voluntarily desegregate at this point because they were anticipating that other rulings were going to come. That would force them to do. It and so with these precedent cases. Finally, out there, the animal s c turned its focus back to elementary and secondary school segregation, which is where, finally come to Brown versus board of education although Brown be bored, sounds like one case with one plaintive, it was actually a collection of five cases argued before this in court at the same time These cases were argued by different and doubly seafood. Lawyers Thurgood Marshal was a prominent figure among them and he took the lead once the cases came before the Supreme Court and bring MRS Elliot, which is the South Carolina case. Marshall but the strategy, challenge the innate and fairness of segregation. He brought him psychologists, sociologists and other experts. The testify

the fact that segregation was inherently damaging to children, especially to children, he asked recommended that, rather than allowing black children's who attend the white schools that white children should be sent to, the black schools is awaited, call out these supposedly equal schools. Where equal at all this testimony as where what like one of the most cited statements about the damaging parts of segregation came up frequently and that's that where they would offer children different dolls and ask them to pick the good doll and the bad doll and really, regardless of their race children picture why Don T be the good doll in the black dolls EMU, the bad doll and lay still Other The caters that that that children we're picking up the idea that black was bad. By being segregated, so the famous Brown versus board of Education gets his name from one of the other cases in that set of five and

was brown versus the Board of education of to peek a Kansas although there were many plaintiffs involved in this case, the lead plaintiff was Oliver Brown. His name came first alphabetically on a plaintive lists. That's why he's listed Brown father of a little girl who had to attend the black school, even though she had to work directly passed much nicer, better appointed funded white school on the way there every single day, the other cases that fell under the Brown versus board umbrella were two cases from Delaware. There's recalled Gebhardt at all versus Melton at all and Gebhardt verses, Bula and the There was Davis versus County School Board of Prince Edward County, which was the Virginia case. These. Is all work their way through the lower courts? Much this was the cases we ve talked about earlier. This episode Originally, the Supreme Court was set to hear Brown versus Board and Briggs versus Elliot on the same day,

but soon the other three cases were ready for this green court as well and in the end, arguments for all five were set to start on December night of nineteen. Fifty two, there are good Marshall, would lead the end of a lazy, peas, legal team, essentially had five cases to argue the arguments with on until the afternoon of December, eleventh and double BP lawyers made many of the same arguments. They brought up and lower lower courts that segregation was psychologically damaging to black children than it was in here discriminatory and that it was unconstitutional under the fourteenth amendment. The states separately defended their practices of segregation primarily arguing that the fourteenth amendment allowed them to maintain separate facilities. A few months later, the court issued an order, but it was not a decision. It was in order that all five cases would be held over to the next term and re argued, which is something that really does not happen very often

some other notable examples where this has taken place in these names will kind of give you a hint ass to how momentous it was We're rovers is weighed on the issue of abortion, citizens, United versus Federal Election Commission on the issue of whether corporations have first amendment Corrections to free speech is the really The most controversial cases that seem to be. We argued most often. The court also asked for new briefs this time they wanted them to answer specific questions related to the fourteenth amendment, and they were. They were extensive. So, very briefly, how did or did in the states that ratified the fourteenth amended understand that it would abolish segregation, and if, states had not understood that? Did the framers of the amendment understand how it might be used? Was it

in the power of the court to use the fourteenth amendment to abolish segregation at all, and if it was what it takes to do this. How, These segregation actually be done. Opinions among the mw, cp lawyers were actually divided about whether this request to re argue the case was positive or negative sign but among the states, lawyers, everyone generally felt pretty confident that it was going their way in the segregation would be upheld, Ray We started on December, seventh, nineteen, fifty three! So almost a year after the first arguments, it had started and they, for another three days. And the re argument. Thurgood Marshall strenuously argued that it was within the power of the Supreme Court to end segregation that it did not need to follow the Congress to pass a new law or to amend the constitution. But the states, Did the enabling cps interpretation of the Fourteenth amendment was fundamentally flawed and that, as we have said so,

arms allowed or different facilities that we're still equal On May seventeenth of nineteen fifty four, so at this point this has gone on for a year and a half. In court announced its decision. The court, by chief justice or a war in whose name you may remember, from her episodes on Mendez versus Westminster and loving versus Virginia was unanimous. The decision again segregation of white and meagre children in the public schools of a state solely on the basis of race. For to state laws permitting or requiring such segregation denies the Negro children, the equal protection of the laws guaranteed Fourteenth amendment. Even the physical facilities and other tangible factors of white and negro schools may be equal. It also. Rightly addressed plus versus Ferguson. By saying the separate, but equal doctrine adopted in plenary versus Ferguson, one sixty three: U S! Three! Forty seven has no

place in the field of public education, but the story doesn't end layer. Decision didn't give much guidance on how schools were supposed to integrate. So in nineteen. Fifty five the case was re, argued yet again from April eleventh April fourteenth. And this time the additional arguments were related to how to implement the previous decision This new decision was given on May thirty first of that year and it ordered that the plaintiffs, in the previous cases, be admitted to the schools in question, quote on racially non discriminatory basis with all deliberate speed, authorities were given the responsibility for figuring out how to solve problems related to integration at the low. What level with input from the courts when it was necessary. The original five key, We're remanded back to district court to figure out how to implement those specific links or to uphold the earlier rulings. Whichever was more applicable, fell in a lot of ways.

This disaster, which is why we need to have a whole other episode to talk about it school system then states, especially but not exclusively in the south stream, firstly, resisted integration was huge and that's why I want to set up objective a whole separate episode. We cannot basically leave it here by saying, and then segregation was overturned yea because a lot of what and afterwards. Monumental and horrifying and in some ways still echoing through school systems in the United States. Today, that is where a pause for reflection do you have a spot of listener may offer us my view. It is a brief, wasn't or male, because this episode, as I said at the beginning of a little longer than we typically do, it is from Amanda ETA, Manasses, hello, Ladys. I am surprised that I'm actually able to write this email because I'm so excited that is hard to sit still. What excited about which you can

from the subject of the but email, but not as much in the text that we talked about a site that she works on in our unearthed and twenty fourteen episode to recall if it was part one or protein- and she says you mentioned at thirteen minutes two seconds a well in Tuscany I've been excavating at that. Well for the past two years, be going back this year. I worked at the fines by the well and cleaned everything that came in during those two seas. And that was a lot One strata we had over twenty kilos of broken, but the pottery we were all sad. When the well closed. As signal the end of almost fifty years, of on and off excavation, but the director incredibly happy to have finally reached the bottom and to know all the well contained. Thank you. So much mentioning my site in your show, it was one of the cruellest things ever. Thank you, Amanda

I was lucky viewing from people who are directly working with things that we talk about an episode, so we are going to stop us here for today, and we are going to pick the story back up in. I think our next episode without us working out on the calendar. If you would like to write to us about or any other subject. You can wear history podcast that house networks back home or Facebook is Facebook that conflict Miss than history of our twitter is miss than history. Our tumblr is most industry, dot, tumblr dot com, and we are also on interest that Pinterest accomplish. Mr history, we have spread. Store it missed, and Mr Duff pressured by five certain phone cases and what not, if you

like to learn a little bit more about what we ve talked about today comes through our website and put the word Brown be born into arts or start. You will find the article about how this double rights movement worth, which talks about brown or supportive of education to cheat part of the civil rights movement. You can also come to our website, which is miss than history dot com, and you can find an archive of every single episode we have ever done as well as shown for that research holly and I have done lots of other whole stuff. Six do all that and a whole lot more at Helstone works, dot com or miss than history not come on this, and thousands of other topics has some works.

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