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Brown v. Board of Education |
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BackgroundFor much of the 90 years preceding the Brown case, race relations in the U.S. had been dominated by racial segregation. This policy had been endorsed in 1896 by the United States Supreme Court case of Plessy v. Ferguson which held that as long as the separate facilities for the separate races were "equal," the segregation did not violate the Fourteenth Amendment ("no state shall… deny to any person…the equal protection of the laws").The plaintiffs in Brown asserted that this system of racial separation, while masquerading as providing separate but relatively equal treatment of both white and black Americans, instead perpetuated inferior accommodations, services, and treatment for black Americans. Racial segregation in education varied widely from the 17 states which required racial segregation to the 16 which prohibited it. Brown was influenced by UNESCO's 1950 statement, signed by a wide variety of internationally-renowned scholars, titled The Race Question.[2] This declaration denounced previous attempts at scientifically justifying racism as well as morally condemning racism. Another work which the Supreme Court cited was Gunnar Myrdal's (1944). Myrdal had been a signatory of the UNESCO declaration. Brown is undoubtedly the most famous of a series of U.S. Supreme Court cases that deal principally with the efforts of racial activists to promote the interests of the people they represented. The related cases are listed below. Brown v. Board of EducationIn 1951, a class action suit was filed against the Board of Education of the City of Topeka, Kansas in the U.S. District Court for the District of Kansas. The plaintiffs were thirteen Topeka parents on behalf of their twenty children.[3]The suit called for the school district to reverse its policy of racial segregation. Separate elementary schools were operated by the Topeka Board of Education under an 1879 Kansas law, which permitted (but did not require) districts to maintain separate elementary school facilities for black and white students in twelve communities with populations over 15,000. The plaintiffs had been recruited by the leadership of the Topeka NAACP. Notable among the Topeka NAACP leaders were the chairman McKinley Burnett; Charles Scott, one of three serving as legal counsel for the chapter; and Lucinda Todd. The named plaintiff, Oliver L. Brown was a parent, a welder in the shops of the Santa Fe Railroad, an assistant pastor at his local church, and an African American.[4] Brown had initially contacted Topeka attorney William Everett Glenn, Sr. about his concerns regarding "separate but equal" policies of Topeka schools. Attorney Glenn referred him to the local Topeka NAACP chapter. He was convinced to join the lawsuit by Scott, a childhood friend. Brown's daughter Linda, a third grader, had to walk six blocks to her school bus stop to ride to Monroe Elementary, her segregated black school one mile away, while Sumner Elementary, a white school, was only seven blocks from her house. As directed by the NAACP leadership, the parents each attempted to enroll their children in the closest neighborhood school in the fall of 1951. They were each refused enrollment and directed to the segregated schools. Linda Brown Thompson later recalled the experience in a 2004 PBS documentary:
The Kansas case, "Oliver Brown et al v. The Board of Education of Topeka, Kansas," was named after Oliver Brown as a legal strategy to have a man at the head of the roster. Also, it was felt by lawyers with the National Chapter of the NAACP, that having Mr. Brown at the head of the roster would be better received by the U.S. Supreme Court Justices because Mr. Brown had an intact, complete family, as opposed to someone who was a single parent head of household. The thirteen plaintiffs were: Oliver Brown, Darlene Brown, Lena Carper, Sadie Emmanuel, Marguerite Emerson, Shirley Fleming, Zelma Henderson, Shirley Hodison, Maude Lawton, Alma Lewis, Iona Richardson, and Lucinda Todd.[6][7] The District Court ruled in favor of the Board of Education, citing the U.S. Supreme Court precedent set in Plessy v. Ferguson, , which had upheld a state law requiring "separate but equal" segregated facilities for blacks and whites in railway cars.[8] The three-judge District Court found that segregation in public education has a detrimental effect upon negro children, but denied relief on the ground that the negro and white schools in Topeka were substantially equal with respect to buildings, transportation, curricular, and educational qualifications of teachers.[9] ![]() George E.C. Hayes, Thurgood Marshall, and James Nabrit, congratulating each other, following Supreme Court decision declaring segregation unconstitutional Supreme Court reviewThe case of Brown v. Board of Education as heard before the Supreme Court combined five cases: Brown itself, Briggs v. Elliott (filed in South Carolina), Davis v. County School Board of Prince Edward County (filed in Virginia), Gebhart v. Belton (filed in Delaware), and Bolling v. Sharpe (filed in Washington D.C.).All were NAACP-sponsored cases. The Davis case, the only case of the five originating from a student protest, began when sixteen year old Barbara Rose Johns organized and led a 450 student walkout of Moton High School. The Kansas case was unique among the group in that there was no contention of gross inferiority of the segregated schools' physical plant, curriculum, or staff. The district court found substantial equality as to all such factors. The Delaware case was unique in that the District Court judge in Gebhart ordered that the black students be admitted to the white high school due to the substantial harm of segregation and the differences which made the schools separate but not equal. The NAACP's chief counsel, Thurgood Marshall—who was later appointed to the U.S. Supreme Court in 1967—argued the case before the Supreme Court for the plaintiffs. Assistant attorney general Paul Wilson —later distinguished emeritus professor of law at the University of Kansas—conducted the state's ambivalent defense in his first appellate trial. Local outcomesThe Topeka middle schools had been integrated since 1941. Topeka High School was integrated from its inception in the late 1800s. The Kansas law permitting segregated schools allowed them only "below the high school level."Soon after the district court decision, election outcomes and the political climate in Topeka changed. The Board of Education of Topeka began to end segregation in the Topeka elementary schools in August of 1953, integrating two attendance districts. All the Topeka elementary schools were changed to neighborhood attendance centers in January of 1956, although existing students were allowed to continue attending their prior assigned schools at their option.[10][11][12] Plaintiff Zelma Henderson, in a 2004 interview, recalled that no demonstrations or tumult accompanied desegregation in Topeka's schools:
The Topeka Public Schools administration building is named in honor of McKinley Burnett, NAACP chapter president who organized the case. Monroe Elementary was designated a U.S. National Historic Site unit of the National Park Service on October 26, 1992. The decisionThe 1954 decision reversed the precedent set by the Court's previous decision in Cumming v. Richmond County Board of Education, (1899)*, which had specifically validated the segregation of public schools. Brown did not, however, result in the immediate desegregation of America's public schools, nor did it mandate desegregation of public accommodations, such as restaurants or bathrooms, that were owned by private parties, which would not be accomplished until the passage of Title II of the Civil Rights Act of 1964. However, it was a giant step forward for the civil rights movement, placing the weight of the Federal Judiciary squarely behind the forces of desegregation.Brown is often referred to as Brown I, because the following year, 1955, the Court completed its ruling. In this second Brown decision, Brown II, the Warren Court ordered the states' compliance with Brown I "with all deliberate speed." Brown II was argued by Robert L. Carter, who had earlier initiated some of the cases consolidated at the Supreme Court into Brown I. Even so, formal compliance with the provisions of these two cases was not expedited, and in the South most public schools would not be desegregated until about 1970 under the Nixon administration. Nearly twenty years after Brown, school desegregation would come to the court's attention again in two cases involving the use of busing to integrate students across school districts: Swann v. Charlotte-Mecklenburg Board of Education, and Milliken v. Bradley, . Chief Justice Earl Warren wrote for the unanimous Court in Brown:
Social implicationsNot everyone accepted the Brown v. Board of Education decision. In Virginia, Senator Harry F. Byrd, Sr. organized the Massive Resistance movement that included the closing of schools rather than desegregating them. See, for example, The Southern Manifesto. For more implications of the Brown decision, see Desegregation.In 1957, Arkansas Governor Orval Faubus called out his state's National Guard to block black students' entry to Little Rock High School. President Dwight Eisenhower responded by deploying elements of the 101st Airborne Division from Fort Campbell, Kentucky to Arkansas and by federalizing Faubus' National Guard. Also in 1957, Florida's response was mixed. Its legislature passed an Interposition Resolution denouncing the decision and declaring it null and void. But Florida Governor Thomas LeRoy Collins refused to sign it arguing that the state must follow the Supreme Court's ruling. Tourism and Florida's popular image probably played a role in its muted response. In 1963, Alabama Gov. George Wallace personally blocked the door to Foster Auditorium at the University of Alabama to prevent the enrollment of two black students. This became the infamous "Stand at the Schoolhouse Door," during which Wallace declared "segregation now, segregation tomorrow, segregation forever."[15] He moved aside only when confronted by federal marshals and Deputy Attorney General Nicholas Katzenbach. Legal criticism and praiseWilliam Rehnquist wrote a memo titled "A Random Thought on the Segregation Cases" when he was a law clerk for Justice Robert H. Jackson in 1952, during early deliberations that led to the Brown v. Board of Education decision. In his memo, Rehnquist argued: "I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by 'liberal' colleagues but I think Plessy v. Ferguson was right and should be reaffirmed." Rehnquist continued, "To the argument...that a majority may not deprive a minority of its constitutional right, the answer must be made that while this is sound in theory, in the long run it is the majority who will determine what the constitutional rights of the minorities are."[16] Rehnquist also argued for Plessy with other law clerks.[17] However, during his 1971 confirmation hearings, Rehnquist said, "I believe that the memorandum was prepared by me as a statement of Justice Jackson's tentative views for his own use." Justice Jackson had initially planned to join a dissent in Brown.[18] Later, at his 1986 hearings for the slot of Chief Justice, Rehnquist put further distance between himself and the 1952 memo: "The bald statement that Plessy was right and should be reaffirmed, was not an accurate reflection of my own views at the time."[19] In any event, while serving on the Supreme Court, Rehnquist made no effort to reverse or undermine the Brown decision, and frequently relied upon it as precedent.[20]Some aspects of the Brown decision are still debated. Notably, Supreme Court Justice Clarence Thomas, himself an African-American, wrote in Missouri v. Jenkins (1995) that at the very least, Brown I has been misunderstood by the courts.
Some Constitutional originalists, notably Raoul Berger in his influential 1977 book "Government by Judiciary," make the case that Brown cannot be defended by reference to the original understanding of the 14th Amendment. They support this reading of the 14th amendment by noting that the Civil Rights Act of 1875 did not ban segregated schools. Other originalists, including Michael W. McConnell, a federal judge on the United States Court of Appeals for the Tenth Circuit, in his article "Originalism and the Desegregation Decisions," argue that the Radical Reconstructionists who spearheaded the 14th Amendment were in favor of desegregated southern schools. The case also has attracted some criticism from more liberal authors, including some who say that Chief Justice Warren's reliance on psychological criteria to find a harm against segregated blacks was unnecessary. For example, Drew S. Days has written:[22] "we have developed criteria for evaluating the constitutionality of racial classifications that do not depend upon findings of psychic harm or social science evidence. They are based rather on the principle that 'distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality,' Hirabayashi v. United States, 320 U.S. 81 (1943)...." In his book "The Tempting of America" (page 82), Robert Bork endorsed the Brown decision as follows:
Public officials in the United States today are nearly unanimous in lauding the ruling. In May 2004, the fiftieth anniversary of the ruling, President George W. Bush spoke at the opening of the "Brown v. Board of Education National Historic Site", calling Brown "a decision that changed America for the better, and forever."[23] Most Senators and Representatives issued press releases hailing the ruling. Brown IIIn 1955, the Supreme Court considered arguments by the schools requesting relief concerning the task of desegregation. In Brown II the court delegated the task of carrying out the desegregation to district courts with orders that desegregation occur "with all deliberate speed," a phrase traceable to Francis Thompson's poem, The Hound of Heaven. Some supporters of the earlier decision were displeased with this decision. The language “all deliberate speed” was seen by critics as too ambiguous to ensure reasonable haste for compliance with the court's instruction.Brown IIIIn 1978, Topeka attorneys Richard Jones, Joseph Johnson and Charles Scott Jr. (son of the original Brown team member), with assistance from the American Civil Liberties Union, persuaded Linda Brown Smith—who now had her own children in Topeka schools—to be a plaintiff in reopening Brown. They were concerned that the Topeka Public Schools' policy of "open enrollment" had led to and would lead to further segregation. They also believed that with a choice of open enrollment, white parents would shift their children to "preferred" schools that would create both predominantly African-American and predominantly European-American schools within the district. The district court reopened the Brown case after a 25-year hiatus, but denied the plaintiffs' request finding the schools "unitary". In 1989, a three-judge panel of the 10th Circuit on 2-1 vote found that the vestiges of segregation remained with respect to student and staff assignment. In 1993, the Supreme Court denied the appellant School District's request for certiorari and returned the case to District Court Judge Richard Rodgers for implementation of the Tenth Circuit's mandate.After a 1994 plan was approved and a bond issue passed, additional elementary magnet schools were opened and district attendance plans redrawn which resulted in the Topeka schools meeting court standards of racial balance by 1998. Unified status was eventually granted to Topeka Unified School District #501 on July 27, 1999. One of the new magnet schools is named after the Scott family attorneys for their role in the Brown case and civil rights.[24] Related cases
Common misconceptions
Footnotes1. ^ Full text of the decision courtesy of Findlaw.com 2. ^ “Toward a World without Evil: Alfred Métraux as UNESCO Anthropologist (1946-1962)”, by Harald E.L. Prins, UNESCO (English) 3. ^ Anderson, Legacy of Brown: Many people part of local case, Thirteen parents representing 20 children signed up as Topeka plaintiffs, The Topeka Capital-Journal (Sunday, May 9, 2004). 4. ^ Black, White, and Brown, PBS NewsHour (2004-05-12). 5. ^ Black/White & Brown, transcript of program produced by KTWU Channel 11 in Topeka, Kansas. Originally aired May 3, 2004. 6. ^ Brown Foundation for Educational Equity, Excellence and Research, Myths Versus Truths (revised April 11, 2004) 7. ^ Ric Anderson, Legacy of Brown: Many people part of local case, Thirteen parents representing 20 children signed up as Topeka plaintiffs, The Topeka Capital-Journal (Sunday, May 9, 2004). 8. ^ School facilities for Negroes here held comparable, The Topeka State Journal (August 3, 1951) 9. ^ Brown v. Board of Education, 98 F. Supp. 797 (August 3, 1951). 10. ^ Racial bar down for teachers here, Topeka Daily Capital (January 19, 1956) 11. ^ First step taken to end segregation, Topeka Daily Capital (September 9, 1953) 12. ^ Little Effect On Topeka Topeka Capital-Journal (May 18, 1954) 13. ^ Erin Adamson, Breaking barriers: Topekans reflect on role in desegregating nation's schools, Topeka Capital Journal (May 11, 2003) 14. ^ Full text of decision courtesy of Findlaw.com 15. ^ The American Experience; George Wallace: Settin' the Woods on Fire; Wallace Quotes, Public Broadcasting System, pbs.org, 2000, accessed February 6, 2007 16. ^ William Rehnquist, "A Random Thought on the Segregation Cases", S. Hrg. 99-1067, Hearings Before the Senate Committee on the Judiciary on the Nomination of Justice William Hubbs Rehnquist to be Chief Justice of the United States (July 29, 30, 31, and August 1, 1986). 17. ^ Peter S. Canellos,Memos may not hold Roberts's opinions, The Boston Globe, August 23, 2005. Here is what Rehnquist said in 1986 about his conversations with other clerks about Plessy: I thought Plessy had been wrongly decided at the time, that it was not a good interpretation of the equal protection clause to say that when you segregate people by race, there is no denial of equal protection. But Plessy had been on the books for 60 years; Congress had never acted, and the same Congress that had promulgated the 14th Amendment had required segregation in the District schools.... I saw factors on both sides....I did not agree then, and I certainly do not agree now, with the statement that Plessy against Ferguson is right and should be reaffirmed. I had ideas on both sides, and I do not think I ever really finally settled in my own mind on that.... [A]round the lunch table I am sure I defended it....I thought there were good arguments to be made in support of it.S. Hrg. 99-1067, Hearings Before the Senate Committee on the Judiciary on the Nomination of Justice William Hubbs Rehnquist to be Chief Justice of the United States (July 29, 30, 31, and August 1, 1986). 18. ^ Justice William O. Douglas wrote: “In the original conference there were only four who voted that segregation in the public schools was unconstitutional. Those four were Black, Burton, Minton, and myself.” See Bernard Schwartz, Decision: How the Supreme Court Decides Cases, page 96 (Oxford 1996). Likewise, Justice Felix Frankfurter wrote: “I have no doubt that if the segregation cases had reached decision last term, there would have been four dissenters – Vinson, Reed, Jackson, and Clark.” Id. Justice Jackson’s longtime legal secretary had a different view, calling Rehnquist’s Senate testimony an attempt to "smear the reputation of a great justice." See Alan Dershowitz, Telling the Truth About Chief Justice Rehnquist, Huffington Post, September 5, 2005, accessed March 15, 2007. 19. ^ Adam Liptak, The Memo That Rehnquist Wrote and Had to Disown, NY Times (September 11, 2005) 20. ^ Cases where Justice Rehnquist has cited Brown v. Board of Education in support of a proposition, S. Hrg. 99-1067, Hearings Before the Senate Committee on the Judiciary on the Nomination of Justice William Hubbs Rehnquist to be Chief Justice of the United States (July 29, 30, 31, and August 1, 1986). Also see Jeffery Rosen, Rehnquist the Great?, Atlantic Monthly (April 2005): "Rehnquist ultimately embraced the Warren Court's Brown decision, and after he joined the Court he made no attempt to dismantle the civil-rights revolution, as political opponents feared he would". 21. ^ Missouri v. Jenkins, 515 U.S. 70 (1995) (Thomas, J., concurring). 22. ^ What 'Brown v. Board of Education' Should Have Said, Jack Balkin ed., page 97 (2001, New York University Press) 23. ^ Remarks by the President at Grand Opening of the Brown v Board of Education National Historic Site, Topeka, Kansas (May 17, 2004) 24. ^ [https://www2.topeka.k12.ks.us/scott/history.htm Topeka Public Schools Desegregation History: "The Naming of Scott Computer Technology Magnet"] 25. ^ Background Summary at brownvboard.org. Accessed 18 March 2007. 26. ^ What Was Brown v. Board of Education?, an exhibition at the Library of Virginia. Accessed 27 August 2006. 27. ^ Opinions at brownvboard.org. Accessed 27 August 2006. Bibliography
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Editing of this page by unregistered or newly registered users is currently disabled due to vandalism. If you are prevented from editing this page, and you wish to make a change, please discuss changes on the talk page, request unprotection, log in, or . ..... Click the link for more information. The United States District Court for the District of Kansas is the Federal district court whose jurisdiction is the state of Kansas. The court's headquarters are in Wichita, with courthouses in Kansas City and Topeka. ..... Click the link for more information. The term public school has three distinct meanings:
..... Click the link for more information. Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws. ..... Click the link for more information. United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII ..... Click the link for more information. Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ..... Click the link for more information. Hugo LaFayette Black (February 27, 1886–September 25, 1971) was an American politician and jurist. A member of the Democratic Party, Black represented the state of Alabama in the United States Senate from 1926 to 1937, and served as an Associate Justice of the Supreme Court ..... Click the link for more information. Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an Associate Justice of the Supreme Court from 1938 to 1957. Reed was born in Mason County, Kentucky, to John Reed, a wealthy physician, and Frances Forman. He received B.A. ..... Click the link for more information. Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. Early lifeFrankfurter was born in Vienna, Austria...... Click the link for more information. William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. With a term lasting thirty-six years and seven months, he remains the longest-serving justice in the history of the Court. ..... Click the link for more information. Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). He was also the chief United States prosecutor at the Nuremberg Trials. ..... Click the link for more information. In office 1941–1945 Preceded by Succeeded by Born May 22 1888 Jamaica Plain, Massachusetts Died September 28 1964 (aged 76) Washington, D.C. ..... Click the link for more information. Tom Campbell Clark (September 23, 1899 – June 13, 1977) was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States (1949-1967). Clark was born in Dallas, Texas, to Virginia Maxey Falls and William Henry Clark. ..... Click the link for more information. Sherman Minton, (October 20, 1890–April 9, 1965) was a Democratic United States Senator from Indiana and an associate Justice of the Supreme Court of the United States. ..... Click the link for more information. United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII ..... Click the link for more information. Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported. ..... Click the link for more information. 19th century - 20th century - 21st century 1920s 1930s 1940s - 1950s - 1960s 1970s 1980s 1951 1952 1953 - 1954 - 1955 1956 1957 Year 1954 (MCMLIV ..... Click the link for more information. A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. ..... Click the link for more information. Editing of this page by unregistered or newly registered users is currently disabled due to vandalism. If you are prevented from editing this page, and you wish to make a change, please discuss changes on the talk page, request unprotection, log in, or . ..... Click the link for more information. Plessy v. Ferguson Supreme Court of the United States Argued April 30, 1896 Decided May 18, 1896 Full case name: Homer A. Plessy v. Ferguson Citations: 163 U.S. 537 ; 16 S. Ct. 1138; 41 L. Ed. 256; 1896 U.S. ..... Click the link for more information. 18th century - 19th century - 20th century 1860s 1870s 1880s - 1890s - 1900s 1910s 1920s 1893 1894 1895 - 1896 - 1897 1898 1899 : Subjects: Archaeology - Architecture - ..... Click the link for more information. The term public school has three distinct meanings:
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Months and days of the year January 0 ..... Click the link for more information. 19th century - 20th century - 21st century 1920s 1930s 1940s - 1950s - 1960s 1970s 1980s 1951 1952 1953 - 1954 - 1955 1956 1957 Year 1954 (MCMLIV ..... Click the link for more information. Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ..... Click the link for more information. De jure (in Classical Latin de iure) is an expression that means "based on law", as contrasted with de facto, which means "in fact". De jure should not be confused with the French du jour ..... Click the link for more information. Discrimination Major forms Racism Sexism Homophobia Ageism Antisemitism Islamophobia Ableism Manifestations Slavery · Racial profiling Hate speech · Hate crime Genocide · Ethnocide · Holocaust ..... Click the link for more information. Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws. ..... Click the link for more information. United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII ..... Click the link for more information. Integration is a process of combining or accumulating. It may also refer to:
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His feast day would be set for May 17, the anniversary of the landmark 1954 school desegregation ruling Brown v. A draft complaint that she prepared would later become Brown v. The legal grounds for challenging the South's system of Jim Crow laws and segregation had been laid the year before Parks took her stand, when the United States Supreme Court ruled in Brown v. |
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