This Date in History: Brown v. Board of Education Is Decided

By Heather Cox Richardson

This weekend there are two major anniversaries for the history of civil rights in the United States. Seventy-one years ago today, on May 17, 1954, the Supreme Court decided Brown v. Board of Education of Topeka, Kansas. That landmark decision declared racial segregation in public schools unconstitutional. It overturned the Supreme Court’s Plessy v. Ferguson decision handed down 129 years ago tomorrow. On that day, May 18, 1896, the Supreme Court declared that the Fourteenth Amendment allowed segregation within states so long as accommodations were “equal.”

The journey from Plessy to Brown was the story of ordinary people creating change with the tools they had at hand.

Recently, scholars have shown how, after the Plessy decision, Black Americans in the South used state civil law to advance their civil rights. Insisting on their rights in the South’s complicated system of credits and debts, they hammered out a legal identity. Denied justice under criminal law, they sued companies, primarily railroad companies, for denying them equal protection against harassment. And, according to historian Myisha S. Eatmon, they often won these civil suits, even at the hands of all-white juries.

It was on these grounds that Black lawyers won discrimination suits over public schools early in the twentieth century. They relied on the 1896 Plessy v. Ferguson decision that allowed “separate” accommodations for Black and white Americans so long as they were “equal.” They would point out how much poorer the conditions in Black schools were than those in white schools, proving those conditions violated the “separate but equal” requirement in the decision condoning racial segregation.

Legal challenges to segregation were only one tool in the workshop of those trying to dismantle the system.

Head over to the original post, which is part of Richardson’s history newsletter.

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