Brown v. Board of Education is one of the most important cases ever decided by the Supreme Court. It has had a profound effect upon race relations in America. For nearly one hundred years preceding Brown, the doctrine of "separate but equal" as announced by the Supreme Court in Plessy v. Ferguson, contributed to the development of two very different public school systems, one for white children and the other for black. Only in theory could separate school systems result in the kind of segregation envisioned by Plessy. In practice, the schools were anything "but equal." And there is little dispute that black children have shouldered the burden of inequality.

Although Brown had reached the Supreme Court by 1954, the real impact was not felt for several years. Most school systems were slow to embrace the philosophy of desegregation. Even today, many schools have failed to accomplish an end to segregation based on race. There are numerous reasons for this failure. For one thing, it is difficult if not impossible to legislate school desegregation. Scholars and pundits recognize that two types of segregation have occurred in public education. De jure segregation results from officially maintained or intentional segregation, such as where a law is enacted to purposefully keep schools segregated along racial lines. The statutory language at issue in Brown calling for separate facilities for blacks and whites, is a clear example of de jure segregation. More subtle instances can be found in zoning ordinances or the drawing of district lines. By virtue of Brown and its progeny, all laws that cause or result in segregation were declared invalid.

The judicial remedies available after Brown have never had the far-reaching impact that was originally hoped for. De jure segregation remains the only kind of segregation for which legal redress can be sought. There are other less overt forms of segregation that no branch of government has the power to correct. Segregation caused by residential housing patterns and more recently, the shift from public to private education, is never susceptible to government interference. De facto segregation, the kind of segregation which results from the decisions of private citizens about how and where they want to live their lives, is immune from government intrusion. Any other finding would constitute a moral victory for some, but bring government perilously close to abridging basic constitutional rights of others. Not surprisingly, as de jure segregation has disappeared from the American landscape, de facto segregation has taken its place.

This lesson explains Brown v. Board of Education, using the Project Legal method of analysis. Students engage in tasks that replicate several aspects of the case study method used in law school. Students will be introduced to new concepts involved in the study of legal precedent and gain a better understanding of judicial decision-making.

Discuss whether the segregation of public schools deprives students of the equal protection of the laws. Explain the arguments supporting and opposing segregation in public schools. Demonstrate an understanding of the Project Legal method of analyzing legal decisions.

• Handout 5A "Name the Cartoon"
• Handout 5B "Brown v. Board of Education: A Case-Study Analysis Parts 1 & 2"
• Handout 5C "The Brown Case Goes to the Supreme Court"
• Plessy v. Ferguson (1896)
• Brown v. Board of Education (1954)
• Brown v. Board of Education: The Interactive Experience

Evaluation

Play the spiritual "We Shall Overcome" and discuss how the song is related to the Brown decision. Select and play other music that you feel indicates the mood of the various groups affected by the Brown decision.

Conclusion

On May 17, 1954, Chief Justice Earl Warren read the decision of the unanimous Court:

"We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does...We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
The Supreme Court struck down the "separate but equal" doctrine of Plessy for public education, ruled in favor of the plaintiffs, and required the desegregation of schools across America.

The Supreme Court's Brown v. Board of Education decision did not abolish segregation in other public areas, such as restaurants and restrooms, nor did it require desegregation of public schools by a specific time. It did, however, declare the permissive or mandatory segregation that existed in 21 states unconstitutional. It was a giant step towards complete desegregation of public schools. Even partial desegregation of these schools, however, was still very far away, as would soon become apparent.