Lesson 6: Equal Protection: Race

 Which remedies are most effective in combating discrimination and in compensating minorities for acts of past discrimination?

With the beginning of the Brown era and the desegregation of public education, came efforts to end most forms of legal discrimination. Legislation was rapidly enacted to eliminate discrimination in all areas of life. Most notably, Congress passed the Civil Rights Act of 1964. As a result of this law, it became unlawful to discriminate on the basis of race, color or national origin in voting, public education, public accommodations, public facilities, federally assisted programs, and places of employment. Although this legislation would have a sweeping impact, it could not by itself end all forms of discrimination. Discrimination had become too complex to be eradicated by an act of Congress alone. Racial minorities had been disadvantaged for so long that lack of education and employment were now part of the culture, a culture of poverty.

As the decades passed, minorities gained enough power to demand more and better remedies to lift them out of the culture of poverty and into mainstream American life, or at least a society with greater opportunity. Numerous remedial efforts were implemented especially in education and employment. Affirmative action, student busing, and direct action - ideas that had never been attempted in previous generations, were soon becoming important tools in the fight against discrimination.

Each of these remedies engenders its share of controversy, however. Advocates of affirmative action believe that quotas are necessary to increase access and participation by minorities in all aspects of education and employment. Opponents of affirmative action argue that it leads to reverse discrimination allowing minorities to receive preferential treatment at the disadvantage of qualified white applicants. Still others portray affirmative action as stigmatizing because minorities are perceived as less qualified than whites and unable to rise above their present status without preferential treatment.

Other residual measures have been the subject of equally compelling arguments from both sides. Court-ordered busing may achieve racial balance for awhile, but opponents point out that in the long run, little can be done to prevent re-segregation of public schools through traditional housing patterns. And Dr. King's notion of direct action in whatever form has on many occasions actually planted the seeds of violence. No one remedy has been completely successful in its mission to end discrimination and guarantee equal opportunity.

 Nor can one remedy eliminate the invidious nature of personal prejudice. Still, there have been many gains as a result of remedial efforts and their importance in the struggle for equality should not be diminished.

In this lesson, the class will examine four of these remedies from selected readings in an activity known as jigsawing. Students will be able to evaluate the effectiveness of each remedy in combating discrimination, while at the same time improving their abilities to read, listen, and communicate.

 After engaging in a group activity described as jigsawing, involving readings about four remedies for discrimination, students will be able to:

• Explain the purpose and meaning of affirmative action, the Civil Rights Act of 1964, busing, and direct action.
• Discuss the strengths and weaknesses of affirmative action, the Civil Rights Act of 1964, busing and direct action as remedies for discrimination.
• Explain which remedies have been most effective in helping minorities achieve equality.

 Handout 6A "Three Views of Affirmative Action"

Handout 6B "The Civil Rights Act of 1964"

Handout 6C "The Public Reacts to Busing"

Handout 6D "Dr. King and Direct Action"

Handout 6E "Student Observer Form"

1-2 class periods

Divide the class into groups of five students each. Distribute Handout 6.A "Three Views of Affirmative Action," Handout 6.B "The Civil Rights Act of 1964," Handout 6.C "The Public Reacts to Busing," Handout 6.D "Dr. King and Direct Action," and Handout 6.E "Student Observer Form." Each student in the group will receive one of the four Handouts. The remaining student will act as the observer and will complete an observer sheet. Each student will be given 10-15 minutes to study his/her assigned Handout and to prepare a summary and explanation for the group. The groups will reconvene and each student will explain one of the four remedies to the remainder of the group. The groups will discuss the four remedies. One member of the group will serve as the recorder and each group will collectively write a magazine article entitled "Remedies for Unequal Treatment. The article must include information about the four remedies studied and the strengths and weaknesses of each remedy. The conclusion of the article will express the view of the group about what remedies are most effective to help minorities achieve equality in the United States.

When the magazine articles are completed students will meet as a class and explain their answers to the following questions:

• How did you feel about your assigned role in the group?
• Did you agree with the conclusions of your group? Did you disagree with anything? Explain
• Do you feel the magazine article reflected your contribution to the group? Why? Why not?
• Which remedy do you believe has been the most effective in eliminating discrimination? Why?
• Which remedy do you believe has been the most effective in compensating minorities for past discrimination? Why?
• What are the strengths of each of the remedies discussed by the group? What are the weaknesses?
• Should any of the remedies you discussed no longer be used? Why?
• What other remedies has society used to protect minorities? Explain.
• Can you think of any remedies that might be effective which have not been mentioned? Explain.
• Can all forms of discrimination be eliminated through remedial efforts? Why? Why not?
• Do you believe minorities should be compensated for past discrimination? Why? Why not?
• Would you be willing to make sacrifices to provide minorities with remedies for discrimination? Explain.
• Why do you think the Supreme Court has been less willing to implement remedies in recent years? Explain.

 The report prepared by the group assesses how well students understood the readings and were able to explain them to the group.

Based on multiple intelligence theory.

Linguistic: Students should select one of the readings about remedies that were presented in the lesson. Each student should then prepare a split column format. In one column, list the key facts and ideas conveyed in the reading. In the other column, students should note their feelings about the reading and any questions they have. After completing this task, students should write a report about the remedy they studied incorporating all of the key facts, ideas, feelings and questions from the journal.

Students should prepare a forced field analysis using one of the remedies presented. Again, students should create two columns. In one column, students should brainstorm and list the key forces that contribute to the remedy's effectiveness and in the other column students should brainstorm and list the key forces which prevent the remedy's effectiveness. Students should then select the primary force supporting the remedy and the primary force opposing the remedy. Finally students should brainstorm methods to help the primary force supporting the remedy and brainstorm methods to remove the primary force opposing the remedy.

Logical/Mathematical: Students should research and analyze statistical data from major cities about the success of busing and similar desegregation plans.

Kinesthetic: Students should simulate a school board meeting in which they devise a desegregation plan for a school district that is 55% minority and 45% white. The desegregation plan can involve city to suburb busing. Some of the issues that should be addressed by the school board include how to prevent re-segregation resulting from white flight, how to avoid violence and how to improve educational quality.

Intrapersonal: Students should express their feelings about the following situations; While participating in a non-violent march for equal rights onlookers cursed at them; They were unable to be admitted to the college of their choice even though a friend with a poorer high school record was accepted because the friend was from a particular ethnic or racial group and the college has an affirmative action program; They are a member of a racial minority and have had very little opportunity to receive a quality education even though they are willing to work hard; They are rejected by the college of their choice despite the fact that the college routinely admits white students with similar qualifications; They are bused to a school far from their home to achieve racial balance.

Three Views of Affirmative Action

Affirmative action encourages the increased representation of minority groups through programs that provide for the specialized treatment of minorities during the selection process. Using goals and timetables, often defined as quotas, the objective of the various types of affirmative action programs is to ensure that a certain number of minorities will be chosen by a target date. Below are different viewpoints of affirmative action from several distinguished commentators.

I consider the goals and timetables of affirmative action plans to be at best, a relatively weak and limited weapon. Merely hiring a certain number of blacks shifts the cost of the remedy to the actual victims of past discrimination, who never receive the back pay and jobs to which they are entitled.

Goals and timetables are easy on employers who want to avoid back pay liability and easy on interest groups that are more concerned with group interests than with the rights of particular individuals. Unfortunately, they are tough on actual victims of discrimination who are never identified or compensated.

Justice Clarence Thomas, Supreme Court of US (1987) Adapted and Edited

Naturally, we at the NAACP promote the concept of self-help. In America, we see the benefits of the self-help concept and affirmative action efforts. We have thousands of black professionals. More importantly, we have millions of everyday working people whose jobs are indirectly and directly linked to affirmative action and self-help.

We shall at the NAACP always promote self-help, but we shall never waver in our push to insist that government play its role and do its part through affirmative action. For how long? For as long as necessary.

Benjamin L. Hooks, Former Executive Director NAACP (1990) Adapted and Edited

My white classmates, many with grades not as good as mine and reeling from rejections by the schools that were admitting me, were far more direct. As one said, "Now, you know if you hadn’t been Mexican..."

Those who attack affirmative action believe it does "too much" to address racial inequity. I continue to believe that it does not do enough. It is indeed immoral, for us as a nation dedicated to the principle of genuine equality to worry about the crisis in Hispanic education and, at the same time, to explain the rejection of our white sons and daughters by attacking Latino students who somehow miraculously succeed in the face of desperate odds. Webster himself could provide no better definition of the word qualified.

Ruben Navarrette Jr. Author and Harvard Graduate (1991) Adapted and Edited

The Civil Rights Act of 1964

No person acting under color of law shall in determining whether any individual is qualified to vote, apply any standards, practices or procedures different from the standards, practices or procedures applied to any other individual.

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation without discrimination on the ground of race, color, religion, or national origin.

No person shall be denied equal utilization of any public facility that is owned, operated, or managed by the state on account of his race, color, religion, or national origin.

All persons shall be assigned to public schools and within such schools without regard to their race, color, religion, or natural origin.

The commission shall investigate allegations that citizens are being deprived of their equal protection of the laws because of race, color, religion, or national origin and in the administration of justice.

No person shall, on the ground of race, color, or national origin, be excluded from participation in or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

It shall be an unlawful employment practice for an employer, employment agency, or labor organization to fail or refuse to hire, discharge, limit, segregate, or classify, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin.

The Secretary of Commerce shall compile registration and voting statistics to include a count of persons registered to vote and voting, by race, color and national origin.

Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws on account of race, color, religion, or national origin, the United States may intervene in such action if the case is of general importance.

There is hereby established a community relations service to help in resolving disputes related to discrimination based on race, color, or national origin.

Busing is one remedy for ending segregation in public education. It involves transporting large numbers of students to another school district or school to achieve racial balance. There were many and varied reactions to the busing controversy in the early seventies. Below are portions of articles about the public response to busing which appeared in newspapers throughout the nation.

-adapted and edited

Students injured in Pontiac protests. In Pontiac, MI, eight white students and one black youth were injured Sept. 8 in fights during protests against a busing plan.

The protests in Pontiac over busing were among the most violent in the US. Protesters carrying American flags marched in front of the school bus depot Sept. 8 daring bus drivers to run them down.

Klansmen charged in Pontiac bombing. Agents of the FBI arrested six members of the Ku Klux Klan Sept. 9 in connection with the bombing of 10 school busses in Pontiac, MI.

Busing resistance in West. In San Francisco, Chinese Americans indicated that they intended to resist a court ordered busing plan that was to begin when the city’s schools reopened.

Leaders of San Francisco’s Chinese-American community said the busing plan would undermine the cultural integrity of Chinatown’s neighborhood education.

Busing sparks Trenton violence. Trenton, NJ public schools were shut down for two days due to racial disorders stemming from the city school board’s decision to begin a student busing plan.

Charlotte-Mecklenburg schools open. There was little resistance Sept. 9 as the Charlotte-Mecklenburg NC school system, one of the largest in the south, began to reopen its schools under a court ordered desegregation plan. Although students in only four grades reported back to school, most of them were quietly brought in by a busing plan that had stirred up much community opposition in Charlotte.

Minimum of disruption in the South. In Little Rock, AK, the schools reopened with new busing and pairing plans that produced a consistent 2 - 1 white-black ratio throughout Little Rock’s 24,000 pupil system. There was no public opposition in the city where federal troops once protected black school children from angry whites.

More than 110,000 children returned to integrated classrooms in Birmingham, AL, and in adjacent Jefferson County Aug. 30 without incident. A school spokesman said of the schools' reopening: "We had a little confusion not much more than on any first day."

Downstate in Mobile, more than 6,000 school children were bused out of their neighborhoods. Despite a suggestion by Gov. George C. Wallace that the city defy the court-ordered busing plan, the new busing arrangement worked smoothly and did not result in much opposition.

Direct Action: Used to morally force the opponent to work with you in resolving the injustices, direct action imposes a "creative tension" into the conflict. There are over 250 different direct action tactics including boycotts, marches, rallies, rent strikes, work slowdowns, letter-writing and petition campaigns, as well as various acts of civil disobedience. These are enhanced when they also illustrate or document the injustice.

To accept passively an unjust system is to cooperate with that system ... Noncooperation with evil is as much an obligation as is cooperation with good...

A second important way that oppressed people sometimes deal with oppression is to resort to physical violence and corroding hatred. Violence often brings about momentary results ... But ... It solves no social problem: it merely creates new and more complicated ones ... If the American Negro and other victims of oppression succumb to the temptation of using violence in the struggle for freedom, future generations will be the recipients of a desolate night of bitterness, and our chief legacy to them will be an endless reign of chaos ...

The third way open to oppressed people ... is the way of nonviolent resistance ... With nonviolent resistance, no individual or group need submit to any wrong, nor need anyone resort to violence in order to right a wrong ...

The nonviolent registers can summarize their message in the following simple: We will take direct action against injustice without waiting for other agencies to act. We will not obey unjust laws or submit to unjust practices. We will do this peacefully, openly, cheerfully because our aim is to persuade.

The way of nonviolence means a willingness to suffer and sacrifice .It may mean going to jail ... It may even mean physical death ...

What is the Negro's best defense against acts of violence inflicted upon him? Dr. Kenneth Clark has said so eloquently "His only defense is to meet every act of barbarity, illegality cruelty and injustice toward an individual Negro with the fact that 100 more Negroes will present themselves in his place as potential victims." ...

Explain your answer in the space provided

Did the group accomplish the assigned tasks?

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Did any group member play an informal role such as a blocker, supporter, compromiser or dominator?

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Did the group members demonstrate the skill of summarizing?

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

What is your overall description of how the group functioned?

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________