WEBVTT 00:10.900 --> 00:16.470 I want to start with, I guess for lack of a better 00:16.467 --> 00:23.967 word, two vignettes.  One, and it really is lack of a 00:23.967 --> 00:29.867 better word, vignette is actually a series of, 00:29.867 --> 00:32.667 of statistics.  You don't need to keep them from your 00:32.667 --> 00:34.367 notes, but I want you to understand them from an 00:34.367 --> 00:37.797 impressionistic point of view.  These--this is a 00:37.800 --> 00:43.400 tallying of the state of segregation in 1951.  It's a 00:43.400 --> 00:51.000 random point in time in the South.  In May of 1951, 00:51.000 --> 00:53.370 the state of Texas did not allow interracial boxing 00:53.367 --> 00:57.897 matches.  Florida did not allow white and black 00:57.900 --> 01:01.900 students to use the same editions of textbooks. 01:01.900 --> 01:05.300 In Alabama, a white woman was not allowed to take care 01:05.300 --> 01:10.900 of a black male patient.  North Carolina required 01:10.900 --> 01:14.770 separate washrooms in its factories.  South Carolina 01:14.767 --> 01:18.267 required them in its cotton mills.  Four other states 01:18.267 --> 01:21.297 required them in their mines. 01:21.300 --> 01:22.470 In six states--and there's a, 01:22.467 --> 01:25.497 I'm going to be reading a list in numbers of states.  01:25.500 --> 01:27.200 They're overlapping in different combinations, 01:27.200 --> 01:29.100 I'm quite sure--in six states, 01:29.100 --> 01:30.970 white and black prisoners could not be chained 01:30.967 --> 01:34.567 together.  In seven states, parks, 01:34.567 --> 01:37.297 playgrounds, bathing and fishing and boating 01:37.300 --> 01:39.500 facilities, amusement parks, race tracks, 01:39.500 --> 01:42.400 pool halls, circuses, theaters and public halls 01:42.400 --> 01:46.870 were all segregated.  Ten states required separate 01:46.867 --> 01:50.797 waiting rooms for bus and train travelers.  Fourteen 01:50.800 --> 01:53.070 states required black passengers to ride in the 01:53.067 --> 01:57.097 back of buses and streetcars.  Some other 01:57.100 --> 01:59.900 combination of fourteen states segregated railroad 01:59.900 --> 02:03.700 passengers on trips within their borders.  Some other 02:03.700 --> 02:05.400 combination of fourteen states required 02:05.400 --> 02:09.670 mental--segregated mental patients.  Some seventeen 02:09.667 --> 02:12.697 states required segregation of public schools.  Four 02:12.700 --> 02:14.570 other states permitted the practice if local 02:14.567 --> 02:16.597 communities wished it.  And in, 02:16.600 --> 02:18.700 and in Washington, D.C., the custom had prevailed for 02:18.700 --> 02:22.270 nearly ninety years.  In eleven, 02:22.267 --> 02:24.197 in eleven states--and this one I find is actually 02:24.200 --> 02:31.170 breathtaking for the absurdity of all of this, 02:31.167 --> 02:34.297 or maybe even the passion for all of this--in eleven 02:34.300 --> 02:37.470 states, eleven states operated separate schools 02:37.467 --> 02:41.097 for the blind.  So even if you could not see each 02:41.100 --> 02:45.900 other, you could not be in the same space if you were 02:45.900 --> 02:50.570 white and if you were black.  It's a thoroughgoing 02:50.567 --> 02:53.697 segregation across many different lines, 02:53.700 --> 02:57.400 many different vectors, of how you operate as a citizen 02:57.400 --> 03:01.600 in the world.  Now that's 1950, 03:01.600 --> 03:02.600 '51. 03:02.600 --> 03:07.200 I want to read to you an excerpt from the memoir 03:07.200 --> 03:10.600 Warriors Don't Cry by Melba Beals, 03:10.600 --> 03:12.500 who was one of the, who would become one of the, 03:12.500 --> 03:15.400 would become one of the Little Rock Nine, 03:15.400 --> 03:18.200 who'd deseg--desegregate Central High School.  We'll 03:18.200 --> 03:20.300 be talking--I'll talk a little bit about Central 03:20.300 --> 03:23.700 High School in Monday's lecture.  We're actually 03:23.700 --> 03:26.100 chronologically not getting up to that point in today's 03:26.100 --> 03:30.800 lecture.  But I want to read to you an excerpt from 03:30.800 --> 03:35.970 1954--of events that happened in 1954--to help 03:35.967 --> 03:40.997 underscore, undergird the extent to which the kind of 03:41.000 --> 03:44.570 higher level organizing and political work and legal 03:44.567 --> 03:46.897 affairs that will be the bulk of today's lecture, 03:46.900 --> 03:49.900 to underscore the way in which these things really 03:49.900 --> 03:53.600 made themselves manifest on the ground.  So Melba Beals 03:53.600 --> 03:54.970 writes very early in her book, 03:54.967 --> 03:56.897 reflecting back to when she was, 03:56.900 --> 03:59.800 I believe, twelve years old.  She's walking back 03:59.800 --> 04:02.800 home from school on the day that Brown v., 04:02.800 --> 04:05.300 Brown v., Brown versusthe Board of Education decision 04:05.300 --> 04:08.600 had been announced.  And teachers all--the teachers 04:08.600 --> 04:10.300 told their students, black teachers, 04:10.300 --> 04:11.970 black students, "Go straight home. 04:11.967 --> 04:14.097 Don't take any shortcuts.  Just go straight home." 04:16.267 --> 04:17.767 "As I entered the persimmon field, 04:17.767 --> 04:19.867 I sank deep into my thoughts, 04:19.867 --> 04:21.897 but a few steps past the big tree at the front of the 04:21.900 --> 04:24.900 path, I heard a rustling sound.  I stood perfectly 04:24.900 --> 04:26.370 still, looking all around. 04:26.367 --> 04:27.897 I didn't see a soul. 04:27.900 --> 04:29.900 Suddenly, as I came near to the end of the field, 04:29.900 --> 04:32.200 a man's gravel voice snatched me from the secret 04:32.200 --> 04:34.000 place in my head. 04:34.000 --> 04:36.800 'You want a ride, girl?' He didn't sound at all like 04:36.800 --> 04:39.800 anybody I knew.  There it was again, 04:39.800 --> 04:42.270 that stranger's voice calling out to me.  'Want a 04:42.267 --> 04:45.697 ride?' 'Who is it?' I asked, barely able to squeeze the 04:45.700 --> 04:48.100 words out.  'I got candy in the car, 04:48.100 --> 04:50.600 lots of candy.' I crept forward, 04:50.600 --> 04:52.700 and then I saw him--a big white man, 04:52.700 --> 04:54.800 even taller than my father, broad and huge, 04:54.800 --> 04:55.900 like a wrestler. 04:55.900 --> 04:57.200 He was coming toward me fast. 04:57.200 --> 04:59.100 I turned on my heels and fled in the opposite 04:59.100 --> 05:01.800 direction, back the way I had come. 05:01.800 --> 05:03.300 'You'd better come on and take a ride home, 05:03.300 --> 05:05.900 you hear me girl?' 'No sir!' I yelled, 05:05.900 --> 05:08.770 'No, thank you,' but he kept coming. 05:08.767 --> 05:10.697 My heart was racing almost as fast as my feet. 05:10.700 --> 05:12.570 I couldn't hear anything except for the sound of my 05:12.567 --> 05:14.797 saddle shoes pounding the ground and the thud of his 05:14.800 --> 05:16.400 feet close behind me. 05:16.400 --> 05:18.570 That's when he started talking about 'niggers' 05:18.567 --> 05:20.697 wanting to go to school with his children and how he 05:20.700 --> 05:22.570 wasn't going to stand for it. 05:22.567 --> 05:25.297 My cries for help drowned out the sound of his words, 05:25.300 --> 05:27.100 but he laughed and said it was no use because nobody 05:27.100 --> 05:31.000 would hear me.  I was running as fast as I could.  05:31.000 --> 05:32.900 The lace on my shoe came untied and my feet got 05:32.900 --> 05:34.800 tangled.  As I hit the ground, 05:34.800 --> 05:37.200 I bit down hard on my tongue.  I felt his strong 05:37.200 --> 05:38.200 hands clutch my back. 05:38.200 --> 05:41.000 I bolted up, struggling to get away.  He pulled me down 05:41.000 --> 05:44.400 and turned me on my back.  I looked up into his face, 05:44.400 --> 05:46.370 looming close above me like the monster on a movie 05:46.367 --> 05:49.967 screen.  I struggled against him but he was too strong.  05:49.967 --> 05:51.997 He slapped me hard across the face.  I covered my eyes 05:52.000 --> 05:54.500 with my hands and waited for him to strike me again. 05:54.500 --> 05:57.070 Instead, I felt him squirm against me, 05:57.067 --> 05:59.597 and then I saw him taking his pants down. 05:59.600 --> 06:02.500 In my house, private parts were always kept private.  I 06:02.500 --> 06:03.900 couldn't figure out what he was doing, 06:03.900 --> 06:06.500 but I knew it had to be bad.  I scratched and kicked 06:06.500 --> 06:08.500 and thrashed against him with every ounce of strength 06:08.500 --> 06:11.200 I could muster.  His huge fists smashed hard against 06:11.200 --> 06:12.200 my face. 06:12.200 --> 06:14.300 I struggled to push him back and to keep the dark curtain 06:14.300 --> 06:17.100 of unconsciousness from descending over me. 06:17.100 --> 06:19.570 'I'll show you niggers the Supreme Court can't run my 06:19.567 --> 06:21.667 life,' he said, as he--as his hand ripped at my 06:21.667 --> 06:24.897 underpants.  A voice inside my head told me I was going 06:24.900 --> 06:27.400 to die, but there was nothing I could do about 06:27.400 --> 06:29.900 it.  White men were in charge." 06:32.367 --> 06:34.897 Someone comes to her rescue within about four or five 06:34.900 --> 06:37.270 seconds of this moment, before she's actually raped. 06:39.300 --> 06:41.500 One of her classmates she didn't really know that well 06:41.500 --> 06:45.000 knocks the guy over the head with a brick and she's able 06:45.000 --> 06:48.000 to escape to safety.  Thus begins her journey towards 06:48.000 --> 06:51.200 becoming one of the Little Rock Nine.  These are the 06:51.200 --> 06:56.870 memories of a twelve year old.  Now I want to set that 06:56.867 --> 07:01.067 stage about systemic segregation and the ways in 07:01.067 --> 07:05.467 which people were, I mean from my personal 07:05.467 --> 07:09.997 perspective, were driven mad by the Supreme--Supreme 07:10.000 --> 07:16.100 Court decision of '54.  To sort of underscore, 07:16.100 --> 07:21.800 for lack of a better phrase, the intensity of the moment, 07:21.800 --> 07:26.570 a period of profound ambiguity in this country 07:26.567 --> 07:30.097 and a period of profound change for blacks as well as 07:30.100 --> 07:33.370 whites, conservatives as well as liberals.  And over 07:33.367 --> 07:36.997 the course of today's lecture and really Monday's 07:37.000 --> 07:41.300 lecture, we're going to start canvassing the ways in 07:41.300 --> 07:42.600 which--[student sneezes] Bless You--the ways in which 07:42.600 --> 07:46.500 this period of, of incredible instability in 07:46.500 --> 07:51.300 the United States was made, was felt on many different 07:51.300 --> 07:57.300 levels, in different ways.  So much of today's lecture 07:59.500 --> 08:03.700 is context, for much of the, for going across the 1940s 08:03.700 --> 08:04.700 up to Brown v. 08:04.700 --> 08:08.700 Board.  Now I ended the last lecture before the midterm 08:08.700 --> 08:09.700 talking about A. 08:09.700 --> 08:12.000 Philip Randolph's March on Washington Movement, 08:12.000 --> 08:16.770 his bluff with FDR, FDR's issuing of Executive Order 08:16.767 --> 08:22.667 8802, and the creation of the FEPC.  I was trying to 08:22.667 --> 08:25.097 cram a lot of things into the lecture.  Give me two 08:25.100 --> 08:27.770 minutes to talk about the FEPC very quickly and move 08:27.767 --> 08:31.667 us into the 1940s.  The FEPC, 08:31.667 --> 08:34.567 Fair Employment--Fair Employment Practices 08:34.567 --> 08:36.697 Commission--Committee, held high profile hearings in 08:36.700 --> 08:41.400 major cities about segregation in defense 08:41.400 --> 08:45.200 industry factories.  But it was essentially powerless to 08:45.200 --> 08:49.170 do anything except for embarrass the companies and 08:49.167 --> 08:51.197 the factories that are, that are continuing these 08:51.200 --> 08:56.570 practices.  Now in terms of, so literal change, 08:56.567 --> 09:00.997 the FEPC is not doing much, as it turns out.  But again, 09:01.000 --> 09:02.370 since we're wrestling with--I, 09:02.367 --> 09:04.767 I've been talking about the tension between the symbolic 09:04.767 --> 09:09.367 and the real.  At the symbolic level, 09:09.367 --> 09:12.797 the FEPC contributes to the, to blacks' reorientation 09:12.800 --> 09:15.700 away from notions of, you know, 09:15.700 --> 09:17.770 systems of white patronage.  They have to rely on white 09:17.767 --> 09:21.697 patrons to make ends meet, but they could turn to the 09:21.700 --> 09:24.900 federal government instead, but the federal government, 09:24.900 --> 09:27.800 and I started talking about it with the Black Cabinet 09:27.800 --> 09:30.270 through Marian Anderson's concert on Easter Sunday, 09:30.267 --> 09:34.197 1939, the federal government is now standing in, 09:34.200 --> 09:35.500 in complicated ways, certainly, 09:35.500 --> 09:39.000 but still standing in and keeping an eye on the 09:39.000 --> 09:42.000 quality of black life.  Well, 09:42.000 --> 09:44.970 here we are in 1941 and 1942, 09:44.967 --> 09:45.967 the U.S. 09:45.967 --> 09:48.997 is now involved in the Second World War.  And as 09:49.000 --> 09:51.900 you'll remember from going back to the First World War, 09:51.900 --> 09:52.900 as, as the U.S. 09:52.900 --> 09:54.570 is about to get involved and W. 09:54.567 --> 09:55.567 E. 09:55.567 --> 09:56.567 B. 09:56.567 --> 09:57.567 Du Bois called on African Americans to close ranks, 09:57.567 --> 09:58.597 but then called on them to return fighting.  You have 09:58.600 --> 10:02.400 black soldiers enlisting in terrifically large numbers.  10:02.400 --> 10:09.800 You have a lot of the same kind of troubling dynamics 10:09.800 --> 10:11.500 about training black soldiers, 10:11.500 --> 10:15.100 their treatment abroad, positive by foreign troops 10:15.100 --> 10:16.670 and foreign citizens and negative by U.S. 10:16.667 --> 10:19.867 troops.  And you have the treatment coming home that 10:19.867 --> 10:25.897 is scandalous.  ThePittsburgh Courier, 10:25.900 --> 10:26.900 along with the Chicago Defender, 10:26.900 --> 10:30.400 the two most important black newspapers of the day, 10:30.400 --> 10:32.870 the Pittsburgh Courier, aware that the same dynamic 10:32.867 --> 10:34.897 might repeat itself, that is, 10:34.900 --> 10:37.370 you know, black soldiers fighting for citizenship 10:37.367 --> 10:39.897 rights and being denied them, 10:39.900 --> 10:45.100 in February of 1942 begins a campaign.  It's--It is a 10:45.100 --> 10:47.100 publicity campaign; it's nothing beyond that, 10:47.100 --> 10:49.500 but it becomes very popular.  It's the Double V 10:49.500 --> 10:53.200 campaign, Double V, two Vs: that there would be victory 10:53.200 --> 10:56.300 over fascism abroad and victory over racial 10:56.300 --> 11:00.370 discrimination at home.  This is just like Du Bois's 11:00.367 --> 11:02.397 call, "We return.  We return from fighting.  We return 11:02.400 --> 11:08.300 fighting."  Okay?  But twenty-three years have 11:08.300 --> 11:13.970 passed.  It's the same call, it's the same agenda.  11:13.967 --> 11:18.697 That's the important thing to understand.  Now Randolph 11:18.700 --> 11:21.200 bluffs FDR into signing this executive order, 11:21.200 --> 11:24.000 and Randolph realizes he has an important opportunity 11:24.000 --> 11:26.700 here to make something out of this bluff and this March 11:26.700 --> 11:29.870 on Washington Movement becomes an organization, 11:29.867 --> 11:34.197 not just one person trying to organize a march, 11:34.200 --> 11:37.200 but it actually becomes its own grassroots organization, 11:37.200 --> 11:41.800 the MO--MOWM.  There's no easy way to say it.  The 11:41.800 --> 11:44.100 March on Washington Movement embodies a certain set of 11:44.100 --> 11:49.600 tactics and they are, for lack of a better phrase, 11:49.600 --> 11:53.470 racial tactics.  Randolph, as you already know, 11:53.467 --> 11:58.697 was an anti-communist.  He was deeply concerned about 11:58.700 --> 12:02.470 white communists infiltrating the National 12:02.467 --> 12:04.997 Negro Congress and when it happened, 12:05.000 --> 12:08.100 he broke from it.  And he saw that the March on 12:08.100 --> 12:10.500 Washington Movement was a way--by--he kept it 12:10.500 --> 12:11.500 all-black. 12:11.500 --> 12:13.800 I should have said that first.  It was an all-black 12:13.800 --> 12:16.070 movement.  He saw by keeping it all-black, 12:16.067 --> 12:18.197 it would reduce or even eliminate the chance that 12:18.200 --> 12:20.800 the Communist Party would infiltrate the organization, 12:20.800 --> 12:22.900 since the Communist Party was predominantly white.  12:26.000 --> 12:29.800 But Randolph was very clear, since we're in a time of 12:29.800 --> 12:33.970 war, to go to great ends to make sure his movement was 12:33.967 --> 12:37.267 not considered black nationalist.  Although it's 12:37.267 --> 12:41.567 all-black, it's not black nationalist.  And Randolph 12:41.567 --> 12:43.767 declares, and I'm quoting here: "We condemn all 12:43.767 --> 12:47.167 dictatorships, Fascist, Nazi and Communists. 12:47.167 --> 12:50.567 We are loyal, patriotic Americans all. 12:50.567 --> 12:52.567 But if American democracy will not defend its 12:52.567 --> 12:55.267 defenders; if American democracy will not protect 12:55.267 --> 12:58.297 its protectors; if American democracy will not give job 12:58.300 --> 13:01.200 to its--jobs to its toilers because of race or color; 13:01.200 --> 13:04.200 if American democracy will not issue--insure equality 13:04.200 --> 13:08.200 of opportunity, freedom and justice to its citizens, 13:08.200 --> 13:11.370 black and white, it is a hollow mockery and belies 13:11.367 --> 13:14.797 the principles for which it is supposed to stand." 13:14.800 --> 13:18.400 The March on Washington Movement is all-black.  It 13:18.400 --> 13:20.100 certainly welcomes white support, 13:20.100 --> 13:22.670 but not within the organization itself, 13:22.667 --> 13:25.167 and it is profoundly patriotic as far as its 13:25.167 --> 13:30.297 assertions--as far as its assertions are concerned.  13:30.300 --> 13:33.600 On the ground, the March on Washington Movement engaged 13:33.600 --> 13:36.500 in mass, nonviolent, direct action, 13:36.500 --> 13:40.200 a blend of Gandhi's tactics and Randolph's experiences 13:40.200 --> 13:44.400 with labor sit-down strikes.  He believed in 13:44.400 --> 13:47.700 small direct actions, you know, 13:47.700 --> 13:49.600 going into one region or, you know, 13:49.600 --> 13:52.870 a part of the country with small and highly symbolic 13:52.867 --> 13:56.267 acts of resistance.  You know it has, 13:56.267 --> 13:59.967 It's sort of a hodgepodge of org--of, 13:59.967 --> 14:04.097 of, of , of groups operating under its banner, 14:04.100 --> 14:06.300 doing different things in different places, 14:06.300 --> 14:09.300 but all embracing an all-black agenda, 14:09.300 --> 14:11.700 an all-black constituency, mass nonviolent, 14:11.700 --> 14:17.670 direct action.  There's another group that's founded 14:17.667 --> 14:19.767 in 1942, a year after the March on Washington 14:19.767 --> 14:25.267 Movement, that embraced this secular--that embraced a 14:25.267 --> 14:27.397 different agenda from the March on Washington--a 14:27.400 --> 14:29.000 different organizing agenda, pardon me, 14:29.000 --> 14:35.370 from the March on Washington Movement.  It was 14:35.367 --> 14:38.897 interracial civil rights organization called the 14:38.900 --> 14:40.870 Congress on Racial Equality, CORE, 14:40.867 --> 14:44.567 Congress on Racial Equality, an off-shoot of the pacifist 14:44.567 --> 14:46.567 Fellowship of Reconciliation. 14:49.700 --> 14:52.400 CORE was founded in 1942.  Its director was James 14:52.400 --> 14:54.070 Farmer, and one of the principal organizers was a 14:54.067 --> 14:55.497 man, was a man named Bayard Rustin, 14:55.500 --> 14:57.200 someone we'll hear more about in the next couple of 14:57.200 --> 15:03.800 weeks.  CORE and the March on Washington Movement were 15:03.800 --> 15:05.700 two of the main groups operating in, 15:05.700 --> 15:08.000 in the 1940s to educate blacks to use nonviolent 15:08.000 --> 15:11.200 direct action.  So they shared that strategic 15:11.200 --> 15:12.600 logic.  CORE was interracial; 15:12.600 --> 15:18.600 March on Washington Movement was all-black.  The March on 15:22.200 --> 15:26.200 Washington Movement built its base on the Brotherhood 15:26.200 --> 15:29.800 of Sleeping Car Porters and Maids Union, 15:29.800 --> 15:33.600 using Randolph's organizing skills, 15:33.600 --> 15:35.700 and really tried to reach out to lower-class blacks as 15:35.700 --> 15:38.900 well.  CORE was significantly smaller than 15:38.900 --> 15:41.470 March on Washington Movement, 15:41.467 --> 15:45.767 and it was focused on essentially the demographic 15:45.767 --> 15:48.997 you represent: college-aged student, 15:49.000 --> 15:51.100 highly educated, interracial, 15:51.100 --> 15:57.100 and essentially elitist.  CORE's mission statement 15:57.100 --> 15:59.300 says that it has one purpose: to eliminate racial 15:59.300 --> 16:02.800 discrimination, and it has one method: interracial 16:02.800 --> 16:05.800 nonviolent, direct action.  And of course, 16:05.800 --> 16:10.900 style was to test, to negotiate, 16:10.900 --> 16:14.070 to confer and then to sit-in.  Test, 16:14.067 --> 16:21.597 negotiate, confer, and sit-in.  Now I'm going to 16:21.600 --> 16:23.400 move away from these two groups rather quickly, 16:23.400 --> 16:26.500 but I wanted you to understand these different 16:26.500 --> 16:30.000 organizing logics, although they're sharing the same 16:30.000 --> 16:32.570 strategic mode of engagement.  Understand 16:32.567 --> 16:36.397 they're happening in the 1940s as well, 16:36.400 --> 16:39.170 because as I hope to make clear through this lecture 16:39.167 --> 16:42.867 and through much of the next couple of weeks' lectures, 16:42.867 --> 16:44.997 it's very critical you start to re-periodize the civil 16:45.000 --> 16:48.700 rights movement.  The kinds of things that I just 16:48.700 --> 16:52.200 mentioned here, I hope that you will recognize from your 16:52.200 --> 16:55.800 basic high school American History class, 16:55.800 --> 16:57.200 talking about the civil rights movement, 16:57.200 --> 16:59.670 that famous movement between '54 and '68, 16:59.667 --> 17:06.067 at the most, okay?  The strategies of, 17:06.067 --> 17:09.067 of, of, sort of the high theater of the civil rights 17:09.067 --> 17:13.297 movement roots go back to the 1940s and beyond, 17:13.300 --> 17:15.100 with direct corrections and a, 17:15.100 --> 17:16.770 a direct lineage of, of sorts, 17:16.767 --> 17:18.367 of resistance. 17:18.367 --> 17:22.667 You need to understand this; it's rather important.  Now 17:22.667 --> 17:25.097 what's happening in the 1940s?  What's the scene in 17:25.100 --> 17:27.270 which the March on Washington Movement and CORE 17:27.267 --> 17:31.867 are operating?  The country is in transition.  It's in 17:31.867 --> 17:34.497 war.  As I already mentioned, 17:34.500 --> 17:37.300 the Great Migration happening in the first two 17:37.300 --> 17:39.570 decades of the twentieth century.  There's another 17:39.567 --> 17:42.297 migration happening now that dwarfs the Great Migration, 17:42.300 --> 17:44.800 a migration of African Americans, 17:44.800 --> 17:47.070 many of whom are following defense industry jobs out 17:47.067 --> 17:50.797 West and in the North.  Essentially, 17:50.800 --> 17:53.200 the black population you know of in Los Angeles is 17:53.200 --> 17:57.000 there because of, of defense industry jobs and factory 17:57.000 --> 18:00.370 jobs during this period of time.  This is the moment, 18:00.367 --> 18:02.967 over the next decade, when African Americans move from 18:02.967 --> 18:06.397 being predominantly a rural population--I think it's 18:06.400 --> 18:10.300 about forty percent at that point--to over fifty or 18:10.300 --> 18:13.500 fifty-five percent urban.  So it's a transition, 18:13.500 --> 18:15.970 profound transition, for African Americans, 18:15.967 --> 18:19.497 as far as demographics are concerned.  Now with this 18:19.500 --> 18:22.100 migration, like the first Great Migration, 18:22.100 --> 18:28.600 you have crisis, pressure for housing, 18:28.600 --> 18:35.300 cultural styles, political battlefields.  1943 is a 18:35.300 --> 18:39.070 spectacular year for crisis.  You have race riots 18:39.067 --> 18:41.597 happening in the summer of '43 in forty-seven different 18:41.600 --> 18:44.570 cities.  One of the most famous is the Zoot Suit 18:44.567 --> 18:47.367 Riots in Los Angeles, which involved not blacks in this 18:47.367 --> 18:49.797 case, but Mexicans, and Mexican Americans, 18:49.800 --> 18:56.300 and white Navy--I think it's Navy.  I'm pretty sure it's 18:56.300 --> 19:00.770 Navy--members of the Navy attacking Los Angelinos who 19:00.767 --> 19:05.297 happened to be Mexican, for straying across racial and 19:05.300 --> 19:09.500 social lines.  The worst riot happens in Detroit, 19:12.400 --> 19:14.800 a mere ten days before a March on Washington Movement 19:14.800 --> 19:19.100 convention in Chicago.  The riot, 19:19.100 --> 19:21.200 in all of its violence, colored the March on 19:21.200 --> 19:25.370 Washington Movement in Chicago--convention in 19:25.367 --> 19:31.697 Chicago, and so militant race leadership is seen as 19:31.700 --> 19:37.870 too provocative and un-American.  And really, 19:37.867 --> 19:39.797 people can deny the fact that blacks actually were 19:39.800 --> 19:43.200 beginning to get jobs in these factories, 19:43.200 --> 19:50.370 because factories were so desperate for workers.  You 19:50.367 --> 19:53.497 have migration, racial violence, 19:53.500 --> 19:56.100 a country at war, the March on Washington Movement 19:56.100 --> 19:58.670 agitating, making some headway as far as its 19:58.667 --> 20:01.597 long-term goals, but also having a narrower range in 20:01.600 --> 20:03.100 which it could operate, because, 20:03.100 --> 20:07.370 you know, appearing un-American is the last 20:07.367 --> 20:08.897 thing you want to do at this moment in time.  It's 20:08.900 --> 20:12.200 something that Randolph himself articulates.  20:12.200 --> 20:14.770 Meanwhile, membership in the NAACP skyrockets, 20:17.000 --> 20:18.500 as the organiza--organization 20:18.500 --> 20:23.070 appears to be a more moderate and reasonable 20:23.067 --> 20:27.597 location for civil rights agitation than the all-black 20:27.600 --> 20:29.300 March on Washington Movement, 20:29.300 --> 20:33.570 even though it's making, it's a pro-American stance, 20:33.567 --> 20:39.297 and more moderate than this upstart CORE that people 20:39.300 --> 20:42.800 don't really know what to make of yet.  So you have 20:42.800 --> 20:47.870 now, by the mid-1940s, the NAACP becoming, 20:47.867 --> 20:50.667 turning into this moderate organization, 20:50.667 --> 20:53.397 by outward appearances, where it was on the edge, 20:53.400 --> 20:55.500 sort of the avant garde, when it was founded, 20:55.500 --> 20:57.600 and for the first decade, decade, 20:57.600 --> 21:00.900 two decades of its existence.  Things are 21:00.900 --> 21:06.000 shifting.  Things shift fundamentally in 1944 in a 21:06.000 --> 21:07.200 legal case, Smith v. 21:07.200 --> 21:11.500 Allwright, that outlaws the white, 21:11.500 --> 21:14.600 outlaws the white-only primary.  And I have to 21:14.600 --> 21:17.970 apologize.  I have to go really quickly through a lot 21:17.967 --> 21:21.297 of these things, because I lost a lecture by the 21:21.300 --> 21:24.900 midterm, so I'm not going to get into the details.  But 21:24.900 --> 21:25.900 in the Smith v. 21:25.900 --> 21:29.170 Allwrightcase, the white, white primaries, 21:29.167 --> 21:32.097 white primaries are now outlawed, 21:32.100 --> 21:35.500 and now liberal groups, broadly defined, 21:35.500 --> 21:40.100 start going after a whole set of different means of 21:40.100 --> 21:42.870 exclusion, of preserving, essentially an all-white 21:42.867 --> 21:46.897 vote.  Groups start going after literacy tests that 21:46.900 --> 21:50.500 were, that were at the point of absurdity, 21:50.500 --> 21:53.800 where a registrar could actually ask somebody, 21:53.800 --> 21:55.800 "How many bubbles are there in a bar of soap?" 21:57.900 --> 22:02.600 as a way to exclude them.  People knew they had to act 22:02.600 --> 22:05.100 in terms of trying to expand the right to vote, 22:05.100 --> 22:07.100 or access to the ballot box, ballot box, 22:07.100 --> 22:08.670 by just looking at Mississippi.  In 22:08.667 --> 22:12.097 Mississippi, you have over three hundred and fifty 22:12.100 --> 22:13.970 thousand blacks who are eligible to register, 22:13.967 --> 22:17.197 register to vote.  Mississippi has a huge black 22:17.200 --> 22:21.300 population.  And of that three hundred and fifty 22:21.300 --> 22:23.700 thousand, only twenty-five hundred manage to vote in 22:23.700 --> 22:29.100 1946.  It's an all-white vote, 22:29.100 --> 22:33.500 because of all the various ways in which Mississippi 22:33.500 --> 22:35.770 registrars and voters are being told to eliminate the 22:35.767 --> 22:36.897 black vote. 22:36.900 --> 22:39.170 In fact, very famously, Senator Bilbo from, 22:39.167 --> 22:41.997 from Mississippi, who was a virulent racist, 22:42.000 --> 22:46.700 would go around organizing registrars of voters 22:46.700 --> 22:50.300 of--before actual election night, 22:50.300 --> 22:52.200 telling them all these different ways in which you 22:52.200 --> 22:55.570 can eliminate the black vote, 22:55.567 --> 22:57.897 and said, you know, "If worst comes to worst, 22:57.900 --> 23:00.170 you all know the most effective strategy is the 23:00.167 --> 23:02.967 night before the election, and you know what I mean, 23:02.967 --> 23:05.667 I mean essentially calling for them to rally the Klan 23:05.667 --> 23:12.467 to eliminate black vote.  Again, 23:12.467 --> 23:15.897 the country's in--under incredible stress because of 23:15.900 --> 23:21.900 these transitions going on.  Between '46 and '48 at the 23:21.900 --> 23:24.700 presidential level, some more radical changes are 23:24.700 --> 23:29.200 happening.  FDR had died in office already.  Now Harry 23:29.200 --> 23:31.470 Truman is the President, and he's fighting for his 23:31.467 --> 23:34.697 political life.  The Democratic Party's on the 23:34.700 --> 23:39.500 verge of being split.  Recognizing that there's 23:39.500 --> 23:41.400 incredible dissension amongst the Democratic 23:41.400 --> 23:43.400 ranks, Southern Democrats are very unhappy with the 23:43.400 --> 23:47.600 trends in what's happening in the country, 23:47.600 --> 23:50.100 supported by the federal government, 23:50.100 --> 23:54.700 that entity that blacks saw as a place of salvation.  23:54.700 --> 23:55.770 Truman doesn't know what to do, 23:55.767 --> 23:58.997 and so he actually lets--he sort of throws a bone to his 23:59.000 --> 24:01.700 antagonists in the Democratic Party and lets 24:01.700 --> 24:06.000 Congress kill the FEPC.  So now there's no more 24:06.000 --> 24:09.200 publicity campaign machine to sort of embarrass 24:09.200 --> 24:11.270 factories into employing African Americans and 24:11.267 --> 24:12.997 practicing non-discrimination 24:13.000 --> 24:16.770 policies.  Truman lets Congress kill the FEPC but 24:16.767 --> 24:20.167 knows he needs the black vote to win election.  It 24:20.167 --> 24:23.897 was clear when FDR got elected in 1944, 24:23.900 --> 24:26.000 it was clear that the black vote is what brought him, 24:26.000 --> 24:30.370 got him into office, and Truman can't lose it.  So 24:30.367 --> 24:35.767 Truman raises the stakes, after killing the FEPC, 24:35.767 --> 24:37.767 and appoints a distinguished panel to serve as the 24:37.767 --> 24:39.997 President's Commission on Civil Rights, 24:40.000 --> 24:44.100 which would recommend over time more adequate means and 24:44.100 --> 24:46.900 procedures for the protection of civil rights 24:46.900 --> 24:47.900 for U.S. 24:47.900 --> 24:50.070 citizens. 24:50.067 --> 24:51.967 In October '47 it issues its, 24:51.967 --> 24:55.067 its report, called "To Secure These Rights, 24:55.067 --> 25:00.767 a landmark document.  "To Secure These Rights" defined 25:00.767 --> 25:02.797 the nation's civil rights agenda for the next 25:02.800 --> 25:05.800 generation.  The commission noted the many restrictions 25:05.800 --> 25:08.070 on blacks and urged that each person, 25:08.067 --> 25:10.097 regardless of race, color, or national origin, 25:10.100 --> 25:12.700 should have access to equal opportunity in securing 25:12.700 --> 25:16.600 education, decent housing, and jobs.  Among its 25:16.600 --> 25:19.400 proposals, the commission suggested anti-lynching and 25:19.400 --> 25:23.600 anti-poll tax laws, a permanent FEPC, 25:23.600 --> 25:24.800 and strengthen--strengthening 25:24.800 --> 25:26.800 the Civil Rights Division of the Department of Justice.  25:29.200 --> 25:33.200 The commission went much further than Southern 25:33.200 --> 25:36.400 Democrats ever imagined they would dare to go, 25:36.400 --> 25:39.970 further than Truman thought they would actually go.  But 25:39.967 --> 25:41.897 he called this commission together and so he had to 25:41.900 --> 25:48.900 face a choice, what to do.  So in February of 1948, 25:48.900 --> 25:52.900 Truman rolls the dice and calls for the implementation 25:52.900 --> 25:56.400 of the Commission's recommendations.  25:56.400 --> 26:00.370 Southerners immediately threaten a filibuster and 26:00.367 --> 26:04.067 Truman, unable to secure support from Congress or 26:04.067 --> 26:06.797 action from Congress, moves ahead using executive 26:06.800 --> 26:09.000 authority.  And among other things, 26:09.000 --> 26:11.070 he bolsters the Civil Rights Division at the Department 26:11.067 --> 26:13.297 of Justice, appoints the first black judge to the 26:13.300 --> 26:16.200 federal bench, names several other blacks to high-ranking 26:16.200 --> 26:18.700 administrative positions, and most important, 26:18.700 --> 26:22.400 on July 26th of 1948, he issued the executive order 26:22.400 --> 26:25.170 abolishing segregation in the armed forces and ordered 26:25.167 --> 26:28.997 full integration of all the services.  The executive 26:29.000 --> 26:32.400 orders that grow out of this array of changes are 9980, 26:32.400 --> 26:35.870 nine-nine-eight-zero, establishing fair employment 26:35.867 --> 26:38.397 practices in the federal government, 26:38.400 --> 26:39.770 and the next one immediately, 26:39.767 --> 26:40.967 so you can see he's going on a tear, 26:40.967 --> 26:45.197 Executive Order 9981 establishes the President's 26:45.200 --> 26:47.300 Committee on Equality of Treatment and Opportunity in 26:47.300 --> 26:49.900 the Armed Forces, the decree that leads to the 26:49.900 --> 26:54.270 desegregation order to the military.  Now it's the 26:54.267 --> 26:57.467 order.  The military takes its sweet old time 26:57.467 --> 27:03.097 desegregating, but the order's issued in 1948, 27:03.100 --> 27:07.070 growing out of this--Truman's political 27:07.067 --> 27:10.967 move to sort of clarify the mess of the Democratic 27:10.967 --> 27:13.867 Party, make it known to African Americans that he 27:13.867 --> 27:15.697 was going to support them, the Democratic Party would 27:15.700 --> 27:20.470 support them.  But was it enough?  Henry Wallace, 27:20.467 --> 27:22.597 who had been a former Vice President of FDR, 27:22.600 --> 27:28.070 before he got booted, very progressive and challenges 27:28.067 --> 27:30.067 Truman from the left. 27:31.667 --> 27:35.767 The real challenge comes from the right, 27:35.767 --> 27:39.567 within the Democratic Party, let me be clear.  Truman's 27:39.567 --> 27:41.567 support for a strong civil rights platform for the 27:41.567 --> 27:43.967 Democratic, Democratic convention that was coming 27:43.967 --> 27:50.997 up is opposed by conservative Democrats.  And 27:51.000 --> 27:53.300 they say, "If you bring this platform to the convention 27:53.300 --> 27:58.300 floor, we will leave."  Truman brought the platform 27:58.300 --> 28:04.070 to the convention floor and conservative Democrats from 28:04.067 --> 28:11.497 Southern states bolt and form what is popularly known 28:11.500 --> 28:14.070 as the Dixiecrat Party, with Strom Thurmond as its 28:14.067 --> 28:20.597 presidential candidate.  The Democratic Party is split 28:20.600 --> 28:24.600 and it's quite unclear what's going to happen.  28:24.600 --> 28:27.600 Now, what happens is that Truman wins by a hair's 28:27.600 --> 28:32.900 breath, and again, without black support, 28:32.900 --> 28:35.200 he never would have been elected to a full term as 28:35.200 --> 28:39.100 President.  Now that's what's happening on sort of 28:39.100 --> 28:45.470 the high political stage throughout the 1940s.  Let 28:45.467 --> 28:49.697 me quickly canvass what's happening, 28:49.700 --> 28:50.800 it's still politics of course, 28:50.800 --> 28:54.400 but in the legal arena, over this period, 28:54.400 --> 28:57.800 to help you understand another element of this, 28:57.800 --> 28:59.470 of this shift that's happening in the country on 28:59.467 --> 29:03.367 these issues.  And what I want to give you is the 29:03.367 --> 29:04.367 legal history of Brown v. 29:04.367 --> 29:06.797 Board of Education.  That's where this is heading up 29:06.800 --> 29:14.500 to.  The legal history begins at Howard University 29:14.500 --> 29:16.900 Law School.  I already mentioned before the 29:16.900 --> 29:18.770 National--the New Negro Alliance, 29:18.767 --> 29:23.597 excuse me, formed in 1933, relied upon law school 29:23.600 --> 29:26.470 students and law professors at Howard University Law 29:26.467 --> 29:28.997 School to argue its case that eventually becomes a 29:29.000 --> 29:33.300 Supreme Court decision in 1930--I forgot my notes.  29:33.300 --> 29:36.800 I'll just guess '37, I'm blanking right now.  But the 29:36.800 --> 29:42.800 battle begins at Howard University Law School.  29:48.767 --> 29:51.167 Excuse me, I've lost track for a second. 29:51.167 --> 29:55.897 There we go.  Charles Houston, 29:55.900 --> 29:58.300 the attorney who also spearheads its citizens 29:58.300 --> 30:02.300 campaign for Marian Anderson's concert, 30:05.900 --> 30:08.070 he's brought in to head up the law school in the 30:08.067 --> 30:12.297 late-1920s, to bring it up to fully accredited status.  30:12.300 --> 30:17.600 He starts hiring professors of law.  Some of the great 30:17.600 --> 30:20.200 legal jurists of the next twenty and thirty years, 30:20.200 --> 30:22.500 forty years would actually start at Howard University 30:22.500 --> 30:25.000 Law School as professors, and they would train that 30:25.000 --> 30:27.800 first cadre of civil rights attorneys.  In fact, 30:27.800 --> 30:30.800 the first civil rights law class in the country was 30:30.800 --> 30:34.870 taught at Howard during this period.  The most famous 30:34.867 --> 30:36.597 student during the period, this, 30:36.600 --> 30:39.600 this early-1930s, is Thurgood Marshall.  Thurgood 30:39.600 --> 30:41.370 Marshall, a native of Maryland, 30:41.367 --> 30:43.297 wanted to go to the University of Maryland 30:43.300 --> 30:46.900 School of Law, but by practice, 30:46.900 --> 30:49.570 blacks were not admitted, so he had to go to--he ended up 30:49.567 --> 30:53.397 going to Howard University.  And at that very small law 30:53.400 --> 30:55.170 school with some very intense faculty, 30:55.167 --> 30:58.497 he goes through sort of a boot camp for several years, 30:58.500 --> 31:02.200 and comes out with the kind of legalized training, 31:02.200 --> 31:07.300 with special attention to civil rights cases.  31:07.300 --> 31:10.700 Marshall scores his first major court victory along 31:10.700 --> 31:15.200 these lines in 1935, in a case called Murray versus 31:15.200 --> 31:17.500 Pearson. 31:17.500 --> 31:20.100 In this case, a guy named Donald Murray was not 31:20.100 --> 31:22.300 allowed to enter the University of Maryland 31:22.300 --> 31:25.970 because he was black.  Raymond Pearson, 31:25.967 --> 31:27.497 the president of the University of Maryland--so 31:27.500 --> 31:29.300 it's the student versus the president as far as naming 31:29.300 --> 31:32.700 conventions, Murray versus Pearson--said that Murray 31:32.700 --> 31:34.700 could obtain separate but equal training at the 31:34.700 --> 31:38.900 Princess Anne Academy, also in the state of Maryland.  31:38.900 --> 31:43.170 However, the Princess Anne Academy did not offer a 31:43.167 --> 31:45.167 legal degree, which is what Murray was actually trying 31:45.167 --> 31:47.167 to obtain. 31:50.400 --> 31:54.900 Making a long story short, Marshall and his mentor, 31:54.900 --> 31:57.670 now increasingly colleague, Charles Houston, 31:57.667 --> 32:02.897 who's now the head of the Legal Defense Fund at NAACP, 32:02.900 --> 32:07.700 argue the case up to the Supreme Court.  And the 32:07.700 --> 32:11.770 court declares that the University of Maryland, 32:11.767 --> 32:14.797 because it did not have a separate and equal facility 32:14.800 --> 32:21.170 for teaching law, had to let Murray in.  Okay, 32:21.167 --> 32:27.967 that's 1935.  Based on the success of that case, 32:27.967 --> 32:32.367 Houston brings Marshall over to the NAACP and they start 32:32.367 --> 32:35.197 traveling from southern courthouse to southern 32:35.200 --> 32:36.700 courthouse to southern courthouse, 32:36.700 --> 32:39.400 filing law--lawsuits for black students and 32:39.400 --> 32:46.700 teachers.  In 1938, in the case--these are Supreme 32:46.700 --> 32:48.870 Court cases by the way--Gaines v. 32:48.867 --> 32:55.897 Canada.  Lloyd Gaines is the plaintiff and Canada--who 32:55.900 --> 32:58.870 is, I'm missing the first name here. 32:58.867 --> 33:00.567 It's the last name of the registrar of the University 33:00.567 --> 33:02.997 of Missouri.  So the case is called Gaines v. 33:03.000 --> 33:06.270 Canada.  It's a student versus the registrar of the 33:06.267 --> 33:10.597 University of Missouri.  The University of Missouri 33:10.600 --> 33:12.370 refused to admit Lloyd Gaines, 33:12.367 --> 33:17.597 African American, to its law school because the school 33:17.600 --> 33:22.470 was only for whites.  It was common in Missouri for the 33:22.467 --> 33:26.667 state to send black students to neighboring states for 33:26.667 --> 33:29.667 courses of study not offered by Missouri's black 33:29.667 --> 33:33.597 schools.  Since Missouri did not have a separate but 33:33.600 --> 33:39.100 equal law school for blacks, the Supreme Court declares 33:41.100 --> 33:42.700 that Gaines had to be allowed to attend the 33:42.700 --> 33:48.900 University of Missouri Law School.  So you have in 33:48.900 --> 33:49.900 Murray v. 33:49.900 --> 33:54.100 Pearson, there's no separate institution offering a law 33:54.100 --> 33:56.500 degree in Maryland, so you have to let, 33:56.500 --> 34:01.900 admit Murray into the school of law.  In Gaines v. 34:01.900 --> 34:05.900 Canada, University of Missouri, 34:05.900 --> 34:09.300 the idea of shipping a student out of state--which 34:09.300 --> 34:11.370 was not just a Missouri practice by the way.  A lot 34:11.367 --> 34:15.667 of southern students--states did this--was ruled 34:15.667 --> 34:19.197 unconstitutional.  The state had to provide state-funded 34:19.200 --> 34:22.900 separate but equal legal facility.  Now, 34:22.900 --> 34:24.070 I mean, one might ask, why's, 34:24.067 --> 34:26.297 why would a state even, you know, 34:26.300 --> 34:29.200 provide these fellowships, scholarships to get the 34:29.200 --> 34:32.200 students educated in law school if not in their own 34:32.200 --> 34:35.170 state?  The thinking was, you got them out of the 34:35.167 --> 34:38.797 state, they would stay out of the state.  So the South 34:38.800 --> 34:41.100 was trying to export black legal, 34:41.100 --> 34:46.070 potential legal talent to northern places mainly.  To 34:46.067 --> 34:48.297 get that "problem" out of their state, 34:48.300 --> 34:51.300 they'd pay for them to leave.  The Supreme Court 34:51.300 --> 34:55.300 says, "Can't do it."  That's 1938, 34:55.300 --> 35:02.000 if I didn't mention that.  Houston and Marshall keep 35:02.000 --> 35:04.400 plugging away, filing the lawsuits, 35:04.400 --> 35:08.300 poking at the system.  In 1946, 35:12.300 --> 35:17.400 they take on the case of a woman named Ada Sipuel.  In 35:17.400 --> 35:20.900 '46, Sipuel had applied to the University of Oklahoma 35:20.900 --> 35:27.870 Law School and was denied because of race.  And in 35:27.867 --> 35:32.767 1948, the Supreme Court finally rules that Oklahoma 35:32.767 --> 35:35.497 had to provide instruction for blacks equal to that of 35:35.500 --> 35:41.100 whites.  So this is now--not following--they're not 35:41.100 --> 35:42.300 breaking new ground here.  They're following a 35:42.300 --> 35:46.470 precedent that was there in the Donald v. 35:46.467 --> 35:50.997 Murray, bounded by Gaines v. 35:51.000 --> 35:54.070 Canada, say you can't ship her out some place else.  So 35:54.067 --> 35:58.367 Oklahoma says, "All right, well we're going to comply.  35:58.367 --> 36:00.567 We're not going to admit her to our law school, 36:00.567 --> 36:03.167 to the white law school.  We'll build a law school for 36:03.167 --> 36:08.997 her."  And so in a few months' time the state of 36:09.000 --> 36:11.100 Oklahoma creates the Langston University School 36:11.100 --> 36:13.400 of Law, located at the state capital, 36:15.600 --> 36:20.400 thus requiring further litigation to demonstrate 36:20.400 --> 36:22.500 that the law school was inferior to the University 36:22.500 --> 36:26.400 of Oklahoma's law school.  I mean, 36:26.400 --> 36:27.700 the lawyers were, were claiming, 36:27.700 --> 36:30.900 "You cannot build a law school in a few months, 36:30.900 --> 36:33.300 and it really was just done in a few months, 36:33.300 --> 36:38.200 "designed to educate blacks in the state and suggest 36:38.200 --> 36:40.300 that it's even near equal to what the University of 36:40.300 --> 36:41.900 Oklahoma's already established law school 36:41.900 --> 36:44.600 provides."  They don't have the resources, 36:44.600 --> 36:46.300 they don't have the access, they don't have the training 36:46.300 --> 36:51.300 available to them.  So further litigation ensues 36:51.300 --> 36:54.400 and in 1949, Oklahoma, the University of Oklahoma 36:54.400 --> 36:58.970 decides to admit Sipuel, thus breaking the color line 36:58.967 --> 37:00.967 for the School of Law there. 37:02.700 --> 37:05.300 Sipuel becomes not just the first black woman, 37:05.300 --> 37:07.400 or black, to integrate in the University of 37:07.400 --> 37:08.670 Oklahom--Oklahoma Law School, 37:08.667 --> 37:11.397 she's the first black woman to attend an all-white law 37:11.400 --> 37:19.070 school in the entire South.  The law school admits here 37:19.067 --> 37:21.797 and gives her a special chair.  That's nice, 37:21.800 --> 37:24.900 it seems, right?  Well, the chair is marked "colored" 37:24.900 --> 37:28.100 and it's roped off from the rest of the class.  She's in 37:28.100 --> 37:31.700 the same classroom but in a roped off section of one.  37:35.100 --> 37:37.370 Now as it happens, her classmates and teachers 37:37.367 --> 37:39.867 actually welcome her into the classroom.  The 37:39.867 --> 37:42.197 resistance is coming from someplace else, 37:42.200 --> 37:46.570 institutionally or governmentally.  Stories 37:46.567 --> 37:48.097 abound, and Sipuel is--would, 37:48.100 --> 37:50.970 would support this, that students shared their notes 37:50.967 --> 37:54.497 with her, studied with her, helped her catch up on 37:54.500 --> 37:58.100 material if she happened to miss some of it.  Sipuel had 37:58.100 --> 37:59.800 to eat in a separate section of the, 37:59.800 --> 38:03.200 of a separate and chained off and guarded section in 38:03.200 --> 38:06.800 the law school cafeteria, and white students would 38:06.800 --> 38:10.800 crawl under the chain and eat with her when the guards 38:10.800 --> 38:15.500 weren't around.  Her law student tuition are 38:15.500 --> 38:19.300 supported by hundreds of small donations and, 38:19.300 --> 38:21.700 she would recount later, she believed she owed it to all 38:21.700 --> 38:25.700 those who supported her that she had to ser--that she had 38:25.700 --> 38:30.400 to make it.  Now actually, if you look up on the 38:30.400 --> 38:32.870 website, and I imagine one or two might do it right 38:32.867 --> 38:34.797 now, even though I hope you don't, 38:34.800 --> 38:36.670 the University of Oklahom--Oklahoma Law School 38:36.667 --> 38:39.397 is named for Ada Sipuel now. 38:39.400 --> 38:41.300 This is also a generational change of another kind of 38:41.300 --> 38:42.600 order. 38:42.600 --> 38:44.600 In any event, the important thing about all these 38:44.600 --> 38:48.670 different cases, these three sort of landmark cases, 38:48.667 --> 38:52.097 they shared some things in common.  They're all about 38:52.100 --> 38:55.900 law schools.  They're all about law schools. 38:55.900 --> 39:00.270 Marshall and Houston believed that they had to 39:00.267 --> 39:03.367 find test cases that would create the greatest chance 39:03.367 --> 39:07.197 of sympathy from judges and eventually Supreme Court 39:07.200 --> 39:08.570 justices. 39:08.567 --> 39:11.797 And so they thought by bringing to their attention, 39:11.800 --> 39:14.900 to the judges' attention, people who wanted to be like 39:14.900 --> 39:18.370 them, study the law, and people who--and this is 39:18.367 --> 39:20.667 important, and I'll speak more about it on Monday--who 39:20.667 --> 39:23.667 were astonishingly good students.  They had to be 39:23.667 --> 39:25.497 perfect students. 39:25.500 --> 39:28.000 By bringing incredible students in front of them 39:28.000 --> 39:30.770 who are trying to become lawyers, 39:30.767 --> 39:31.797 these judges might be, you know, 39:31.800 --> 39:33.500 have thought, "Well, gosh, this really is a silly 39:33.500 --> 39:34.870 system.  We need to find some other way, 39:34.867 --> 39:36.867 other way around it."  So that's one part about it.  39:36.867 --> 39:38.697 It's just about, it's just about access to law 39:38.700 --> 39:44.470 schools.  Now what it's also, 39:44.467 --> 39:46.497 and probably even more important--not even 39:46.500 --> 39:48.700 probably--definitely more important about these law 39:48.700 --> 39:50.970 school, these cases, these legal cases, 39:50.967 --> 39:52.867 is that none of them challenged Plessy v. 39:52.867 --> 39:56.167 Ferguson.  All of them are articulated upon the grounds 39:56.167 --> 39:57.997 of, there is no separate but equal, 39:58.000 --> 40:01.970 equal institution for these black plaintiffs to attend.  40:04.100 --> 40:07.300 In Maryland, in Missouri, in Oklahoma, 40:07.300 --> 40:10.370 in each of those cases, they're saying there's no 40:10.367 --> 40:13.297 separate but equal institution.  Oklahoma tried 40:13.300 --> 40:17.700 making one.  It wasn't equal enough.  It was separate but 40:17.700 --> 40:23.100 not equal.  So these--this is a nice and slow and 40:23.100 --> 40:25.470 gentle, I mean according to them, 40:25.467 --> 40:28.167 approach to try to break down segregation in higher 40:28.167 --> 40:31.597 education.  Based on the success they're meeting with 40:31.600 --> 40:33.270 the law schools, they start going after graduate 40:33.267 --> 40:37.297 schools.  So professional schools into graduate 40:37.300 --> 40:42.300 schools, and then they start--I mean, 40:42.300 --> 40:45.000 and basically the writing is now on the wall.  People see 40:45.000 --> 40:46.600 this. 40:46.600 --> 40:50.600 They realize the trajectory of these attorneys is 40:50.600 --> 40:52.570 heading sort of downward in a sense, 40:52.567 --> 40:55.797 hierarchically, and the next battlefield is going to be 40:55.800 --> 40:59.800 secondary and primary schools.  Southern states 40:59.800 --> 41:03.000 recognize this and feverishly start trying to 41:03.000 --> 41:07.270 improve black schools, which were horrible.  I mean the, 41:07.267 --> 41:09.767 the statistics are kind of shocking about how poorly 41:09.767 --> 41:11.397 funded these schools were, you know, 41:11.400 --> 41:17.500 only used textbooks, no transportation.  Southern 41:17.500 --> 41:19.670 states try--start trying pouring, 41:19.667 --> 41:20.897 pouring money into these schools, 41:20.900 --> 41:24.800 trying to improve them, so they could actually survive 41:24.800 --> 41:27.800 a test of separate but equal.  But they're so bad, 41:27.800 --> 41:32.500 they can't catch up.  So the attorneys, 41:32.500 --> 41:36.900 NAACP attorneys, start focusing now on elementary 41:36.900 --> 41:40.170 and secondary schools and challenging the very 41:40.167 --> 41:42.867 principle of segregation in education--that seg--that 41:42.867 --> 41:48.867 segregation on racial lines was unconstitutional.  They, 41:51.400 --> 41:53.900 as they're going around setting up these test cases, 41:56.900 --> 41:59.200 there are five cases all happening at the same time 41:59.200 --> 42:02.000 that rise to the Supreme Court's attention, 42:02.000 --> 42:03.500 and the Supreme--Supreme Court bundles them 42:03.500 --> 42:05.000 together.  There are cases in South Carolina, 42:05.000 --> 42:07.670 Virginia, Kansas, Delaware, and the District of 42:07.667 --> 42:15.297 Columbia.  They bundle them together under Brown, 42:15.300 --> 42:17.670 the father of two girls integrating--trying to 42:17.667 --> 42:21.797 integrate schools in Topeka, Kansas.  But that's--this is 42:21.800 --> 42:25.100 one case representing many other cases.  The attorney 42:25.100 --> 42:30.470 general of the United States actually calls for the end 42:30.467 --> 42:33.897 of segregation, but the reasoning is revealing.  He 42:33.900 --> 42:36.700 wrote that, "Racial discrimination furnishes 42:36.700 --> 42:39.500 grist for the Communist propaganda mills and it 42:39.500 --> 42:41.770 raises doubt even among friendly nations as to the 42:41.767 --> 42:45.297 intensity of our devotion to the Democratic faith." 42:45.300 --> 42:46.600 He's not talking about, "Hey, 42:46.600 --> 42:48.670 we need to educate our citizens."  It's like, 42:48.667 --> 42:51.797 "This looks bad on the international scene.  It's 42:51.800 --> 42:55.470 embarrassing and it's, it's affecting negatively our 42:55.467 --> 43:01.197 potential to make change around the world."  Cutting 43:01.200 --> 43:07.000 to the chase, Brown versus the Board of Education makes 43:07.000 --> 43:12.870 it to the Supreme Court, and the ruling is offered in May 43:12.867 --> 43:18.567 of 1954.  Earl Warren, the very new Chief Justice, 43:18.567 --> 43:21.397 writes the opinion for a unanimous court that says, 43:21.400 --> 43:24.000 "The separate educational facilities is in--inherently 43:24.000 --> 43:25.700 unequal. 43:25.700 --> 43:27.400 Therefore, we hold that the plaintiffs and others 43:27.400 --> 43:29.870 similarly situated for whom the actions have been 43:29.867 --> 43:33.667 brought up (brought, I mean, this is the bundling) are, 43:33.667 --> 43:35.697 by reason of the segregation complained of, 43:35.700 --> 43:38.000 deprived of the equal protection of the laws 43:38.000 --> 43:39.900 guaranteed by the Fourteenth Amendment." 43:39.900 --> 43:44.100 Separation of the races and facilities is inherently 43:44.100 --> 43:47.700 unequal, based on equal protection clause in the 43:47.700 --> 43:50.600 Fourteenth Amendment.  Now, very quickly, 43:50.600 --> 43:53.000 a few words about Earl Warren himself because it's 43:53.000 --> 43:55.500 actually fascinating.  He's a--while the, 43:55.500 --> 43:57.300 while these cases are being bundled and brought up 43:57.300 --> 44:01.670 through the, the system, he's not the Chief Justice.  44:01.667 --> 44:03.197 He's appointed that position--He's not even on 44:03.200 --> 44:05.270 the Supreme Court.  He's appointed to that position 44:05.267 --> 44:06.797 after the Chief Justice, Fred Vinson, 44:06.800 --> 44:11.470 dies.  Someone, jurists, legal, 44:11.467 --> 44:13.197 legal historians think it was probably going to go 44:13.200 --> 44:18.070 against Brown.  Eisenhower, now the President of the 44:18.067 --> 44:21.767 United States, appoints what others thought a mere 44:21.767 --> 44:24.967 politician to the Supreme Court, 44:24.967 --> 44:26.867 thus angering other associate justices who 44:26.867 --> 44:30.267 thought they were going to be the next Chief Justice.  44:30.267 --> 44:32.367 And Warren would actually go on to become a great 44:32.367 --> 44:38.167 mediator on the court, using his political skills.  And 44:38.167 --> 44:43.197 becomes on-- becomes a great civil rights jurist, 44:43.200 --> 44:45.370 someone Eisenhower would call "the greatest mistake 44:45.367 --> 44:48.867 of his presidency," appointing Warren to the 44:48.867 --> 44:52.767 Supreme Court.  Now Warren himself did not have a 44:52.767 --> 44:55.597 sterling civil liberties record.  In fact, 44:55.600 --> 44:59.000 it was pretty horrible.  When he was the attorney 44:59.000 --> 45:01.000 general of California in 1942, 45:01.000 --> 45:03.100 he led the move to detain and then inter Japanese 45:03.100 --> 45:09.500 Americans.  And as he told a conference of his fellow 45:09.500 --> 45:11.600 governors in 1943, his first year as governor of 45:11.600 --> 45:14.770 California,"If the Japs are released, 45:14.767 --> 45:17.097 no one will be able to tell the saboteur from any other 45:17.100 --> 45:19.900 Jap.  We're now producing approximately half of the 45:19.900 --> 45:21.700 ships and airplanes of the country on the Pacific 45:21.700 --> 45:25.100 Coast.  To cripple these industries or the facilities 45:25.100 --> 45:28.370 that serve them would be a bloody--a body blow to the 45:28.367 --> 45:30.567 war effort.  We don't want to have a second Pearl 45:30.567 --> 45:32.997 Harbor in California.  We don't propose to have the 45:33.000 --> 45:35.600 Japs back in California during this war if there is 45:35.600 --> 45:37.800 any lawful means of preventing it." 45:37.800 --> 45:40.970 This is one of the great civil rights justices 45:40.967 --> 45:43.297 speaking before he was elevated to that position.  45:43.300 --> 45:47.300 So people doing some basic psychoanalysis, 45:47.300 --> 45:49.670 armchair psychoanalysis, saying Warren is trying--I 45:49.667 --> 45:52.897 mean is horrified in retrospect over what he did 45:52.900 --> 45:56.970 in a moment of war, what he felt was right at the time, 45:56.967 --> 45:59.997 to deny citizenship rights to so many people, 46:00.000 --> 46:03.470 and was trying to sort of cleanse himself. 46:03.467 --> 46:05.297 Now there's much more to be said about Brown v. 46:05.300 --> 46:07.300 Board of Education, the legal court case.  But this 46:07.300 --> 46:11.300 part is important to know, in the sense that Warren 46:11.300 --> 46:15.200 comes in out of the blue. 46:15.200 --> 46:18.000 It probably changes the future of the decision. 46:18.000 --> 46:20.100 The, the--If you look at justices' opinions leading 46:20.100 --> 46:22.800 up to Brown, it seemed at best there might be a split 46:22.800 --> 46:25.300 in the court, if not a denial, 46:25.300 --> 46:28.600 but Warren said, "No, we are going to be active, 46:28.600 --> 46:30.700 essentially, and it must be unanimous, 46:30.700 --> 46:33.300 and he basically browbeat the associate justices to 46:33.300 --> 46:38.100 line up behind him to offer this ruling.  A watershed 46:38.100 --> 46:40.900 moment, thus closing the door on the 46:40.900 --> 46:44.100 constitutionality of separate but equal, 46:44.100 --> 46:46.600 articulated in Plessy v. 46:46.600 --> 46:52.900 Ferguson at the end of the nineteenth century.  Now the 46:52.900 --> 46:56.200 Supreme Court says that this is unconstitutional, 46:56.200 --> 46:58.670 segregation in, in, in education, 46:58.667 --> 47:02.567 but how are you going to change it?  This is probably 47:02.567 --> 47:06.867 one of the most--This may be the most cruel but important 47:06.867 --> 47:07.867 part of Brown v. 47:07.867 --> 47:12.767 Board of Education, is that it's remanded back to local 47:12.767 --> 47:15.497 districts to figure out the best play--best way to 47:15.500 --> 47:22.000 desegregate the schools.  South Carolina, 47:22.000 --> 47:24.100 Georgia, Mississippi governors threaten to 47:24.100 --> 47:28.200 abolish public schools as a result.  "We'll just close 47:28.200 --> 47:29.570 all the damn public schools, 47:29.567 --> 47:32.097 because the Supreme Court is only talking about public 47:32.100 --> 47:37.070 places of accommodation.  A year after Brown is 47:37.067 --> 47:39.397 articulated, it comes back with what people call Brown 47:39.400 --> 47:45.900 II, when the Supreme Court sends these cases back to 47:45.900 --> 47:49.600 the local, local--sends the cases back to the courts of 47:49.600 --> 47:52.000 origins and in deference to local customs, 47:52.000 --> 47:54.200 and familiarity, says that these things should proceed 47:54.200 --> 47:57.100 with "all deliberate speed."  One of these 47:57.100 --> 47:59.400 wonderfully vague, damningly vague, 47:59.400 --> 48:03.070 Supreme Court edicts.  All deliberate speed. Many 48:03.067 --> 48:08.997 people thought, "like really quickly!"  Other people 48:09.000 --> 48:13.100 thought, "Let's deliberate for a long time."  Speed, 48:13.100 --> 48:18.000 after all, is really quite relative.  There are many 48:18.000 --> 48:20.970 other immediate ramifications or responses 48:20.967 --> 48:21.967 to Brown v. 48:21.967 --> 48:25.467 Board and its ruling in 1954 and '55.  You--We began the 48:25.467 --> 48:27.197 lecture with one of them, with Anna, 48:27.200 --> 48:30.900 excuse me, Melba Beals as a young girl about to be 48:30.900 --> 48:35.270 raped, because the Supreme Court had enraged this white 48:35.267 --> 48:39.397 father, that it was going to change the way the world 48:39.400 --> 48:44.300 looked for him.  We'll talk more about other ways of 48:44.300 --> 48:47.370 resistance and high political theater and Gothic 48:47.367 --> 48:49.097 violence in the wake of Brown v. 48:49.100 --> 48:52.100 Board when we pick up on Monday.  Thank you.