Tag Archives: Earl Warren

Little Rock Look Back: SCOTUS decision in BATES v LITTLE ROCK case

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On February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. Kirby, Judge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were heard on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it.

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators.

In 1960 Bennett was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP.

Little Rock Look Back: September 12, 1958–a day of educational chaos in Little Rock

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Thurgood Marshall, of the NAACP, sits on the steps of the Supreme Court Building after he filed an appeal in the integration case of Little Rock’s Central High School. (AP Photo, file)

The Court found that “the federal judiciary is supreme in the exposition of the law of the Constitution” and all state officials must adhere to the Court’s decisions and follow the rules laid down in those decisions in similar future cases.

Following the decision, the Little Rock School Board issued a statement that the schools would open as planned on Monday, September 15, 1958.  One of the School Board members, Henry V. Rath, resigned his position on the board that day. He was frustrated that the School Board was caught between federal law and state law.

Later that afternoon, Governor Faubus signed several bills into law which had been passed in a special session. These bills were designed to make it more difficult to integrate public schools.  One of them gave the Governor the authority to temporarily close schools to keep them segregated.  The Governor would then call a special election for the voters in that district to decide whether to remain closed or be opened and integrated. (One of the other laws, which would come in to play later during the school year, laid out the plans for a recall of school board members.)

Shortly after signing the law which gave him the authority to close the schools, Governor Faubus did just that.  He announced that Little Rock’s four public high schools would not open on Monday, September 15.  He set October 7 as the date for the special election about keeping the schools closed.

No one seemed to know what the next steps were.

That night, high school football took place, as previously scheduled.  Central came from behind to defeat West Monroe, Louisiana, by a score of 20 to 14.

Over the weekend, there were many meetings and phone conversations as people were trying to figure out what to do.

One meeting that took place on September 12 was at the home of Mrs. Adolphine Fletcher Terry.  She invited a few friends over to discuss what role the women of the city could play in solving this crisis.  The group decided to meet on the following Tuesday, September 16, at Terry’s house.  It would eventually grow to over 1,300 members and have the name of Women’s Emergency Committee to Open Our Public Schools.

Little Rock Look Back: Brown v. Board II Decision from the US Supreme Court

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On May 31, 1955, the U.S. Supreme Court issued its ruling in Brown vs. Board of Education of Topeka II.  

One year after the landmark Brown v. Board decision which declared state laws establishing separate public schools for black and white students to be unconstitutional, the Supreme Court took up the case again.  This time the focus was on the implementation of desegregation

The original Brown v. Board grew out of a class action suit filed in Topeka, Kansas, by thirteen African American parents on behalf of their children.  The District Court had ruled in favor of the Board of Education, citing Plessy v. Ferguson.  When it was appealed to the Supreme Court, Brown v. Board was combined with four other cases from other jurisdictions.

After handing down the 1954 decision, the Supreme Court planned to hear arguments during the following court session regarding the implementation.  Because the Brown v. Board case was actually a compilation of several cases from different parts of the US, the Supreme Court was faced with crafting a ruling which would apply to a variety of situations.

In the arguments before the court in April 1955, the NAACP argued for immediate desegregation while the states argued for delays.

The unanimous decision, authored by Chief Justice Earl Warren, employed the now-famous (or infamous?) phrase that the states should desegregate “with all deliberate speed.”

In making the ruling, the US Supreme Court shifted the decision-making to local school districts and lower-level federal courts. The rationale was that those entities closest to the unique situation of each locality would be best equipped to handle the distinct needs of those schools and communities.

The Supreme Court did make it clear that all school systems must immediately starting moving toward racial desegregation.   But again failed to provide any guideposts as to what that meant.

In anticipation of the Supreme Court’s Brown II ruling, earlier in May the Little Rock School Board had adopted a draft of what became known as the “Blossom Plan” (named for the superintendent, Virgil Blossom).  The thought process seems to have been that if the LRSD had a plan in place prior to a Supreme Court decision, it might buy it more time had the court ruled that things had to happen immediately.

The Blossom Plan called for phased integration to start at the senior high level.  It anticipated the new Hall High School as having an attendance zone in addition to zones for Central and Mann high schools. But the way the zones were created, the only school which would be integrated at first would be Central High.  The junior highs and elementary schools would be integrated later.

With no immediate remedy from the US Supreme Court, the NAACP – both nationally and locally – had little recourse other than expressing their unhappiness continuing to verbally protest the lack of immediate desegregation. (This is an oversimplification of the NAACP efforts, but points out that there options were very limited.)

Little Rock Look Back: US Supreme Court hands down BROWN v BOARD decision

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On May 17, 1954, the U.S. Supreme Court issued its ruling in Brown vs. Board of Education of Topeka.  

This landmark United States Supreme Court case declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision overturned 1896’s Plessy v. Ferguson decision, which allowed state-sponsored segregation in public education. In a unanimous 9-0 decision, the Warren Court stated “separate educational facilities are inherently unequal.”  The results of this decision would be tested on the streets of Little Rock in 1957.

The Court’s fourteen page decision did not spell out any sort of method for ending racial segregation in schools, and the Court’s second decision in Brown II, muddied the waters even further by only ordering states to desegregate with the oxymoronic “all deliberate speed.”

Brown v. Board grew out of a class action suit filed in Topeka, Kansas, by thirteen African American parents on behalf of their children.  Mr. Oliver Brown was the only male. He was chosen to be the lead plaintiff, because it was felt that the court would look more favorably on a male plaintiff.  The District Court ruled in favor of the Board of Education, citing Plessy v. Ferguson.  The court did note that segregation had a detrimental effect on African American students, but that since the Topeka schools were substantially equal, there was no relief to be granted.

When it was appealed to the Supreme Court, Brown v. Board was combined with four other cases from other jurisdictions.  All were NAACP sponsored cases.  Thurgood Marshall was the lead attorney for the plaintiffs.  In December 1952, the Justice Department filed a “friend of the court” brief and argued, in part, that racial segregation had a detrimental effect on US foreign policy. Communist countries were using racial separation in anti-US propaganda.

In the spring of 1953, the Supreme Court held the case.  Unable to decide the issue, they reheard it in the fall of 1953.  They then put special emphasis on the Fourteenth Amendment’s Equal Protection Clause.

During deliberations, Chief Justice Earl Warren insisted on a unanimous ruling to avoid massive Southern resistance.

Since the Topeka schools were found to be substantially equal, the Court’s ruling was important in noting that the harm came from the separation.  While there was no doubt that many (if not most) African American public schools were inferior in infrastructure and supplies to white schools – that in and of itself was not the issue.

School leaders in Little Rock started perusing the Brown decision and considering how the Little Rock School District would comply.