Tag Archives: NAACP

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

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.)

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Little Rock Look Back: The Assassination of Dr. King

On April 4, 1968,  when Dr. King was assassinated, Little Rock did not see the unrest that many cities did.  Part of that was probably due to quick action by Governor Winthrop Rockefeller.

The Governor released a statement fairly quickly expressing his sorrow at the tragedy and calling for a day of mourning. He also made the State Capitol available for the NAACP to have a public memorial, as well as worked with a group of ministers to host an interdenominational service.

Little Rock Mayor Martin Borchert issued a statement as well:

We in Little Rock are disturbed about the incident in Memphis. We are disturbed regardless of where it had happened.  Killing is not the Christian solution to any of our problems today.

In Little Rock, we feel we have come a long way in 10 years toward solving some of our problems of living and working together regardless of race, creed or color.

The city Board of Directors in Little Rock has pledged itself toward continuing efforts to make Little Rock a better place in which to live and work for all our citizens.

We feel the efforts of all thus far have proved we can live in harmony in Little Rock and are confident such an incident as has happened will not occur in Little Rock.  We will continue our most earnest efforts toward the full needs of our citizens.

The day after Dr. King was assassinated, a group of Philander Smith College students undertook a spontaneous walk to the nearby State Capitol, sang “We Shall Overcome” and then walked back to the campus.  President Ernest T. Dixon, Jr., of the college then hosted a 90 minute prayer service in the Wesley Chapel on the campus.

On the Sunday following Dr. King’s assassination, some churches featured messages about Dr. King.  As it was part of Holy Week, the Catholic Bishop for the Diocese of Little Rock had instructed all priests to include messages about Dr. King in their homilies. Some protestant ministers did as well. The Arkansas Gazette noted that Dr. Dale Cowling of Second Baptist Church downtown (who had received many threats because of his pro-integration stance in 1957) had preached about Dr. King and his legacy that morning.

Later that day, Governor Rockefeller participated in a public memorial service on the front steps of the State Capitol. The crowd, which started at 1,000 and grew to 3,000 before it was over, was racially mixed. At the conclusion of the ceremony, Governor and Mrs. Rockefeller joined hands with African American ministers and sang “We Shall Overcome.”

That evening, Trinity Episcopal Cathedral was the site of an interdenominational service which featured Methodist Bishop Rev. Paul V. Galloway, Catholic Bishop Most Rev. Albert L. Fletcher, Episcopal Bishop Rt. Rev. Robert R. Brown, Rabbi E. E. Palnick of Temple B’Nai Israel, Gov. Rockefeller, Philander Smith President Dixon, and Rufus King Young of Bethel AME Church.

Earlier in the day, Mayor Borchert stated:

We are gathered this afternoon to memorialize and pay tribute to a great American….To achieve equality of opportunity for all will require men of compassion and understanding on the one hand and men of reason and desire on the other.

Little Rock Look Back: US Supreme Court rules in Bates v. City of LR

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. KirbyJudge. 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: Bombing of the Carlotta Walls Home

On February 9, 1960, a bomb was detonated at the home of Carlotta Walls. One of the Little Rock Nine as a sophomore, she was now in her senior year at Little Rock Central High.  This followed the September 1959 Labor Day bombings in Little Rock.

The bomb went off at approximately 11:00pm.  The blast could be heard for two miles from the house (located at 1500 S Valentine St.). Carlotta’s mother, Juanita, and sisters were at home with her, though her father, Cartelyou, was at his father’s house at 3910 West 18th Street.  Thankfully all members of the family were not physically harmed.  Two sticks of dynamite were used for the bomb.  The blast removed brick and broke three windows in the Walls house.

According to media accounts, this bombing was the first in the United States directed at a student since the 1954 US Supreme Court decision in Brown v. Board of Education.  As such, it made national headlines.  Carlotta was not deterred.  She had no thought of dropping out of school.

Reaction in the community including the Women’s Emergency Committee deploring the action and the NAACP being outraged.  The Little Rock School District only stated that it was a matter for the police.  The Chamber of Commerce was concerned about the impact it would have on attracting industry.

The FBI came in to investigate in addition to the Little Rock Police Department.  Two African Americans, Herbert Monts and Maceo Binns, Jr., were convicted for causing the bombing. Binns’ conviction was thrown out because it was proven he was coerced into a confession.  Monts served twenty (20) months of a five year sentence.  The supposed motive was to build sympathy for the African American community.  Carlotta Walls LaNier has stated that she did not believe the men bombed her house.

Monts has petitioned the Arkansas Parole Board for a pardon. It is scheduled to be reviewed in September 2018.

 

 

Little Rock Look Back: 27 students attempt to integrate LR schools in 1956

Arkansas Democrat photo by staff photographer Mr. Bisgood.

On Monday, January 23, 1956, twenty-seven African American students attempted to integrate four Little Rock schools.  By the end of the day, all four school principals had refused entry and some of the students had met with LRSD Superintendent Virgil Blossom.

Eight girls who were students at Horace Mann High School arrived at Central High at 9:30 am accompanied by Daisy Bates and Frank W. Smith both of the NAACP.  One male student attempted to integrate Little Rock Technical High School.  Four students arrived at Forest Heights Junior High (accompanied by three adults) and fourteen students attempted to integrate Forest Park Elementary (accompanied by four adults).  Neither the Arkansas Gazette nor the Arkansas Democrat broke down the age or gender of the junior high and elementary students.

Though all were referred to meet with Mr. Blossom, only the young women from Horace Mann visited with him.  After the conversation both he and Mrs. Bates declared the conversation had been friendly.   Mr. Blossom, in denying the request, noted that the Little Rock School District had a plan for integration. To allow them to integrate immediately would have been going against the plan.  The integration plan was connected to the completion of the new high school.  If it were ready to open in the fall of 1957, then integration at the high schools would start then.  The newspapers noted that there was no timeline for when it would extend down to the junior high and elementary levels.

That evening, Rev. J. C. Crenchaw, the president of the Little Rock NAACP, issued a statement.  In it he expressed frustration that the LRSD was vague on its timeline for integration.  He noted that the students lived near the schools which they tried to integrate and were therefore forced to travel several extra miles each day to attend school.  He also commented that the young man who attempted to enroll at Tech was not afforded the training available there at his current school.

The Arkansas Democrat ran a photo of the meeting with Mr. Blossom.  It identified the seven students who were pictured.  No mention was made as to whether the eighth student was present but not photographed, or if she did not attend the meeting.  As was the practice at the time, the addresses of the students were listed by their names.  Based on those addresses, the students lived between 0.4 and 0.9 miles from Central High School and were between 2.1 and 3.2 miles away from Horace Mann High School.  Of the seven students in the photo, two were seniors, three were juniors, and three were sophomores.  None of the students named became part of the Little Rock Nine who did integrate Central High twenty-one months later.

On January 24, the Gazette editorial writer opined they were glad for the amicable nature of the conversations. They hoped it did not affect the good race relations in Little Rock.  The writer concluded by saying they did not want it to incite extremists (but did not specify if they viewed the extremists as being for or against integration.)

Little Rock Look Back: Elizabeth Eckford

After 60 years, the most dramatic images of the 1957 crisis at Little Rock Central High School remain those of 15-year-old Elizabeth Eckford, being taunted as she walked through a hate-filled mob, on her way to school.  Today, Ms. Eckford recalls how difficult it was for her parents, Oscar and Birdie, to allow her to continue the struggle to integrate the Little Rock schools.

Born on October 4, 1941, she grew up in Little Rock.  Because all of the city’s high schools closed her senior year, Ms. Eckford moved to St Louis, where she obtained her GED. She attended Knox College in Illinois, and received her BA in History from Central State University in Wilberforce, Ohio.  While in college, Ms. Eckford became one of the first African Americans to work in a local St. Louis bank, in a non-janitorial position, and later she worked as a substitute teacher, in Little Rock public schools.

Ms. Eckford, a veteran of the U.S. Army, has also worked as a substitute teacher in Little Rock public schools, test administrator, unemployment interviewer, waitress, welfare worker, and military reporter.  Along with her fellow Little Rock Nine members, she is a recipient of the NAACP’s Spingarn Medal and the prestigious Congressional Gold Medal.  Together with one of her former tormenters, Ms. Eckford also received a Humanitarian award, presented by the National Conference for Community and Justice (NCCJ), following their meeting 34 years after an apology.  The award recognizes forgiveness and atonement.  They talked to students for two years, and, together, attended a 12-week racial healing course.

Ms. Eckford has started to walk through the painful past in sharing some of her story.  She has said that true reconciliation can occur if we honestly look back on our shared history. She believes that the lessons learned from Little Rock Central High School must continue to be shared with new generations, reminding audiences that “the dead can be buried, but not the past.”  Ms. Eckford continues her interest in education by sharing her story with school groups, and challenges students to be active participants in confronting justice, rather than being passive observers.

Ms. Eckford lives in Little Rock, and is a probation officer for the First Division Circuit Court of Pulaski County.

Little Rock Look Back: US Supreme Court announces Cooper v. Aaron decision

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. The students are, from left: Melba Pattillo, Jefferson Thomas, Gloria Ray, escort Daisy Bates, Marshall, Carlotta Walls, Minnijean Brown, and Elizabeth Eckford. (AP Photo, file)

On September 29, 1958, the U.S. Supreme Court issued its decision in Cooper v. Aaron. That decision held that Little Rock public officials were required to implement a desegregation plan in compliance with the Brown v. Board decision.

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.

The genesis for the Cooper v. Aaron court case was the Little Rock School Board seeking a delay in further implementation of the plan to integrate schools.

After the events of 1957-1958, the School Board was reluctant to have another year of integration, even if it were severely limited. The school board caved to this political pressure, filing a request for a two-and-a-half-year delay in implementing desegregation. The district court granted the request, but the court of appeals reversed. Chief Justice Earl Warren called a Special Term of the Supreme Court into session to consider the case. The stage was set for Cooper v. Aaron.

In their decision, the Warren Court made it clear that resistance to Brown would not be tolerated. The Court went on to state that “the federal judiciary is supreme in the exposition of the Constitution” and “the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land.”