1. Brown v. Board of Education (Brown I), (1954)
2. Facts: Brown was a black child who was denied admission to public schools in her community because of her race. She was not denied access to schools for blacks set up under the “separate but equal” doctrine of Plessey.
3. Procedural Posture: Class action brought on the behalf of all black students in the U.S..
4. Issue: Whether the racial classifications in public school admissions are a violation of equal protection, notwithstanding the “separate but equal” doctrine of Plessey.
5. Holding: Yes.
6. Reasoning: There is no conclusive evidence that the framers of the 14th amendment had any idea, or desire, one way or the other to prevent blacks from attending public schools alongside whites. Regardless of whether two separate schools may be called “equal” with respect to the “tangible” factors of buildings, curricula, qualifications of teachers, etc, by definition they can not be equal with respect to the intangible factors of the ability to take advantage of the environment of the school. In practice, separation of the races promotes the idea of inferiority of the minority race. It generates a feeling of inferiority among the minority race which affects their motivation and eagerness to learn. In public education, separate but equal has no place, and is a denial of equal protection.
7. Notes: On the same day that Brown was decided under the 14th amendment, Bolling v. Sharpe was decided under the 5th amendment with respect to the District of Columbia (federal schools). Although there is no “equal protection” clause in the 5th amendment, the due process clause of the 5th amendment affords similar protection with regard to classifications based on race. “Segregation in public education is not reasonably related to any proper governmental objective, and thus it imposes on [Black] children of the District of Columbia a burden that constitutes an arbitrary deprivation of their liberty in violation of due process.”
