The following is a list of arguments in the Brown v. Board of
Education court case. Read through each argument and decide whether it
supports Brown's side against segregation (LB), Board of Education of
Topeka's position in favor of segregation (TOP), both sides (BOTH), or
neither side (N).
The Equal Protection Clause of the 14th Amendment of the Constitution states:
The 14th Amendment states that people should be treated
equally; it does not state that people should be treated the same.
Treating people equally means giving them what they need. This could
include providing an educational environment in which they are most
comfortable learning. White students are probably more comfortable
learning with other white students; black students are probably more
comfortable learning with other black students. These students do not
have to attend the same schools to be treated equally under the law;
they must simply be given an equal environment for learning. The U.S.
District Court found that the facilities provided for black children in
Topeka were equal to those of white children.
Psychological studies have shown that segregation has negative
effects on black children. By segregating white students from black
students, a badge of inferiority is placed on the black students, a
system of separation beyond school is perpetuated, and the unequal
benefits accorded to white students as a result of their informal
contacts with one another is reinforced. The U.S. District Court found
that segregation did have negative effects on black children.
No psychological studies have been done on children in the Topeka,
Kansas school district. The findings of the psychological studies that
demonstrate the negative effects of segregation cannot be stretched to
the Topeka school district. There is no indication of personal harm to
In 1896 the Supreme Court of the United States decided the case of
Plessy v. Ferguson. In this case, Homer Plessy sued, alleging that his
14th Amendment rights were violated by a Louisiana law requiring
the railroad companies to provide equal, but separate, facilities for
white and black passengers. The Court declared that segregation was
legal as long as facilities provided to each race were equal. The Court
declared that the legal separation of the races did not automatically
imply that the black race was inferior. Legislation and court rulings
could not overcome social prejudices, according to Justice Brown. "If
one race be inferior to the other socially, the constitution of the
United States cannot put them on the same plane."
In 1950 the Supreme Court of the United States decided the case of
Sweatt v. Painter. In this case, Herman Sweatt was rejected from the
University of Texas Law School because he was black. He sued school
officials alleging a violation of the 14th Amendment rights. The
Court examined the educational opportunities at the University of Texas
Law School and a new law school at the Texas State University for
Negroes and determined that the facilities, curricula, faculty and other
tangible factors were not equal. Furthermore, the justices argued that
other factors such as the reputation of the faculty and position and
influence of the alumni could not be equalized. They therefore ruled in
favor of Sweatt.
The United States has a federal system of government that leaves educational decision making to state and local legislatures.
At the time the 14th Amendment of the Constitution was
drafted, widespread public education had not yet taken hold. Education
was usually in the hands of private organizations. Most black children
received no education at all. It is unlikely that those involved with
passing the 14th Amendment thought about its implications for
Housing and schooling have become interdependent. The segregation of
schools has reinforced segregation in housing, making it likely that a
change in school admission policies will have a dramatic effect on
neighborhoods, placing a heavy burden on local government to deal with
the changes. The local conditions of an area must be taken into