Michigan State University Extension
Diversity and Pluralism - 02170186
12/95/
ERIC TITLE NUMBER: ED224388 AUTHOR: Webb, Melvin W.
TITLE: Desegregation of Higher Education: A Look at
Political and Legal Issues Prior to "Brown v. Board of
Education."
YEAR PUBLISHED: (1980)
NOTE: 38 p.; This paper was identified by a joint project of
the Institute on Desegregation at North Carolina Central
University and the ERIC Clearinghouse on Higher Education at
The George Washington University.
ABSTRACT: The political and legal forces that shaped opinion
and government action prior to the Supreme Court decision of
Brown v. Board of Education of Topeka (1954) are examined,
along with constitutional interpretations concerning
education and desegregation, federal and state statutes
related to desegregation, and cases since Roberts v. City of
Boston (1849). Focus is on desegregation of public colleges
and universities, with the exception of two notable cases.
Roberts v. City of Boston was the first notable case
addressing the admission of blacks into white schools and
dual systems. The Brown case ruled that the doctrine of
separate but equal schools for blacks and whites was
unconstitutional; although public elementary and secondary
schools felt its immediate impact, it soon severely affected
higher education. While at first the provisions of the 14th
Amendment for equal protection of the law was applied only
to political situations, the court slowly recognized social
inequality as being as pervasive, and possibly more
destructive, than political inequality. In 21 states,
statutes had either mandated or allowed segregated higher
education, and the federal government had not intervened in
a matter that was considered a state's right. Behind the
scenes political pressures in the Southern states had made
desegregation of higher education a very unpopular issue for
Congress. It is recommended that college administrators be
attuned to U.S. Supreme Court decisions when developing
policies related to admissions, affirmative action, and
program duplication. (SW)
KEY DESCRIPTORS: Access-to-Education; College-Admission;
Educational-Legislation; Elementary-Secondary-Education;
Government-School-Relationship; Higher-Education; Legal
Responsibility; Political-Influences; Public-Education;
Public-Opinion; Public-Policy; State-Colleges
KEY DESCRIPTORS: *Black-Students; *College-Desegregation;
*Constitutional-Law; *Court-Litigation; *Equal-Education;
*Racial-Segregation
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