"I pledge allegiance to the flag" "Of the United States of america" "And to the republic for which it stands," "One nation, indivisible," "With liberty and justice for all." "[bell ringing]" "Newscaster:" "Following the bitterly contested 25th republican national convention," "Which saw general eisenhower" "Win over senator taft on the first ballot," "A tumultuous convention greets the nomination" "Of the general, who's become mr." "Eisenhower." "With his running mate richard nixon," "He'll face democrat adlai stevenson" "In the November election." "Crowd:" "We like ike!" "We like ike!" "Newscaster:" "At the united nations general assembly," "A u.N. Official walks in almost unnoticed." "He's dr." "Ralph bunche," "Who, only a few hours before," "Was announced winner of the nobel peace prize." "The first negro to win the award," "He is warmly congratulated by friends." "The supreme court of the United States" "Will hear cases from 5 states" "To decide whether school segregation is legal." "The south carolina case" "Was filed by 62 parents in clarendon county." "South carolina governor james f." "Byrnes announced" "That the nation's foremost trial lawyer," "John w." "Davis," "Will argue the case before the supreme court." "[boat whistles]" "[telephone rings]" "Woman:" "Hello." "Legal defense fund." "I'll ring." "Mr. Hill is handling the virginia case." "[whispering]" "Man:" "I'll tell bob carter." "Yeah." "Woman:" "Legal defense fund." "I'm sorry." "Mr. Marshall isn't taking any calls." "Why, mr." "Davis, how good to see you." "Good morning." "[toot toot]" "Here." "This will help you sleep." "John w." "Davis." "The lawyer's lawyer." "In law school, I used to cut classes," "Take the bus over to the supreme court," "And watch him." "He was the greatest solicitor general we ever had." "I used to sit there and say to myself," ""will I ever?"" "And every time I'd have to answer," ""no..." "Never."" "Why does a man of his stature" "Take their side?" "The man has lived with the law for 50 years." "He must believe those fellows at the supreme court" "Will see it his way." "Well, you know what I think?" "I think you're the best lawyer in america," "And that carter, greenberg, and hill" "Are not far behind." "Well, we'll find out soon enough." "Will dr." "Levitt let you travel?" "I'll be there." "He said one more week of treatments," "Then I can travel." "I'll press this and get the spots out." "You got to get some new clothes." "I want you to look like a great lawyer, too." "[telephone rings]" "Hello." "I got your message." "It's j.A. Delaine." "Can you get to washington?" "I've got a seat for you at the supreme court." "I shall be there." "Man:" "Tickets, please." "[toot toot] [toot toot toot]" "Newscaster:" "Tomorrow here in washington," "The supreme court will hear arguments" "On brown vs. The board of education." "Lobbyists for the negro plaintiffs" "In 4 states and the district of columbia" "Are challenging the legality of school segregation." "John w." "Davis and thurgood marshall..." "Response has been terrific here." "We've already collected $12,000," "And our people are still on the phone." "Please send it directly to our bank." "We expect even more money." "Thurgood greatly appreciates your help at a crucial time." "Some say that felix frankfurter" "Is the key man on the court." "There are 9 key men." "Peter, why don't we get our new man" "To fill the gentlemen in." "Bill coleman clerked for justice frankfurter" "During the 1948 term," "The first colored man ever chosen as clerk." "He knows the justices." "Bill, would you give the gentlemen" "A sense of how the court stacks up?" "Chief justice vinson..." "He plays poker 2 nights a week" "With president truman." "Some say he's better" "At studying major league batting averages" "Than legal precedents." "Vinson is a passive leader of a divided court." "One result--less than half as many unanimous opinions" "This year as 10 years ago." "Vinson relies heavily on legal precedent." "He's reluctant to overturn established law." "Tom clark, texas." "Conservative, votes with vinson 90% of the time." "His own state of texas has 1,000 segregated schools." "Justice stanley reed, kentucky." "In some ways," "He's still a small-town southern lawyer." "Says he opposes discrimination against negroes," "But his solution could be equal schools," "Not desegregation." "These two we can count on." "William o." "Douglas" "Is the youngest member of the court." "Hugo black, the oldest." "The strongest defenders of individual liberties" "On the court." "These two we have to work on" "Jackson and frankfurter." "Robert jackson was appointed to the court" "By roosevelt in 1941." "He's still upset that truman passed him over" "When he made vinson chief justice." "Do you know what stare decisis means?" "Yesterday's decision shall govern today's decision?" "Exactly." "Jackson believes that precedents" "Are a force for stability." "So, like a coral reef," "The law becomes a structure of fossils." "Felix frankfurter" "The finest intellect on the court." "A jew born in europe." "He knows discrimination." "He used to say to us," ""how we feel is not important." "It's the law that matters."" "Is this davis fellow" "As brilliant as his reputation?" "They call him the lawyer's lawyer." "I burned your old one." "Tomorrow morning, I want you looking" "Every bit as good as mr." "John w." "Davis." "Driver: 12th street and new york avenue." "Watch your step." "Pa:" "The congressional has arrived from new york" "On track 9." "Hello, julia." "Hello, john." "Mr. Davis, I cast my first vote for president" "In 1924 for you." "Well, as things turned out," "That vote didn't harm anyone." "[chuckles]" "If everyone who says they voted for me actually did," "I'd have been president." "[chuckles]" "[thunder]" "Good luck, marshall." "Mrs. Marshall, I'm julia davis," "Mr. Davis' daughter." "It's nice to meet you." "I have great respect for your husband." "Thank you." "Bailiff:" "All rise." "The honorable the chief justice" "And the associate justices" "Of the supreme court of the United States." "Oyez, oyez, oyez." "All persons having business before the honorable" "The supreme court of the United States" "Are invited to draw near and give their attention," "For the court is now sitting." "God save the United States" "And this honorable court." "[gavel pounds]" "Case number 101-- harry briggs, jr." "Et al." "Against members of trustees" "Of school district number 22," "Clarendon county, south carolina, et al." "Counsel are present." "Mr. Marshall." "Mr. Chief justice." "May it please the court," "My colleagues will address" "The kansas, delaware, virginia," "And district of columbia cases." "I will speak on behalf..." "Of harry briggs, jr." "And the negro children" "Of the town of summerton," "Who have raised their attack" "On the validity of the south carolina code" "Which reads," ""it shall be unlawful" ""for pupils of one race" ""to attend the schools provided" "For persons of another race."" "In the lower courts," "We produced unchallenged experts" "Who testified that segregation" "Damages the personality of negro children" "And destroys their self-respect." "If ralph bunche," "This nation's distinguished ambassador" "To the united nations," "Were assigned to south carolina," "It would be the will of the people" "That his children go to a jim-crow school." "No matter how great anyone becomes," "If he happens to be a negro," "His children are relegated to that school." "Yet this court" "Is being asked by the defense" "To uphold the segregation law" "Of south carolina." "Under our form of government," "The only testing ground" "As to whether or not individual rights" "Are violated by the majority" "Is here in this," "The supreme court of the United States." "The court must weigh" "The rights of the negro children" "Against the public policy" "Of the state of south carolina." "And if that policy violates those rights," "Then this court, reluctant or otherwise," "Is obliged to say" "That that policy has run up against" "The 14th amendment to the constitution," "Which guarantees all citizens" "Equal treatment under the law." "We, therefore, respectfully urge..." "That the judgment of the district court" "Be reversed" "And the children's rights be affirmed." "Is it fair to say" "That the south carolina legislature" "Set up segregated schools" "To avoid racial friction?" "Yes, sir." "Doesn't the legislature" "Have to weigh the advantage" "Of maintaining law and order" "Against what might be a disadvantage" "To the segregated group?" "I think that the legislature should, mr." "Justice reed," "But I--I think we have to bear in mind" "That, as far as I know," "In these states," "There is not a single negro legislator" "Doing the weighing." "The only point before this court" "Is the law as it was applied in clarendon county." "All we are asking" "Is that the state-imposed racial segregation" "Be stopped" "And that the county school board" "Be instructed to work out a solution." "What kind of a solution?" "They could assign children to schools" "On any reasonable basis." "You mean we would have" "Gerrymandering of school districts?" "Not gerrymandering, mr." "Justice frankfurter." "The new district lines" "Would simply have to be drawn on a natural basis" "Without regard to race or color." "It would be important to me" "To have you spell out" "Exactly what would happen" "If this court reverses" "And the case goes back to south carolina." "What is important" "Is that we get the principle established." "Segregation by race is not legal." "It is impossible right now" "To say precisely how it will work." "I think it's important to know" "Before one starts out where he is going." "I would like to reserve the remainder of my time." "I was watching" "Chief justice vinson very carefully," "His face." "I don't like the expression in his eyes." "How did we do?" "I think we've made a number of points" "Very effectively." "Truth is, fellas," "I wasn't very good." "Frankfurter is thorny." "Hardly lets a man finish a sentence." "An experienced lawyer is prepared for that." "I let myself get bogged down in detail." "The one thing I wanted to do" "Was find a way to talk about the principle," "Convince them that segregation" "Is morally wrong," "That there is no such thing as separate equality." "Davis:" "Says counsel for the plaintiff," ""we have the uncontradicted testimony" ""of expert witnesses" ""that segregation is hurtful to the children" "Of both the colored and the white races."" "Now, there are experts," "And there are experts." "Let me read a sentence or 2" "From w.E.B. Dubois," "The great negro educator." ""I have seen wise and loving colored parents" ""take infinite pains" ""to force their little children into schools" ""where the white children and white teachers" ""despised and bullied the dark child." ""now, such parents want their children" ""to fight this thing out," "But, dear god, at what a cost."" "Dr. Dubois concludes," ""we shall do better by putting the children" ""in schools where they are wanted" ""than by thrusting them into hells" "Where they are ridiculed and hated."" "Let me come now to what is the crux of this case" "That is the meaning and interpretation" "Of the 14th amendment" "To the constitution of the United States." "Your honors have said it is your duty," "And I quote," ""to place ourselves as nearly as possible" "In the condition of the men who framed the instrument."" "Now, what was the condition" "Of those who framed the instrument?" "I will tell you." "The resolution proposing the 14th amendment" "Was proffered by congress in June of 1866." "One month later, the same congress" "Established separate schools for the races" "Right here in the district of columbia." "And from that good day to this," "Congress has not wavered in that policy." "So clearly, the congress does not believe" "That the constitution speaks against segregated schools." "What is your answer, mr." "Davis," "To the suggestion" "That the constitution is a living document" "That must be interpreted in relation to the facts" "At the time it is interpreted?" "My answer to that, mr." "Justice douglas," "Is that changed conditions do not expand the language" "That the framers of the constitution employed." "And it is inconceivable that the congress" "Which passed the 14th amendment" "Would have forbidden the states" "To employ an educational plan" "Which congress itself" "Was employing in the district of columbia." "No court, I respectfully submit," "Is justified in ignoring that." "And over the years, this court has spoken" "In the most clear and unmistakable terms" "To the effect that segregation is not unlawful." "In plessy vs. Ferguson" "And in 6 subsequent cases," "The doctrine of separate but equal" "Has been upheld." "So, your honors, I might ask," "Why should this be a matter of great national policy?" "Is it not a fact the very strength and fiber" "Of our federal system" "Is local self-government?" "I respectfully submit" "There is no reason why this court or any other" "Should reverse the findings of 90 years." "Mr. Marshall." "Mr. Marshall, over here, please." "How will the court rule?" "Mr. Carter, come this way, please." "Masterful, john." "You did us proud." "Thank you, jim." "How do you see it?" "Oh, 6-3." "Maybe 5-4." "In the language of the famous general," "We've got them." "And they'll never get home." "Mr. Marshall, aren't all the precedents" "That have been set" "Relating to this decision..." "Well, bob, I guess it's out of our hands." "The lives and hopes of so many millions" "Rest in the hands of those 9 men." "When do you think" "They'll come down with a decision?" "Months, not weeks." "I let myself get tangled up" "In their questions..." "And caught in the underbrush." "Davis..." "He makes it sound like pages of history." "Come on, thurgood." "It's christmas." "Yeah." "What about this housing case?" "I'll take care of things." "Don't you worry." "These people are depending on us." "Buster needs you now." "Yeah." "All these years you've been tramping" "In and out of southern courthouses." "Now is the time you can be with her." "Yeah." "I'll keep in touch." "Thurgood..." "Is she going to be ok?" "She's got to be ok." "Peter roberts:" "The nation's capital," "Ready for its day of days," "The inauguration of a new president." "The dignitaries file through the capitol rotunda" "Toward the portico," "Where the transfer of the presidency will occur." "Here are members of congress." "Behind them," "Members of the supreme court of the United States" "In judicial robes." "I, dwight d." "Eisenhower," "Do solemnly swear" "That I will faithfully execute the office" "Of the president of the United States" "And will, to the best of my ability," "Preserve, protect, and defend" "The constitution of the United States," "So help me god." "Seen justice frankfurter?" "Yes, sir." "Been here at least an hour." "Came in at 7:30 sharp." "Mr. Justice reed, mr." "Justice jackson." "Both:" "Good morning." "Morning, sir." "Here are the notes on the 14th amendment" "For the clarendon matter." "Yes, mark." "Have the brethren assembled?" "I saw justices reed and jackson" "Going up the hall." "May I ask how it's going?" "You may." "But knowing as you do" "That the deliberations of the justices are privileged," "You may not expect a reply." "Stuck in the mud." "No leadership." "The chief?" "Heh heh." "Good morning." "Mr. Justice black, mr." "Justice douglas," "Mr. Justice clark..." "Mr. Justice reed, mr." "Justice jackson." "It's very simple for me." "The state cannot classify people" "By color for education." "I'm with douglas." "Prepared to desegregate." "I see it differently from black and douglas." "You have to look at the achievements" "Of the negro people," "The remarkable progress that's been made" "Since the deprivations of slavery till today." "I believe that in time, the states," "As this progress continues," "Will themselves lower the barrier." "Meanwhile, the plessy decision," "With its separate but equal doctrine," "Is the law of the land." "It has been for half a century." "I see no compelling reason for overturning it now." "I agree with reed." "We were not appointed to this court" "To make the law," "We're here to interpret it." "I'm comfortable with the precedents before us." "[chuckles] doesn't stare decisis mean" "That the court doesn't change its mind" "Just because some new justices come along?" "The colored children in south carolina," "Kansas, delaware, virginia," "And the district of columbia" "Appealed to this court, claiming that segregation" "Denies them equal opportunity." "Now, we can't wear blinders." "The state segregation laws must be struck down." "I simply do not agree" "That the framers of the 14th amendment" "Intended to bar segregated schools." "It doesn't say that." "It says, "equal protection,"" "And the schools are being equalized." "What about the congress?" "It's their job to take this on" "And save us from becoming" "A 9-man school board for the entire country." "I'm concerned over the effect on the country" "If this court should put forward" "A divided decision." "Felix, we have issued split decisions before," "And the republic has survived nicely." "Of course we have," "But this is an explosive issue." "Some governors have stated publicly" "That they would resist an order to desegregate." "It would be a catastrophe if this court" "Put forward a decision it can't enforce." "Perhaps felix' warning" "Should lead us in the direction of caution" "When it comes to overturning precedents" "Which have been so continuously upheld" "By the court." "We can move on to other matters" "And revisit the school cases at another time." "It just seems so clear-cut to me." "Segregation is wrong," "So the court votes to ban it." "Bang." "Yes, mark, a moral question" "And a legal question" "And what else?" "Nothing else." "Wrong." "It's also a political question." "The supreme court is above that." "That's why justices" "Have lifetime appointments." "That doesn't keep justices" "Some justices-- from being concerned" "About the political effect of what they do," "Including this justice." "If we come down with a 5-4 decision to desegregate" "Or if we come down with" "A 6-3 decision to uphold separate but equal," "There will be the majority opinion" "And one, 2, or 3 dissenting opinions." "Judges like to put their spoon in the pie." "After 6 conferences, we are still split." "A divided court" "Will send a terribly confused signal to the country." "Could have massive opposition," "Whichever way the decision goes." "So, what happens?" "You need a kochloffel." "What's a kochloffel?" "A cooking spoon that stirs things up." "Now we should turn our attention" "To the school cases." "I do believe it is time" "To cut the cards and deal." "I know where I stand." "I've been thinking." "The 14th amendment is at the heart of this question." "How can we be sure" "What the intent of the amendment is" "Unless we know what was in the mind" "Of the congress that framed it in 1865" "And the state legislatures that ratified it?" "Did they intend for it to forbid segregated schools?" "We are being asked to make what could be" "The most important judicial decision" "Of this century," "And we are doing it without all the facts." "I propose..." "That we ask counsel on both sides" "To come back and re-argue the case," "Focusing on this question" "What evidence is there" "That the framers contemplated" "Or did not contemplate" "That the 14th amendment would abolish segregation" "In the public schools?" "With that information," "We would be able to make a sound judgment." "Excellent." "Excellent." "[baseball game on radio]" "[telephone rings] [ring]" "Hello." "Are you sure?" "Thanks." "Re-argument." "Will you sign an invoice?" "Uh, take it up front." "It's the new york times." "James rustenpalmer?" "Invoice?" "$16.23." "C.O.D." "Um..." "Greenberg," "This man needs $16.23." "We're good for it." "Thurgood, professor franklin." "John hope?" "Ha ha ha ha!" "What are you doing?" "Going back to howard, eh?" "Good." "You know what else you're going to be doing?" "You're going to be working for me." "I need the best historians and constitutional scholars." "The supreme court wants to know" "What those white men were thinking 100 years ago" "When they passed the 14th amendment." "Be on the train tonight." "Thurgood, bob ming is coming in from chicago." "He knows the 1865 debates by heart." "We don't have money" "For train fare for these people." "Tell him we're good for it." "Alice, telegrams to all our supporters." "Tell them the supreme court has deferred judgement." "We have to re-argue the case" "And we need emergency funds." "Tell them-- you know how to word it." "We need money bad." "Thurgood, when the 14th amendment was ratified," "There were 37 states." "You better research all of them." "Did you reach henry steele commager?" "Peanut talked to him." "He's not available." "At oxford for the summer." "He sent this message" ""I greatly fear your premise is wrong." ""the framers of the amendment" ""did not, as far as we know, intend" ""that it should be used to end segregation" ""in public schools." ""I strongly urge you" ""to consider dropping that particular argument" "Because it weakens your case."" "Bob, get to horace bond." "He's the best scholar of political strategies" "Of that time." "Any of you guys know anybody who would give us money," "Get to work on them." "We've got bills--travel, offices, telephones." "If they shut off our phones, we are out of business." "And there are a lot of people" "Who would like to see our door slammed." "I'm like general patton" "The best tanks money could buy," "But no gas to run them on." "Can I help you?" "I'm black." "You're black?" "Charles black from austin, texas." "What can we do for you?" "I'm here to help." "I'm a professor and a lawyer," "And I can write a little." "They said you needed help." "Yes." "They called me about you." "Find the professor some sit-down space." "We could use all the help we can get." "You can report" "To the honorable governor, mr." "Tulley," "That I have assigned 2 of the brightest young men of our firm" "To lead the research" "Mr. Straight from harvard, mr." "Mcpherson from yale" "But they do work together harmoniously." "Mr. Marshall seems to have fallen on hard times" "Soliciting our partners." ""send tax-deductible gift" ""to naacp legal defense fund, new york." "Thurgood marshall."" "Well, maybe we should" "Turn mr." "Straight and mr." "Mcpherson here loose" "On their tax-deductible status." "That's not our style." "Their time will be better spent" "In the libraries." "The attorney general of south carolina" "Has asked his counterparts" "In 37 other states that concern us" "To research their state archives" "At no expense to us." "The research will show that the states were" "Determined to retain the right" "To shape their schools" "To fit their particular region." "Now, the marshall people will be looking" "For something specific," "Something that shows that congress" "Intended for the 14th amendment" "To prohibit separate schools..." "But they won't find it." "Buster?" "Yes, honey?" "Where have you been?" "Errands." "What were you doing?" "I had a whole bunch of errands." "Where's your watch?" "I sold it." "You can't do that." "I did it." "We've got contributors." "I won't take the money." "Then I'll mail it in." "Buster!" "When they wouldn't let me into the law school" "At the university of maryland," "My mother went downtown to the crown pawnshop" "And sold her engagement band" "And her wedding ring" "To pay for me to go to law school at howard." "So?" "So, I don't want you selling your jewelry." "And what if your mother hadn't sold those rings?" "Where would you be now, hmm?" "I just don't like it." "Thurgood, you once said to me" "That the fight for civil rights" "Was worth a life." "Remember?" "I can get along without a watch," "But I can't get along without supper." "And I want to know" "Everything that's going on." "We've got the best professors and historians" "From all around the country." "And thanks to howard university and charlie houston," "Our lawyers are as good or better" "Than the ivy league boys." "And I will have a second chance..." "To argue this case." "Like the old saying," ""I'm a man of peace, but I adore a riot."" "Ming and I think the real key" "Lies in the ex-confederate states in the south." "It was a condition of their rejoining the union" "After the civil war that they adopt the 14th amendment." "Congress insisted on it." "Not one of these states put a single word" "About school segregation" "In their new state constitution." "Now, we believe that this proved that they understood" "The jim-crow schools were outlawed" "By the 14th amendment." "They had to toe the mark" "In order to get back into the union." "Exactly." "But some of those states turned around" "And put in segregated schools" "A year after" "The 14th amendment was ratified." "And they've been operating segregated schools ever since." "Professor kelly, I'm not sure" "Your argument holds water." "It sure doesn't." "Back to the books, boys." "I'm sure if we give them a little more time," "Mr. Kelly and mr." "Ming" "Will come up with something more solid." "Professor black, is it necessary" "For you to be negative so much of the time?" "I'm not negative." "I state facts." "I've been intending to ask you" "Out of all the legal" "And academic opportunities before you," "Just why did you end up here at the legal defense fund?" "Well, I'll tell you." "I come from deep, deep in texas," "So deep I can't even remember" "Hearing the word "republican"" "Before I was 18 years old." "But I had heard" "Of this really terrible organization" "Way up north called the naacp." "It was an awful place with a great, big office" "All the way up there in new york, they said," "And the worst thing of all about it" "Was that right there in that office," "There was this room," "A special, secret room" "With, uh, no windows and no doors" "And walls about a foot thick," "And the only way that you could get in" "Was with a combination of this huge lock." "And inside that room, they said," "There was nothing but hooks on the walls," "Hundreds and hundreds of hooks." "And do you know what was hanging" "On each and every one of those hooks?" "What?" "Well, they said" "That on each of those hooks..." "Was a key to the bedroom" "Of a southern white woman." "So I figured..." "That is an organization" "I want to get involved in." "Radio:" "The family spokesman said the cause of death" "Was a massive heart attack" "Suffered at approximately 3:15 this morning" "At his apartment in washington." "The chief justice was 63 years old." "Turning to baseball," "The dodgers topped the phillies 3-2" "In 10 innings." "The giants shut out..." "Afternoon, sir." "Mark." "Was it a nice service?" "Yes." "Was the president there?" "[chuckles] oh, yes." "Mark, this is the first solid" "Piece of evidence I've ever had" "That there is a god in heaven." "I can't help but think" "That vinson's successor will be better for us." "The devil you know is better" "Than the devil you don't know." "I watched general eisenhower testify in congress" "Against desegregating the army" "Below the platoon level." "I don't think president eisenhower" "Is gonna be looking for" "A civil rights chief justice." "I still say the odds are we get someone" "Less wedded to the past than vinson." "Times says eisenhower may promote justice jackson" "To the center seat" "And name an associate in his place." "The republicans in the senate" "Will fry ike if he tries" "To put a democrat in the top spot." "[all laugh]" "Anyway, whoever it's going to be," "We got a ton of work to do." "It's nearly midnight, so let's get to it." "My spies tell me foster dulles can have it..." "If he wants it." "Second choice--new york's own, governor tom dewey." "Were I you, john, I should fire my spies." "I have it on good authority" "And by good authority I mean 15 feet from the oval office" "That ike made a deal at the republican convention." "In return for delivering california," "The first vacancy on the supreme court" "Goes to california's governor." "[baseball game on radio]" "I'm afraid you were right." "For once, greenberg?" "The new chief justice is the same man" "Who uprooted 80,000 japanese-americans" "During the war, confiscated their property," "And sent them to internment camps." "What was it a great man once said?" ""the devil you know..."" "Right." "Boys, we've got to do" "What we've got to do." "We've got to find" "Something in the history" "That says we are right." "Get kelly, ming, and the others" "On 18-hour shifts." "We are not going to be" "Sitting around worrying" "About who's sitting on the bench." "Get back to it." "So far," "Nothing appears to pose a problem" "For our position." "Mr. Davis, if I may ask," "How does governor warren going on the court" "Affect things?" "The post describes him as the colorless manager" "Of a team of all-stars." "[all laugh]" "Davis:" "I would think very little, mr." "Straight." "Separate but equal has been upheld" "By the court 7 times," "And the fact there is a division within the court" "Should work to our advantage." "There will be a great reluctance" "To overturn such an historic precedent" "On a close vote." "Those men do not wish to create chaos." "Comes down to the fact that the man is a politician," "Not a jurist." "He's never before sat on the bench" "Not even 5 minutes on a police court." "No judicial philosophy." "I'll get you settled in, mr." "Chief justice." "I'm going to need all the help I can get," "I assure you." "And your name?" "Patterson, sir." "How do you do, mr." "Patterson?" "Sir." "In california," "I had 8,000 people working for me." "This will be different." "We have studied the history." "The declaration of independence" "Had glowing language proclaiming" "That all men are created equal," "With the inalienable right" "To life, liberty," "And the pursuit of happiness," "But the authors of the constitution" "Included no such statement," "A concession to the fact" "That our young republic" "Tolerated human slavery." "At the end of the civil war," "Congress passed the 13th amendment," "Abolishing slavery," "But it gave slaves no specific rights." "The civil rights act of 1866 followed," "And it was the cornerstone" "To the 14th amendment." "We have probed the records," "And frankly..." "We do not like what we find." "The civil rights act was written" "With a no-discrimination clause," "But congress removed it before it was passed." "And nowhere in the debates on the 14th amendment" "Do we find any statement that suggests" "That school segregation was an issue." "We had hoped that abolitionist leaders" "Like john bingham and thaddeus stevens" "Would have recorded their position" "On segregation in schools." "Nothing." "That bears out our studies." "See, public education" "Was in its early stages." "To newly freed slaves," "Education of any sort" "Would have seemed" "A major step forward." "We also have to face the fact" "That congress set up segregated schools" "In the district of columbia" "And has supported that practice" "Up to this very day." "All in all, it gives us very little" "In the way of favorable evidence" "To answer the justices' question" "About the intent of the 14th amendment." "Al, isn't there some way" "We could shape this history" "To make our case?" "I'm all for the cause, bob," "But I am an historian first." "But there's got to be some way to nail it down." "It's difficult to be precise" "About what people thought a century ago." "So I think our strategy should be" "To bypass the court's question" "And argue this on broad humanitarian grounds." "The fuel for the 14th amendment" "Was a spirit of idealism and a sense of justice." "The amendment meant what it said" "Equal protection." "We believe we can win this" "By arguing the broad humanitarian approach." "It is the moral position, and we are a moral nation." "Ok, let's write it up that way." "What gives?" "It'll never work." "The broad humanitarian approach." "Frankfurter will smell it in a second." "He'll see it as evasive." "It's too general, isn't it?" "It's a long shot." "Where's kelly?" "He's going back to detroit, morning train." "Call him at the hotel." "Try and catch him." "Just pay the ones that have to be paid." "That's what these are." "Can't we just" "Hold on to them a week or so?" "They'll turn the lights off again." "We should talk to thurgood." "This is" "Thurgood is waiting for these." "Marion?" "Marion, where are you going?" "It's 6:00, Saturday." "I have a date," "And no paycheck for 3 weeks." "Good night." "Don't you know" "What you're doing in there?" "Don't you?" "I'm typing the same stuff over and over." "If that stuff" "Doesn't get typed..." "What you're doing in there" "Is helping to make history." "Good night." "Thurgood, excuse me." "I think the time has come for us to deal with this." "Alice, would you run downstairs" "And grab us some sandwiches, please?" "The beginning of this needs to be tighter and clearer." "What are you doing, alice?" "Making history." "This is it!" "Ha!" "We got it." "Thaddeus stevens." "Read it." "Thaddeus stevens in the debate" "On the floor of congress" "When the amendment was first presented." ""where any state makes distinctions" ""between different classes of individuals," ""congress shall have the power" ""to correct such discriminations" ""and inequality." ""no distinction would be tolerated" ""in this purified republic" "But what rose from merit and conduct."" "Place this" "In the front section of the brief." "And send someone out for ice and bourbon." "Mr. Kelly needs a drink!" ""these infant appellants" ""are asserting the most important claims" ""that can be put forward by children," ""the claim to their full measure" ""of the chance to learn and grow" ""and the inseparably connected" ""but even more important claim" ""to be treated as entire citizens" "Of the society into which they have been born."" "You understand." "Professor, you are a negro." "Honey, this is too tough a trip for you." "I'll be back in a couple of days." "You'd be better off here." "I will be in that courtroom" "On Tuesday morning." "New hat?" "It's pretty." "It is the hat I wore last year" "At the first supreme court argument." "I hope it's..." "A luckier hat this year." "Davis" in clarendon school district number one" "In south carolina," "There are 2,799 registered negro children" "Of school age." "There are 295 white children." "The state has now provided those 2,800 negro children" "With schools that are," "As mr." "Marshall has so positively admitted," "Equal in every respect." "In fact, because of their being newer," "They may even be better" "Than the schools of the 295 white children." "Now, who's going to disturb that situation?" "If these children were to be reassorted" "On a mathematical basis," "You would have 27 negro children" "And 3 white children" "In each schoolroom." "Would that make the children any happier?" "Would they learn more quickly?" "Your honors cannot sit" "As a glorified board of education" "For the state of south carolina" "Or any other state." "Nor, I respectfully submit," "Can this court sit" "In the chairs of the legislature" "Of south carolina" "And mold its educational system." "The state establishes the schools," "It pays the funds," "And it has the sole power to educate its citizens." "The state of south carolina" "Does not come here in sackcloth and ashes." "Its laws do not offend" "The constitution of the United States." "It is convinced that the happiness" "And the progress and the welfare" "Of these children" "Is best promoted in segregated schools," "And it would be a thousand pities" "That, by this controversy," "It might be ordered to abandon" "What it has created." "I am reminded of aesop's fable" "Of the dog and the meat." "The dog, with a fine piece of meat in his mouth," "Crossed a bridge." "He saw the shadow in the stream," "And he plunged for it." "And he lost both the shadow and the substance." "Now, here is equal education," "Not prophesied, but present." "Shall it be thrown away" "On some--some fancied question of racial prestige?" "It is not my part" "To offer advice to the appellants" "And certainly not to the learned counselor." "No doubt they think what they propose is best." "But I entreat them to remember" "The age-old motto" "That the best is often the enemy of the good." "Mr. Marshall," "You have 5 minutes for rebuttal." "May it please the court..." "The 14th amendment was put into our constitution" "After one of the worst wars ever fought." "The duty of enforcing the 14th amendment" "Is placed upon this court" "To make sure that the states," "In administering their functions," "Disregard little pet feelings" "About race." "The negroes who are forced to submit to segregation" "Are all american citizens" "Who, by accident of birth," "Are a different color." "And the color makes no difference" "One way or another" "Insofar as this court is concerned." "Harry briggs, jr." "Is guaranteed by the state" "Some 12 years of education." "There is no way you can repay lost school years," "But..." "They say leave it to the states" "Until they work it out." "I got the feeling on hearing the discussion earlier" "That when you put a white child in a school" "With a whole lot of colored children," "The child would fall apart." "Everyone knows" "That is not true." "Those same kids" "In virginia and south carolina" "And I..." "Have seen them do it" "They play in the streets together." "They separate to go to school." "They come out of school and play ball together." "But they have to be separated in school." "There must be some magic to it." "You can have them going" "To the same state university and to the same college," "But if they go to elementary and high school together," "The world will fall apart." "The only way that this court" "Can decide this case" "In opposition to our position" "Is to find some reason" "Which gives the state the right..." "To make a classification in regards to negroes" "That they can make in regard to nothing else," "And we submit..." "The only way to arrive at this decision" "Is to find that, for some reason," "Negroes are inferior to all other human beings." "Nobody..." "Will stand in this court and say that" "Because they would have to justify it." "It can only be one thing..." "An inherent determination" "That the people who were formerly in slavery" "Shall be kept as near that condition" "As is possible." "Now..." "Is the time." "We submit that this court" "Should make it clear..." "That that is not" "What the constitution of the United States" "Stands for." "Thank you, sir." "Thank you, mr." "Marshall." "Thurgood." "Crab soup." "Oh, I know it's crab soup." "Hot." "Mmm." "That's good." "Very good, thurgood." "We concede douglas and black" "To the other side." "Reed and clark should vote with us." "Jackson and frankfurter" "Are leaning towards our point of view" "Judicial restraint." "That's 4, and we should pick up another vote" "From minton or from burton" "Or from chief justice warren." "How are you getting on with the new chief?" "I've discovered that he listens," "Though he is untutored in the law." "Well, it could be argued" "That's an ideal combination" "For a chief justice" "Open-minded and flexible." "Well, I hope y'all get down to it." "It's not that tough a call, as I see it." "For those who do not have to decide, it is easy." "The humanitarian thing to do" "Is to strike down segregation," "But nothing presented to us" "Neither history nor legal precedent" "Offers any help." "I think jackson wants to toss it to congress." "The authority for enforcing the 14th amendment" "Sir." "Sir, if I may," "The negroes are the group for whom" "The 14th amendment was written." "It's for their protection." "And since 1868, everybody else" "Has come to this court invoking the protection" "Of the 14th amendment." "Corporations and chinese and aliens" "And everybody else come in and claim" "They've been denied equal protection" "Of the laws." "They come to the supreme court" "Of the United States, and you listen to them." "And if you find that their rights" "Have been violated, then you take care of them." "But when the one group for whose protection" "The 14th amendment was written" "The negroes--come in and ask you for relief," "Jackson wants you to say yes," "Your constitutional rights" "Have been violated, but don't come to us." "You go across the street," "You ask congress to give you relief." "We're not gonna give you a damn thing." "Mark..." "At harvard I would have given you an "a" for that." "Tempus fugit." "I'm exactly where I was one year ago." "I'm prepared to vote to desegregate," "And if my vote should be in the minority," "I shall write as strong a dissent as I know how." "After reading over 1,500 pages," "I have yet to discover a basis" "In the constitution or the 14th amendment" "That allows us to order the states" "To do with their schools" "That which they do not wish to do." "I was very taken by something" "Mr. Thurgood marshall said." ""the only way the court can decide this case" ""in opposition to our position" ""is to find that, for some reason," ""negroes are inferior" "To all other human beings."" "Hugo, I base my view on the law," "And nothing in the law" "Tells us that we can tell south carolina" "To abolish separate schools." "This country has been making great strides" "In race relations." "A careless decision here could halt that progress." "How do you see that happening, stanley?" "If the american people" "Feel that a bunch of liberals in washington" "Are forcing their social views" "On the states," "There will be..." "Profound resentment." "I've seen the race problem more closely" "Than most of you." "I'm concerned about the possibility" "Of violence, massive resistance." "What if we say desegregate" "And they refuse?" "Can we send the army into south carolina" "To enforce it?" "Send the army into 20 states?" "I'm surprised that the history provides" "So little in the way of legal footing" "For striking down segregation." "I find I'm arguing with myself." "My heart tells me segregation is wrong." "The law tells me not to interfere with the states." "I do not like the idea of segregation," "But for 100 years, the south" "Has had segregated school systems," "And this court has told them it was legal." "We can't just turn on a dime and say" "Tomorrow morning, things will be different." "Nor can we continue to say" "That in the united states of america," "All men are equal," "But that white men are more equal than others." "For god's sake, let's decide the principle." "We can remain flexible on how to implement it." "Disaster." "This court is expected to be precise and clear." "Felix, you say you're arguing with yourself." "Perhaps you'd prepare a memorandum" "Outlining the issues and offering some suggestions" "As to where our choices lie." "Thank you, gentlemen." "Our great civil libertarian" "Is going to get us in the soup." "Douglas is so abrasive," "He makes conciliation and compromise" "Even more difficult." "He obviously feels very deeply." "Douglas is a great humanitarian" "In the abstract." "He just can't stand people." "[knock on door]" "Almost ready." "Sir, these will be better" "Than your city shoes." "Well..." "Thank you, mr." "Patterson." "You know the roads, mr." "Patterson." "Oh, yes, sir." "I've been out this way many times before." "The war between the states is one of my hobbies." "Manassas, bull run..." "Just a short drive from the city." "You ever been to gettysburg before, sir?" "No, no." "For me, one of the pleasures of living in the east" "Will be to see some of these things." "Little round top." "Meade had the high ground." "He had the artillery, too." "That was the whole story." "In the winter of 1944 in Italy," "We were pinned down in the sergio valley" "For 2 weeks." "The gerrys had the hilltop." "They were pouring their .88s down in on us." "Bloodied us real bad." "Taught me a whole lot" "About the value of high ground." "So simple..." "Yet so strong." ""it is rather for us to be here dedicated" ""to the great task remaining before us" ""that from these honored dead" ""we take increased devotion" ""for that cause for which they gave" ""the last full measure of devotion" ""that we here highly resolve" ""that these dead shall not have died in vain" ""that this nation, under god," ""shall have a new birth of freedom" ""and that government of the people," ""by the people, for the people" ""shall not perish" "From the earth."" "Patterson:" "On to manassas, sir?" "[rooster crows] [rooster crows]" "Good morning, sir." "Mr. Patterson," "Why are you sleeping in there?" "Sir, I couldn't find a place..." "Sir, there's no place within 20 miles of here" "Where I'd..." "Let's get back to washington." ""to be treated as entire citizens" ""of the society" "Into which they've been born."" "[knock on door]" "Come in, mark." "It's earl warren." "Earl." "Felix." "Felix, this court must vote" "To desegregate." "I believe that this is a moral issue," "One that goes deep into the soul" "Of our nation." "The more I ponder this," "The more I believe" "The separate but equal idea" "Is based on the concept" "That the colored race is inferior" "And that those who sustain it" "Must be willing to acknowledge that." "Now..." "I believe my vote" "Will make a majority of 5." "I will assign the writing" "Of the opinion to myself." "I hope to write it in a way" "That will bring others with me." "What do I have to do to have you with me?" "You're a man" "From the hurly-burly of public life, earl." "I'm a man from the private world" "Of the jurist." "We both know what is right here," "But to you it seems..." "Less complicated." "Neither history nor legal precedent" "Gives us reason," "But there are times when the court" "Must be free to interpret the constitution" "Based on the changes in men's feeling" "For what is right and just." "The humanitarian goal will have to do." "But if you force a sharply divided decision," "You will have accomplished no good." "You must work to unite the court." "How, felix?" "Jackson." "You must persuade him to vote with us" "And not to write a separate opinion." "You must talk to him, convince him," "And then, if you're successful," "Clark, he should follow." "Stanley reed will be the most difficult." "Can reed be turned?" "Only by you." "But jackson first." "If you write an opinion," "I will study it with an open mind." "That's all I ask." "But an open mind cannot change" "My belief that this matter" "Rightfully belongs to the congress." "Earl, you are looking for a..." "Congenial political solution" "To the problem." "I'm looking for a way to do what I think" "We both believe is the right thing to do." "The only possible way, in my view," "To write a decision to end segregation" "With intellectual honesty" "Is to argue" "That the majestic generalities" "Of the constitution" "Have a content and a significance" "That vary from age to age." "Yes?" "I don't like it, but you can try it." "[train whistle blows]" "I like this." "I've got control." "With the courts," "All I can do is wait." "Buster..." "The time I got the job as a waiter" "With the baltimore ohio..." "Your daddy got you that job." "They handed me a uniform..." "White coat," "Black pants that fit real nice," "Except they stopped just above the ankles 6 inches too short." "I went to the man in charge, and I said," ""sir, I need to have another pair of pants." "These are too short."" "The man looked me over," "And you know what he said?" "He said, "don't you know it's easier for me" ""to get a shorter negro" "Than it is to get another uniform?"" "It makes me angry." "That was a long time ago." "Mm-mmm." "I mean about being sick." "Changes are coming" "Changes we never dared dream about..." "And I may not see them." "I want to see the things we've worked for..." "All the changes that will come." "You'll see changes." "You will see a different world." "And you know something?" "You'll know we made a difference." "Douglas." "Black." "Minton." "Burton." "Warren." "Frankfurter." "Jackson," "Clark..." "And reed." "Miss mchugh, mr." "Patterson" "Work to do." "Now, if you would..." "Type this, please?" "Yes, sir." "I will review it." "Then, mr." "Patterson," "If you would take it to the print shop" "And order 9 copies," "Only 9." "Yes, sir." "May I guess why you're here?" "I will vote to desegregate" "If..." "If the opinion" "Gives the southern states time." "We're not dealing just with law." "We are dealing with a social revolution." "It needs time." "You read that, tom." "It may need some refinement." "I'd like to accommodate your view." "Stanley, I've written this opinion" "In a way which I hope will unite the court." "There's a word that's been on my mind of late" "Krytocracy." "K-r-y-t-o-c-r-a-c-y." "I checked it last night in the oxford dictionary." "It says "government by judges."" "I do not want to see this court" "Travel outside its authority." "It isn't a question of what I would like to see," "But what the constitution will permit me to see." "And, earl..." "Understand this" "I do not believe" "That negroes are an inferior race." "Sir, it's mr." "Justice jackson." "Yes?" "Sir, they just took him to walter reed." "A heart attack, sir." "P.A.:" "Major mccarthy, please come to station 23." "Mr. Justice jackson?" "I'm earl warren." "Nurse:" "Sir, he's resting." "Mr. Prittyman is handling his calls." "Oh, hello, barrett." "Hello, mr." "Chief justice." "They say he'll make it." "I talked to him this morning." "I think he'll be ok." "Good, good." "Barrett, uh..." "As soon as you think he's up to it," "Ask him to read this." "It's important." "I know, sir." "A little bout with one's mortality" "Has a way of focusing the mind." "Since the end of the civil war," "The United States" "Has been hesitating between 2 worlds" "One dead," "The other powerless to be born." "What you have written" "Is quite remarkable." "In very..." "Plain and understandable words," "It tells the nation what must be done" "And why." "I'm with you, earl." "You're all by yourself now, stanley." "The fact remains" "This court has been given no evidence" "That the nation knew a century ago" "That it was outlawing" "Stanley, we have 8 votes to desegregate." "Each of us is concerned about history." "Each of us is reluctant to overrule precedents." "But we are convinced" "That the law in this day and age" "Cannot set negro schoolchildren apart," "Not in the United States of america." "This country has been making consistent progress" "In race relations." "This decision could impede that progress..." "Halt the March." "A piece of paper cannot eradicate" "The fears and prides" "And prejudices of the people." "Earl..." "If this court" "Tries to force the southern states" "To change overnight," "There will be resistance," "Litigation, disobedience," "And years of conflict." "Believe me." "Stanley, I'm a politician." "I've worked for the people" "For over 30 years now." "I've seen them in police stations," "Hospitals, unemployment lines." "I'm convinced that the people" "Will accept a ruling" "That fortifies their inner conscience." "Let the backbone come from the court," "And it'll strengthen the moral backbone" "Of the people who live in conflict." "Stanley, a fully united court" "Will send a signal to this nation." "I pray that you'll see your way clear" "To join the majority." "[telephone rings]" "Hello." "I'll be on the midnight train." "[horn blows]" "P.A.:" "Get ready for passengers on track 22." "Silver mid-year service from miami beach, florida..." "Find another cab, boy." "We're going to the supreme court." "Come on, bob." "Come on." "I think you'll want to be in court" "This morning, boys." "9 copies, sir..." "For the brethren." "Welcome back." "Welcome back." "It's good to have you back." "Bailiff:" "All rise." "The honorable the chief justice" "And the associate justices" "Of the supreme court of the United States." "Oyez, oyez, oyez." "All persons having business" "Before the honorable the supreme court" "Of the United States" "Are invited to draw near and give their attention," "For the court is now sitting." "Warren:" "These cases come to us" "From the states of kansas," "South carolina," "Virginia," "And delaware." "They are premised on different facts" "And different local conditions," "But a common legal question" "Justifies their consideration together." "In approaching this question," "We cannot turn the clock back to 1868," "When the 14th amendment was adopted," "Or even to 1896," "When plessy vs. Ferguson was written." "We must consider public education" "In the light of its present place" "In american life." "Only in this way can it be determined" "If segregation in public schools" "Deprives these young plaintiffs" "Of the equal protection of the laws." "In these days," "It is doubtful that any child" "May reasonably be expected to succeed in life" "If he is denied the opportunity" "Of an education." "Such an opportunity," "Where the state has undertaken to provide it," "Is a right which must be made available" "To all on equal terms." "We come, then, to the question presented" "Does segregation of children in public schools" "Solely on the basis of race," "Even though the physical facilities" "May be equal," "Deprive the children of the minority group" "Of equal education opportunities?" "We believe..." "Unanimously" "That it does." "We conclude" "That in the field of public education," "The doctrine of separate but equal" "Has no place." "Separate educational facilities" "Are inherently unequal." "Therefore, we hold that the plaintiffs" "And others similarly situated" "For whom the actions have been brought" "Are, by reason of the segregation complained of," "Deprived of the equal protection of the laws" "Guaranteed by the 14th amendment." "It is so ordered." "[pounds gavel]" "[all talking at once]" "Please, mr." "Marshall" "Buster, it's me." "We did it." "Unanimous." "Buster..." "I love you." "Radio:" "A bulletin from washington." "At 1:10 p.M.," "The United States supreme court" "Chief justice earl warren" "Announced the unanimous decision" "To outlaw segregation of negroes in public schools." "The court said separating negro children" "Violates rights guaranteed to american citizens" "By the 14th amendment." "Father?" "Morning, julia." "The decision..." "For the plaintiffs." "It was unanimous." "In the words of the general" ""we have met the enemy," "And we are theirs."" "I'm sorry, father." "Someday I'm going to learn to accept" "Good advice when it's offered." "There's troubled times ahead." "Looking at it philosophically," "Unanimous decision" "Is the best thing for the country." "Great!" "Yeah!" "Congratulations." "Captioning made possible by artisan entertainment" "Captioning made possible by artisan entertainment" "Narrator:" "In south carolina in the early 1950s," "The children who went to the scott's branch school" "Had no way of knowing" "That their school and their story" "Would one day have a place" "In the history books of their country." "[triangle ringing]" "Good morning." "All:" "I pledge allegiance to the flag" "Of the United States of america" "And to the republic for which it stands," "One nation, indivisible," "With liberty and justice for all." "Reverend:" "How are you all this morning?" "Class:" "Fine." "I think what we'll do this morning" "Is practice our handwriting." "Has everybody got a pencil and paper?" "Boy:" "I need a pencil." "You need a pencil." "All right." "Here, you get a pencil." "All right." "You can start now." "Teacher:" "That's good." "Sorry, rev. Found the boy asleep." "Figured I ought to bring him over here." "Harry jr., you better hustle in there" "And get to work." "Go on!" "Your boy's not keeping up around here, harry." "Well, he walks here near 5 miles" "Every morning, rev," "And home every night." "Every time he looks at those books of his," "He falls sound asleep." "Well, mr." "Kerrigan finds" "I've been chauffeuring harry around" "On his time and in his truck," "I'll lose me a pretty sweet job." "Good." "Look up." "Ok." "Now, what's 3 times 8?" "And where does the 4 go?" "That's right." "Carry the 2." "That's right." "That's right." "Now, you do the next one." "6 times 8." "[train whistle blows]" "[triangle ringing]" "All right, put away your things" "And leave quietly." "I'm reverend delaine." "I'm principal at scott's branch school." "Is superintendent springer in?" "May I see him?" "Hey, get on in here, j.A." "Hey, j.A." "Who's minding things over at scott's branch?" "Mr. Springer, we have a serious problem" "Over at our place." "[chuckles] we got problems everywhere." "Don't you know that?" "[laughs]" "Yeah." "Education is hard work." "Too much to teach, too little time." "My children have to walk to school." "Some walk 5, 6 miles." "Some have stopped coming at all." "It's a bad situation, sir." "We need a bus." "Runnin' schools is expensive." "There's salaries," "Maintenance, insurance." "Books, heat, electricity." "It costs a ton of money." "We just need one bus." "You've got 30 buses for the white children." "Now, you know well as anybody white people" "Pay more taxes than colored people do." "Give us your oldest bus." "We'll pay for the gas." "Now, how can I make myself clear?" "Now, we just ain't got any money" "For buses for your nigger children." "We need to talk, harry." "This is howard bullwer." "Mr. Bullwer's an attorney." "Come on in." "What we have here, mr." "Briggs, is a petition" "To the clarendon county board of education." "It says that you, "being the father" ""of harry briggs, jr., age 12," ""want school bus transportation" ""to be furnished, maintained, and operated" ""out of the public school district number 26" ""of clarendon county" ""for the said use of said child" "And other negro schoolchildren similarly situated."" "Reverend delaine:" "If they use tax money" "To give bus service to the white children," "They have to give it to us, too." "The 14th amendment to the constitution states" "That each citizen is guaranteed equal protection" "Under the law." "Would this go to court?" "Bullwer:" "It could." "Harry." "Well..." "I don't guess I spent 3 years" "In the United States navy" "To keep the world safe for jim crow." "Reverend..." "I sure hope this man know his business." "[clock chiming]" "What do you boys want?" "Hello, mr." "Springer." "Won't you come in?" "No, just stoppin' for a minute." "What is this business, j.A.?" "Now, harry briggs and that negro lawyer" "Are making' a mess with this bus business." "Some say you're in on it, too." "Now, look, delaine, briggs is suing' me," "And you and I work together." "We're part of the same school system." "Doesn't make sense for people to be in court" "Causin' a bunch of trouble we don't need." "What we need is a bus" "And some more money for our school." "Well, you're not gonna get it in court." "All you're gonna get in court is a big dose" "Of trouble you don't need." "[sighs]" "Delaine..." "You better call these people off." "I'm holding you responsible." "You hear me?" "[thunder]" "I told you, josiah c." "Tulley's" "The smartest son of a bitch" "In the southeastern United States," "Maybe the whole damn country." "Well, modesty does not allow ranting." "It's just that some lawyers" "Do not do their homework." "And it's not that tulley is so good." "It's that our niggers" "Don't even know where they live." "[all laugh]" "Radio announcer:" "It was cold in korea today," "With the mercury down to 9 degrees below zero." "In the air, our saber jets destroyed one enemy mig" "And damaged another..." "We had no way of knowing" "That your place here was on the wrong side" "Of the district line." "You pay taxes in district 5." "The school is in district 22." "It turns out you lack legal standing" "In the court." "Well, I don't know much about the courts," "But this business means" "Everybody's makin' a fool of me," "Sayin' I don't even know where I live." "It's a technicality." "Well, my boy's still walkin' to school." "Mr. Briggs..." "I do some work with the legal defense fund" "Of the national association" "For the advancement of colored people." "I talked with the naacp's top man" "In new york at headquarters," "A lawyer." "He's prepared to come here" "And meet with us." "He's won cases in the south." "If we back off now..." "We'll never get anything." "[whistle blows] [brakes screeching]" "[congregation singing hymn]" "That's good hymn-singing." "I'm reverend delaine." "Thurgood marshall." "What happened to harry briggs" "Happens everywhere we go." "Putting one man out front is risky." "They'll find a way to disqualify him" "Or to scare him off." "If there are 20 people here in summerton" "Who are willing to sign a complaint" "Against the school board," "We will bring a case here." "What sort of case?" "Your county spends... $179 a year for each white child" "And only $43 for each colored child." "That's not equal, and that means" "It's against the law, pure and simple." "But mr." "Marshall, when I was a boy," "There was no school here at all." "I just don't think it's a smart thing" "To put a sword to the white man's throat." "All:" "Mm-hmm." "Yes." "Most of us round here are tenant farmers." "We work the white folks' land." "We need money to get seed and fertilizer." "We have to borrow from the banks." "We ain't tryin' to take anything away" "From these white folks." "I just mean to get an education" "For that little black boy of mine." "He just as good" "As any other south carolina boy." "I'll bet he's better than a lot of them." "[laughter]" "Our reverend at our church back home" "Used to say he liked to think" "That when the lord created him," "He did not do it on a Saturday" "When he was tired out" "And didn't have much to work with." "He said he preferred to think" "The lord created him early Monday morning" "When he had the best materials" "To work with and all the energy he needed." "[laughter]" "What our reverend was saying" "Is that we are equal" "To anyone on the face of the earth." "And the constitution of the United States" "Says the same thing." "14th amendment--no state shall deny any person" "The equal protection of the law." "They added that amendment" "To give our folks a fair chance." "Woman:" "Mr. Marshall?" "The law doesn't mean much down here." "[all murmur]" "We just finished a case..." "Where they wouldn't admit a colored man" "Into the law school at the university of texas." "The supreme court in washington" "Said they had to let him in" "Because there was no equal facility in texas." "And we all know what these doghouse schools mean" "To the future of our children." "That's why the naacp has started test cases" "In the courts..." "In kansas and virginia." "And we're willing to bring a case here" "In south carolina," "But we can't do it without you." "If 20 taxpaying people sign up," "We will come down here." "Mr. Marshall..." "What we need to know is..." "What chance there is of it working." "There will be hostility and probably reprisals," "But the law is on our side." "Sorry, thurgood." "I thought they'd be all for it." "[sighs] well..." "In 2 hours I'm back on a train." "Saturday night I'm sleeping in my own bed," "Safe and sound in new york city." "I'm asking these people" "To risk their jobs and their safety." "That's asking a lot." "[congregation singing hymn]" "[horns honking]" "Man:" "I call you." "So, this is what you people do" "When I'm out of town." "This is what we do when you're in town." "I see bob carter likes it around here" "When I'm away." "It's 7:00, thurgood." "Sit in with us." "I'm in for an hour." "We gotta be back here at 8:00 in the morning." "Greenberg, you're the one" "Doing all the work around here." "I can't afford to be a civil rights lawyer" "And lose money playing poker with those guys." "What gives, ruth alice?" "All right there on your desk." "Man:" "I fold." "Second man:" "Call." "Third man:" "Call." "Marshall:" "Aces." "[telephone ringing] 3." "That's the wrap, money man." "Yeah." "I'll tell you, boys," "It's real nice being back in new york city," "Real nice." "Thurgood." "South carolina for you." "Yep." "One second." "Ok." "Deal 'em out." "Thurgood marshall." "Mr. Marshall, I wanted you to know" "I'm starting tonight." "I'm going after those petitions." "Good luck, reverend." "Bob, we gotta start digging out" "Everything there is on south carolina schools." "Schools or colleges?" "Public schools." "What county?" "Clarendon." "Preacher down there is gonna try" "To get enough signatures for a case." "Success in a couple" "Of university graduate schools" "Is one thing, thurgood." "When we go after public schools," "We got to be sure it's the right time" "And the right place." "That preacher's got guts." "All right, you get on outta here." "Go on." "[tires screech] [honk honk] [honking]" "Get off the road!" "Move!" "Get on down there!" "[tires screech]" "Pull over!" "[men laughing]" "All: ¶ I'm gonna let it shine ¶" "¶ all around the neighborhood ¶" "¶ I'm gonna let it shine ¶" "¶ all around the neighborhood ¶" "¶ I'm gonna let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "Man: ¶ all in my heart ¶" "All: ¶ I'm gonna let it shine ¶ [clapping] ¶ all in my heart ¶" "¶ I'm gonna let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "¶ all in my church ¶" "¶ I'm gonna let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "¶ let it shine ¶" "J.C., can't something be done" "To settle these people down?" "Superintendent, can you tell me" "Why your district is the only district" "In the entire state of south carolina" "That has people runnin' off" "To the naacp in new york?" "Like m-mr." "Tulley says, governor," "We've got agitators." "A--a few stubborn people" "Who are just huntin' to make trouble." "Our colored schools are no different" "Than any others in the state." "How do they compare with the white schools?" "How much would it cost" "To make the colored schools equal?" "Most of the colored people" "Are happy with what they got." "My question was, how much would it cost?" "'cause I'm prepared to spend some money on schools," "Substantial money," "To avoid a legal tangle." "Superintendent, I would like you" "To get your house in order." "J.C., I am determined to show" "That segregation and discrimination" "Are not the same thing." "Now, I want those people to have" "What they're entitled to by law" "Equal schooling." "I do not want the federal courts" "Pokin' around south carolina's classrooms." "The courts don't wanna fool with public schools." "No one wants that." "Not even your friend judge waring?" "He's like a loose cannon on this kind of thing." "The loneliest man in town." "Cut his ties with his first wife," "Took up with that yankee girl" "Outta new york." "He needs friends." "Hmm." "I don't trust him." "[light switch clicks]" "All, clapping and laughing:" "Surprise!" "Who says a shrewd and cunning lawyer" "Can't be surprised?" "[laughing]" "Happy birthday, baby." "Now, before thurgood starts snooping' around," "I want bob carter to say his piece." "Don't get bob carter started." "We'll be here all night." "[all laugh]" "Now, buster gets all the credit" "For the idea," "But it was your affectionate" "And, uh, overworked colleagues" "That all chipped in." "Now, come on in here, thurgood." "[all laughing]" "Mm-hmm!" "Oh, that's it, that's it!" "All:" "Ohh!" "Yes." "You got it right!" "This is what I always wanted." "My daddy was a pullman car waiter" "For the baltimore ohio.35years." "When I was a kid," "I--I used to dream" "About being an engineer." "When I was 20," "My daddy got me a job as a waiter." "[laughs] now, look a'here." "I got my own railroad!" "[all laughing]" "[whistle blows] [whistle blowing]" "[train whistle blowing]" "Oh. [chuckles]" "I'm by myself." "[sighs]" "We've gotten along good over the years," "Haven't we, j.A.?" "Now, I'm sorry to see this trouble all of a sudden." "It's not doing anybody any good." "People have been livin' and going to school" "In peace around here for a long time now." "And the way I see it is, you and me," "We gotta make sure that continues." "Don't you agree, j.A.?" "I'm a preacher, mr." "Springer." "I believe in peace." "[chuckles] yeah, I knew we could work things out." "I may be able to get my hands" "On a bus for scott's branch," "Keep your kids from gettin' to school all tired out." "This has gotten bigger than school buses." "I had a talk with the governor," "And we're gonna do a lot around here" "To make things better." "As soon as you call off these legal shenanigans," "I'm gonna recommend to the school board" "That you get a raise." "It's gone too far, mr." "Springer." "We're not turning back." "[train whistle blowing]" "How do, mr." "Kerrigan?" "Anything wrong?" "No." "Just, uh," "I got me a boy to take over this place." "Strong young fella." "Someone I can count on." "Reliable." "You been countin' on me" "For 8 years now, mr." "Kerrigan." "New boy will be here tomorrow." "66 signatures." "This will make a strong case." "To ask for equal school facilities" "Or to end segregation?" "I thought we decided that." "The naacp policy says" "We're gonna fight segregation head-on." "It doesn't say when," "And it sure doesn't say south carolina." "Separate but equal is the law of the land." "When we demand equal," "We're asking for what the law gives us." "If we demand an end to segregation," "We are challenging the laws" "Of the United States." "You wanna go one by one" "To every school district in the south" "Trying to get the judges to force them" "To make the colored schools equal?" "It's the beachhead strategy." "Make them spend so much making their schools equal" "That they finally cave in and integrate." "You know how many segregated school districts" "There are in this country?" "11,173." "Each case costs money," "And even if we win every one of them," "It'll take forever." "When we challenge segregation head-on," "We have to do it in the right place." "Deep south is not the right place!" "White people down there are terrified at the idea" "Of their little white girls going to school" "With little black boys." "Thurgood, let's wait for a border state." "Wait till our topeka case is ready." "We've got a chance in kansas." "We always say we're gonna fight segregation head-on," "And then we step back." "Sue for equal schools," "And you're up against a little schoolboy." "Sue to desegregate, and you're challenging" "The sovereign state of south carolina." "Greenberg:" "If we limit our case to equal schools," "We end up in judge waties waring's court." "He's pretty good." "He can rule for equal schools by himself." "Thurgood," "If we challenge segregation head-on," "We challenge the state law," "And that would have to be heard" "By a 3-judge court." "Man:" "Tough going." "We can't let delaine and his people down." "When we file our brief," "Do we backtrack," "Or do we challenge the principle of segregation?" "We can go with a 2-string bow." "Put the challenge of segregation in" "As a matter of principle," "But focus the attack on the inequality" "Of the clarendon county school system." "Make them live up" "To their precious "separate but equal."" "If we win this one," "We'll only have 11,172 school districts left." "Reverend delaine:" "This is a special time of the year..." "And I have a surprise for you." "Guess who's coming to town." "Class:" "Who?" "Santa claus." "Santa claus!" "Class:" "Ohh!" "Here he comes." "Oh, ho ho ho!" "[class laughs]" "Ho ho ho!" "One for you..." "And you and you..." "Oh, ho ho ho!" "Here you go, santa." "Thank you." "Merry christmas!" "[car approaches]" "Teacher:" "Here, bobby." "Will you pass those out on Wednesday?" "Santa claus:" "Oh, ho ho ho!" "Merry christmas!" "Santa claus:" "Merry christmas!" "Reverend." "J.A., I'll get right to it." "James martin here is the new principal." "Where?" "Well, right here." "Scott's branch." "The school board felt it was time for a change." "This will be your office, martin." "Reverend delaine will have it cleaned out" "For you tomorrow morning." "Class: ¶ round yon virgin ¶" "¶ mother and child ¶" "¶ holy infant ¶" "¶ so tender and mild ¶" "¶ sleep in heavenly peace ¶" "¶ sleep in heavenly peace ¶" "You may all go home early." "Class:" "Yay!" "Here, reverend delaine, I made something for you." "It's handsome." "You hurry on, now." "You have a long way to go." "Nice meeting you." "Yes, yes." "Heading south, mr." "Marshall?" "Gladys hampton, mrs." "Marshall." "Detroit advocate." "How do you do?" "Clarendon county, right?" "Just a little fishing trip." "Fishing for equal schools or something bigger?" "Mr. Marshall, a lot of us who support the naacp" "Hope you don't reach too far too fast." "We are going to be..." "Cautious," "Miss hampton." "Well, in that case," "You can count on our support." "Good night." "Tiptoeing." "I'm not tiptoeing." "The hell you're not." "Go fast, go slow." "A lot of people are ready to cut me off" "At the knees if I don't do it their way." "It's ok if I get dragged into the big war," "I just can't be the cause of it." "Sometimes I wonder whether god meant you" "To be a lawyer or a politician. [laughs]" "Maybe he doesn't think there's that much" "Of a difference." "[bells chiming]" "Tulley:" "We see no reason why these charges" "Should not be dropped." "The schools provided for the plaintiffs" "Are fully adequate." "Mr. Marshall, you are prepared" "To present evidence that the school facilities" "For the plaintiffs are not equal" "To those afforded white students?" "We are, your honor." "Extensive evidence." "On page 17 of your brief," "You raise a different question." ""the separate schools cause continuing deprivation" ""and harm to negro children" "And should be discontinued."" "Correct?" "Eh, state constitution and laws of south carolina" "Are clear on that." "Public education must be segregated by race." "The statute says any person" "Having 1/8 or more negro ancestry" "Shall attend colored schools." "Correct?" "Correct, your honor." "But if you ask" "To discontinue separate schools," "You are challenging the legality" "Of the south carolina statute" "That separates education by race." "Our goal here is to get equal schools." "Mr. Marshall," "Your brief raises the constitutional issue" "Of segregated schools," "So it must be addressed." "Court procedures prohibit a single judge" "From declaring a state law to be in conflict" "With the constitution of the United States." "For that, a 3-judge court is required." "If the court please," "The plessy vs. Ferguson case," "Decided by the supreme court" "Of the United States in 1896," "Established the principle" "Of separate but equal." "Since then, the right of the states" "To have laws separating the races" "Has been upheld 7 times by the supreme court." "Segregation is legal." "Now, there's no reason" "To cover that ground again." "Judge waring:" "Mr. Marshall," "Do you believe separation of schools" "Is consistent with the constitution" "Of the United States?" "I do not, sir." "But for now," "We simply wish to obtain relief" "For the children under the existing system." "We are asking for equal schools." "You have already taken the position, mr." "Marshall." "You climb up on that horse," "You can't climb back down." "I'll expect you to refile," "Bringing the issue of school segregation" "Clearly before the 3-judge court." "Waring sure did box us in, didn't he?" "We put it in the brief," "And he decided to hold our feet to the fire." "Sometimes history takes matters" "Into its own hands." "In the chinese language," "The symbol for "misfortune" is the same" "As the symbol for "opportunity."" "Let's make this our opportunity." "How could we prove that segregation" "Is unfair to our clients?" "Harold," "What would you do if a car runs" "Into your client's car?" "I'd try to prove damage" "To my client and his car." "How, harold?" "I'd put expert witnesses on," "And they'd testify" "As to how much damage was done." "Doctors, police," "Auto mechanics, whatever." "That's what we have to do here." "Show that our clients are irreparably damaged" "By being forced to attend these doghouse schools." "Their minds are what's damaged." "It isn't easy to prove something we can't see." "Thurgood..." "Kenneth clark." "[chuckles]" "Go to it." "[train whistle blows]" "Hello, kenneth." "Good to see you." "Yeah." "This is thurgood marshall." "Conductor:" "All aboard!" "Marshall:" "What's the problem?" "Maybe he doesn't like charleston." "Let's pack it up, dr." "Clark," "And get outta here." "I have a court order from judge waring." "All right, professor clark." "You can go ahead with your experiments." "But court order or no court order," "You get your business finished in 2 days" "And get on out of clarendon county." "You hear?" "Hello, vernon." "Sit down." "Show me a white doll." "This one." "Now show me a colored doll." "That one." "Show me the doll that you like best." "That one." "And which doll is most like you?" "That one." "Professor clark:" "All right, anne," "Show me a white doll." "Show me a colored doll." "Show me the doll that has a nice color." "Show me the doll" "That looks ugly." "Show me a white doll." "Show me a negro doll." "Which doll is an ugly doll?" "That one." "That's the nigger." "[clock chiming]" "Reverend delaine: 5." "Announcer:" "Across the usa," "There was a rush at recruiting offices" "As american youth responded" "To president truman's call for volunteers." "The total number of gis in korea" "Will soon number 1/4 million." "Announcer:" "American boys doing their share" "In the struggle against the communist aggressor." "Bloody fighting will continue in a conflict" "That will go far to determine" "If freedom will triumph over slavery." "A new u.S. Army of defense" "Is adding up all their available power" "For the mighty job ahead." "Announcer:" "Unmasked and unconcerned" "Over criticism of recent terrorism," "South carolina klansmen stage a rally" "In harley county tobacco land." "Weapons are conspicuously displayed" "As the defiant ku klux klan meets in the wake" "Of reported shootings and whippings" "By their nightriders." "Grand dragon thomas harding claims" "There are now 4 million klan members" "Pledged to uphold white supremacy." "Across the state at the charleston courthouse," "Lawyers for the national association" "For the advancement of colored people" "Have attacked the south carolina law" "That segregates schoolchildren by race." "A 3-judge federal court will hear the complaint" "Filed by parents of the colored children" "At the scott's branch school." "[clapping]" "Quiet up there." "Bailiff:" "The United States district court" "For the eastern district of south carolina" "Is now in session." "Judge john j." "Parker presiding" "With judge waties waring" "And judge george bell telleman." "[pounds gavel]" "The plaintiffs call w.B. Springer." "You, mr." "Springer, are clarendon's" "Superintendent of schools?" "I am." "It is true, is it not," "That negroes in clarendon county" "Attend one group of schools" "And people who are not negroes" "Attend other schools?" "Springer:" "That is true." "Why is that true?" "I couldn't answer that exactly." "You'd have to ask the children" "Why none of them ever asked me" "To go to one school or another." "Isn't it a fact" "That you do it because of the state law?" "It's the law-- separate but equal." "And you enforce the segregation law." "I do." "I know nothing but the law." "Isn't it true" "That you spend 3 times as much" "On each white child's education" "As each negro child?" "We have 60-odd negro schools" "And about a dozen white schools." "In the rural white schools," "We spend less than in the city white schools." "Is it not true" "That you spend $179 on each white student" "And $43 on each negro child?" "If it please the court..." "I wish to make a statement." "What is it, mr." "Tulley?" "The defendants," "The school board of clarendon county," "Wish to concede that inequalities exist" "In the schools of this district." "We have found this out" "From investigating authorities." "Mr. Tulley, you can do that" "When you make your opening statement." "Your honor, I thought if we were" "To concede this point," "It would eliminate the need" "For lengthy testimony to prove inequality." "When we discovered the inequality" "In summerton's colored schools," "Governor byrnes proposed legislation" "For a state sales tax" "That would generate $75 million" "For school construction." "Now I have here architects' drawings" "Of proposed additions and improvements" "To the scott's branch school." "Now, we urge the court" "To allow the state reasonable time to" "Your honor..." "What we see here is an attempt" "By the defense to prevent us" "From developing our case." "For us to prove" "That south carolina's segregation statutes" "Are unconstitutional," "We must be permitted to present evidence" "Showing that our clients" "Are damaged as a result of these laws." "We have gone to great expense" "To bring expert witnesses here." "The state seems to be dealing" "With the problem." "There's no need for us to be tied up here" "Listening to experts." "Isn't there a larger question before us?" "Is the state's segregation law constitutional?" "No, I--I think we ought to hear this evidence." "Uh, mr." "Marshall," "You may continue with your witnesses." "Clark:" "I am a social psychologist" "And educator." "I have degrees from howard university" "And columbia." "Is it true you conducted scientific measurements" "In clarendon county" "To determine the effect of segregation" "On negro schoolchildren?" "Yes." "I can't hear the man." "Speak up, mr." "Clark." "Please describe, dr." "Clark," "The results of your investigation." "When negro children were asked" "To choose between white dolls" "And the brown dolls" "And to say which doll was the nice doll, 65% said the white doll was the nice doll." "Every one of our tests" "Shows an unmistakable preference" "For the white doll" "And a rejection of the brown doll." "These children in clarendon county," "Like other human beings" "Who have been subjected to an obviously inferior status," "Have been irreparably harmed." "The result is a confusion" "In the child's concept of his own self-esteem." "This leads to a desire" "To resolve this basic conflict" "By withdrawing." "Do you believe this policy of segregation" "Has any effect on the white children?" "Yes." "It causes moral confusion." "The child who is part of the segregating group" "Sees the same people" "Who teach him democracy, brotherhood," "Love of his fellow man" "Also teach him to segregate and discriminate." "Your witness, mr." "Tulley." "Dr. Clark," "How many white children were in your classroom" "When you went to school?" "None." "Has anyone ever described you" "As inferior?" "No more questions." "Legal segregation of education" "Is the single strongest factor" "In causing harmful effects" "On the physical, emotional, and the financial status" "Of the negro child." "How does this happen, dr." "Critch?" "The state harms an individual" "When it sets him apart" "Because of the color of his skin." "Legal segregation causes the negro" "To feel that he is different" "And inferior to the white man." "Your testimony is that" "It can cause a false feeling" "Of inferiority." "The sad thing is that the white man" "Has reason for his prejudice." "Our studies have shown" "That the negro is inferior to the white man." "We have seen" "Doctor," "Are you saying" "Uh, there are biological differences" "Between negro people and white people?" "No, sir." "I know of no psychologist who would maintain" "That there is a fundamental biological difference." "What I am saying" "Is that the negro can become inferior" "Because of the practices of segregation" "And their consequences." "Are you saying" "That segregation can cause permanent damage" "To the individual?" "I am, sir." "I have no further questions." "Professor critch..." "Are you a native of the state" "Of south carolina?" "No, sir." "You ever live in one of the states" "That has legal segregation?" "No, sir." "Has your legal name always been critch?" "No, sir." "And what was your name originally, sir?" "Critevski." "[sighs]" "Were you born in the United States" "Of america?" "No, sir." "Where, in fact, were you born?" "I was born in poland." "No further questions." "[clock chimes]" "Mr. Crowe, would you describe the position" "To which governor byrnes recently appointed you?" "I am director" "Of the south carolina state" "Educational finance commission." "Your responsibility?" "I'm in charge of the new program" "To make colored schools equal to white schools." "We expect an appropriation of $75 million." "And what have you got" "For the schools in clarendon county?" "Sir, we've allocated $500,000" "To clarendon county alone." "Mr. Crowe," "When will these new facilities" "Be ready for the children?" "We hope some will be ready" "By the beginning" "Of the next school year." "Your honor..." "The 14th amendment" "To the constitution of the United States," "An amendment ratified in 1868" "By all the states, including south carolina," "Guarantees rights in the present," "Not at some time in the future." "The court's familiar" "With the constitution, mr." "Marshall." "Mr. Crowe is talking about remedies" "That are in the future." "The court's action may depend" "On whether the state is making good faith efforts" "To improve the condition of these people." "Go on, mr." "Tulley." "Do you think it would be a mistake" "To force children to attend racially mixed schools?" "I don't think" "You could keep things peaceful." "So you believe that" "Mixing the races would make the situation worse." "In my opinion, it would cause chaos," "Lead to the elimination of public schools" "In most, if not all," "The counties of the state." "Thank you." "Mr. Crowe, mr." "Crowe..." "This..." "New..." "State commission" "Of yours..." "Are there any negroes on it?" "No." "Are there any negroes" "Employed by your commission?" "No, sir." "Mr. Crowe, how much study have you done" "On the question of racial tension?" "I have observed conditions and people in south carolina" "All my life," "But I haven't studied racial tensions as such." "Then how do you draw your conclusions" "As to what would happen if the schools are mixed?" "Because I know what people say." "You are speaking of white people." "Mainly." "You say" "The public schools will be eliminated" "If integration were ordered." "They would be abandoned." "You believe that white people" "Would abandon their schools" "If forced to integrate?" "Yes." "You think white people" "Would deprive their own children" "Of an education." "I didn't say they'd do that." "You said they would abandon the schools." "Maybe I misunderstood you." "I don't think" "The legislature would continue" "To appropriate money for public schools" "If segregation is eliminated." "Do you think you are qualified to testify" "As to what the legislature of south carolina will do" "In the future?" "I know what people say." "You know there has been peaceful integration" "In certain graduate schools" "Elsewhere in the deep south." "That's a different matter." "Those were older people," "And just a very few, I might add." "Indiana has outlawed segregation entirely." "The ratio between the races is very different in indiana." "Suppose the ratio here" "Was 95% white and 5% negro." "Would that cause you to change your opinion?" "It would not." "Then the ratio of negroes" "Has nothing to do with it." "Your opinion is based on the fact" "That you have all your life believed" "In the segregation of the races." "That is the real basis of your opinion," "Isn't it?" "That wouldn't be all." "Would that be part of it?" "I suppose that would be part of it." "Thank you, sir, mr." "Crowe." "[clock chimes]" "Mr. Tulley, you may make your final argument." "Your honors will remember" "That the very same congress" "That passed the 14th amendment in 1868" "Also passed the law" "That set up segregated schools" "In washington, d.C." "Now, since then, 17 state legislatures have passed laws" "Requiring segregation in public schools." "Now, this practice of separate but equal" "Has been repeatedly upheld" "By the supreme court of the United States," "Most notably in a unanimous decision in 1927" "By a court which included" "Former president william howard taft" "As the chief justice" "And such distinguished associates" "As louis brandeis and oliver wendell holmes." "It cannot be persuasively argued" "That these great american jurists," "The congress of the United States," "And the 17 state legislatures" "Were acting in ignorance of the constitution" "Or knowingly defying its meaning" "Over so long a period." "Segregation is legal in education," "So long as it's equal." "Mr. Tulley, you have come here" "And admitted" "The facilities are not equal." "Now the law does call for equality," "Does it not?" "Isn't the surest way to achieve equality" "To admit the colored children" "To the superior white schools?" "No, sir." "The problems of race, if your honor pleases," "Will not be solved by force," "But rather by the slow process" "Of community experience and mutual good will," "And any ruling by this court must take into account the fact" "That school facilities cannot be built overnight." "All we're asking is time." "[clock chimes]" "There is no factual dispute before this court." "Negro schools are conceded to be unequal." "What is at issue is the law." "Yes," "Separate but equal has been the law of the land" "For many years," "But the supreme court has ended segregation" "In southern graduate schools" "Without any negative consequences." "This is progressive development of the law." "In south carolina," "All the state officials are white." "All the school officials are white." "This is not just segregation." "This is exclusion..." "From the group that runs everything." "The negro child is made to go" "To an inferior school." "He is branded in his own mind" "As inferior," "Which sets up in his mind" "A roadblock that prevents him" "From ever feeling he is equal." "You can teach such a child citizenship." "You can teach such a child the constitution." "But he knows that for him, it isn't true." "Your honor," "We have shown" "That lasting damage is done the negro children" "Every day that clarendon county" "Operates its school system in violation of the law." "The defense..." "Asks for time..." "Time for the slow process of community experience." "I know of no statute" "That allows anyone to walk into court" "And ask for time" "To stop doing something which is unlawful." "If the negro children of clarendon county" "Are entitled to any rights as american citizens," "They are entitled to those rights now," "Not at some time in the future." "Now is the time for the court to act." "[cheering and applause]" "God bless you, mr." "Marshall." "Thank you, sir." "[opera aria plays]" "Have you decided?" "Just a second." "I mean..." "About the school case." "Well, I've decided one thing." "Everybody around here does a lot of talking" "About the negro problem," "But what we have is a white problem." "How will the court rule?" "Judge parker's the one" "You're gonna have to keep your eye on." "[dog barking]" "He's a little cagey" "Oh!" "[car engine starts]" "[tires squeal]" "Stand back." "Stay on the north side of fleeting street." "You colored people, stay on the sidewalk." ""when separate schools are maintained" ""for negroes and whites," ""educational facilities and opportunities" ""must be equal." ""the defendants have admitted" ""that such facilities for colored pupils" ""in school district number 22" ""are not equal." ""the plaintiffs are entitled to a mandatory injunction" ""requiring equal facilities" ""be afforded the colored children." ""the plaintiffs also ask that we order" ""that negroes be admitted to white schools." ""the court believes that" ""one of the great virtues of our constitutional system" ""is that it leaves to the states" ""the solution of local problems." ""it is well settled by the supreme court" ""that there is no denial" ""of equal protection of the laws" ""in segregating children" ""if the children are given equal facilities." ""therefore, an injunction to abolish segregation" "Is denied."" "Judge waring?" "I had hoped that this court would take the view" "That there must be no suppression" "Of the rights of any of our citizens" "Because of their skins," "And I had hoped that this court" "Would have made a clear-cut declaration" "That the state of south carolina" "Should follow the meaning" "Of the constitution of the United States" "And not deny equal protection." "But since the majority of this court feels otherwise..." "I dissent." "The plaintiffs have shown courage" "In presenting this case" "In the face of the age-old pattern" "Of the way of life practiced in south carolina" "Since and as a result" "Of the institution of human slavery." "It has been shown here" "That the humiliation to young children" "Of being set aside as unfit to associate" "With others of different color" "Has had an evil and warping effect" "Which will remain with them forever." "Despite the ruling" "Of the majority of this court," "Segregation can never produce equality." "It is an evil..." "That must be eradicated." "Thank you, mr." "Marshall." "Thank you, mr." "Carter." "Good-bye, harry." "Bye, sir." "I want to say good-bye to you." "I want to say good-bye to you." "And I wanna say" "If you ever show your black ass" "In clarendon county again, you're a dead man." "Stay on the sidewalk." "Keep him, lord." "Stay behind the barricade." "You know, j.A.," "Sometimes I get very weary" "Trying to save the white man's soul." "Thurgood, that court just told" "The people of the United States of america" "That segregation is legal." "We got a whole damn mountain to climb." "Did you see dr." "Levitt?" "Yes." "Good." "Did he get you sorted out?" "It's a cancer." "They have treatment." "He's very good." "I'll stay home with you." "Mm-mmm." "Home with you is where I belong." "No." "Carter, greenberg, and hill, they can carry on." "Thurgood, I've thought about this." "Since our first days at harvard law school," "When they wouldn't even let you apply" "To the university of maryland," "One thing has been" "At the center of our lives." "I want you to carry on with your work," "Our work." "I do not want to discuss it." "¶ you're the sweetest guy that I've seen... ¶" "Get everybody in here." "The damn winos broke in again" "And stole all our typewriters." "And we didn't get any paychecks again." "I wish they would steal the radio." "Gladys hampton, the detroit advocate" "She wants to know what you're going to say" "To the negro educators tomorrow night." "You see her editorial?" "No." ""this defeat should give pause" ""to the naacp strategists," ""for it only strengthens" ""the plessy vs. Ferguson doctrine" ""of separate but equal." ""the welfare of the negro people" ""should not be the exclusive province" "Of a handful of lawyers."" "Greenberg!" "You talk to this newspaper woman." "I can't." "I got a woman on the phone in norfolk." "The police have had her boy locked up" "For six months" "For stealing a bag of peanuts." "Get everybody in the back room." "Bob, where are we" "On the school case in topeka?" "We take the brown case to court next week." "We getting anywhere in virginia?" "If driving 300 miles every week on bumpy roads" "Is getting somewhere." "I was in prince edward yesterday." "Those kids are as brave as I've seen," "But you know how tough" "Virginia's going to be, thurgood." "What about delaware, jack?" "Got superior expert witnesses." "Judge sykes is tough but he's fair." "And washington, d.C.?" "Jim nabrick is going his own way." "He's challenging segregation head-on." "No reference at all" "To making separate schools equal." "Bob, I want you to prepare" "An appeal on the clarendon case." "I want it ready just in case we decide" "To go to the supreme court." "In case?" "Thurgood, we have got to go." "Look, we all know what's right and what's just." "I'm worried about the timing." "Chief justice vinson and the current lineup" "Of justices on the court" "Leave a lot of questions." "And may I tell you guys something else?" "We are way out in front of our constituency." "We have got to decide something." "Jack." "Were you able to help that lady in norfolk?" "Turns out that bag of peanuts the boy took..." "Was one of those 100-pound burlap bags." "He also stole the truck the bag was in." "I have decided to bring" "The mountain to muhammad." "There are many of us across the country" "Who are convinced you are in error." "We are very concerned about the leadership" "Of the naacp." "Against the advice of many of us," "You decided to make a bare-bones challenge" "To the legality of segregation" "In south carolina," "And you got a bare-bones answer." "You went for a home run and struck out." "The favorable supreme court decisions" "In the graduate school cases" "Show us the path to success." "By working within the plessy decision" "And using separate but equal," "We can win cases." "And with each victory," "Many children's lives become better." "Mr. Marshall, my great fear" "Is that you will take the south carolina case" "To the supreme court." "It's one thing to lose in south carolina," "Quite another to lose in the supreme court." "We should be pursuing" "Equality in public schools," "A goal within our reach." "Do you believe there is such a thing" "As separate equality?" "I am not in favor of separate anything," "But I want to win." "There are those who believe that if we don't" "Challenge the legality of segregation head-on," "We will continue to get the same thing" "We have been getting all these years" "Separate, but never equal." "But to do that is to put at risk" "All of the progress that we have made." "Unfortunately, miss hampton," "There are no easy answers." "Everything we do..." "Involves risk." "[telephone rings]" "Mr. Davis' office." "Good morning." "Yes." "I see." "I'll inquire as to mr." "Davis' availability." "Just a moment." "Uh, mr." "Davis." "Governor byrnes' secretary" "Is calling long distance" "From south carolina." "The governor would like to come to new york" "To meet with you." "Tell the lady I would welcome" "Seeing my old friend the governor." "Oh, and, uh, suggest to her" "That he escape the southern summer" "And join me on long island for the weekend." "Yes, sir." "[horn honks]" "Hi there!" "Jimmy." "I see you've renewed your acquaintance with julia." "Yes, and a handsome daughter you have, john." "Your mother would be proud." "How about some iced tea?" "Or perhaps something a bit stronger?" "Well, iced tea would be fine." "When jimmy and I were a couple of young boys" "In congress in washington," "His preference for drinking..." "Was a little bolder." "Well, 30 years changes a man." "For the collection, julia." "Your father's genius has made him" "An unpopular figure in certain high places" "In washington." "Thank you, jimmy." "Always pleased to be perceived as a genius." ""mr." "Chalmers roberts says," ""seldom has a courtroom sat" ""in such silent admiration" "For a lawyer at the bar."" "The law..." "The law was on our side." "You were a master for it." "You pinned the government's ears back." "I'm still just a country lawyer at heart," "A skilled technician." "Lawyers don't do very much anyway." "They don't build, they don't erect," "They don't paint anything." "All they do is lubricate the wheels of society." "John..." "I am up here to ask for your help" "On behalf of the south you love." "The clarendon county school case" "Has become a problem." "The naacp seems to be" "Keeping you folks on your toes, huh?" "Well, I'm prepared to confess to past sins." "Some of our schools are a disgrace." "We're going to spend $75 million" "To bring those schools up to snuff." "We will live up to the equal in separate but equal." "But an order to integrate our schools" "Coming down from washington" "Would cause chaos." "You can't ask people to change overnight." "Feelings run too deep." "The case may go before the supreme court." "Well, surely, the naacp must know" "That the supreme court is not likely" "To give them the decision they want." "You have to be prepared." "You've done great service at the bar" "For your country." "Your talents may be required once more." "Jim, I've argued 138 cases in that court." "This case could be" "More important than any of the others" "More important than any case of our generation." "It challenges the right of the states" "To make their own laws." "John..." "If this case goes to the supreme court," "I'm going to need you." "[car door slams]" "[dog barking]" "[car starts]" "[car drives away] [dog barking]" "Oh, my god." "Fire!" "You and the children get out of the house!" "The place is on fire!" "Everybody get out." "Come on, come on!" "Hurry!" "Get out!" "Come on, come on, come on!" "Go right to the pump." "Get a bucket." "Hurry, joseph." "Go on, go on!" "Come on, son." "That's right." "Go ahead!" "Go ahead!" "That's right." "Run, boy, run!" "Come on, come on!" "Run, run!" "[siren blares]" "Hose down the roof!" "Come on, we'll help them" "With the hoses." "Real sorry, reverend." "But the district line is here." "We don't have authority to cross over it." "You'll have to get the scott's branch unit" "To come help you." "I don't care about the scott's branch line!" "My house is burning down!" "You've got to stop it!" "Let's go, boyd." "[telephone rings]" "[ring]" "[ring]" "Hello." "Wife and children ok?" "Thank you." "Bastards." "[applause]" "I'm sorry, ma'am, but there's no more room." "I'm expected." "I'm mr." "Marshall's wife." "There's a great deal to be said" "For separate negro schools." "Is this not better than making our boys and girls" "Like doormats to be trampled and spit upon" "And called niggers?" "I say it's time we stop peering" "Through white schoolhouse windows" "Like orphans at christmas eve." "Let us make our schools equal and excellent." "The courts can be counted on" "To give us equal schools," "But they cannot be counted on" "For desegregation." "We don't know that." "The only way to find out" "Is to ask the supreme court." "Now, what troubles me is," "What will they do when we ask them" "To either repudiate or reaffirm the plessy decision" "And separate but equal?" "That's what many of us have been saying all along." "The naacp should not be reaching for glory." "If mr." "Marshall takes us to the supreme court" "At the wrong time," "He is taking us over a cliff," "Provoking a negative ruling" "That could last another generation." "Wait a minute." "Let me ask a question." "Law students," "How many of you went to segregated schools?" "Segregated colleges?" "Segregated law schools?" "Here we are," "Citizens of the united states of america." "How can we continue to tolerate a segregated society?" "We must attack segregation head-on." "[applause]" "Mr. Marshall, I know I speak for many of us." "Let's not risk the setback" "That a negative supreme court ruling" "Would represent." "Let's push hard in the lower courts." "We can win victories" "And gain more credibility for our cause," "And we won't come up empty." "Can..." "I promise you success?" "Is that the question?" "Can I promise you victory?" "The answer is no." "But..." "Do you want..." "To continue dancing to the tunes" "Of the jimmy byrneses of the world?" "Do you wish to wait" "For the great leaders of the south" "To decide when it is time" "To grant democracy's rights" "To your children's children..." "Or to their children's children?" "This..." "Is 1952!" "300 years..." "Since our forefathers and mothers" "Were brought to this land..." "As cargo on slave ships." "Nearly 100 years..." "Since the emancipation proclamation." "If..." "There is a problem about community attitudes" "And getting people to obey the law," "Let the supreme court worry about it." "Let the supreme court take the blame" "If it dares to say to the rest of the world," ""yes, american democracy rests" "On a legalized caste system."" "The naacp has taken a decision" "To fight, to strike down segregation," "And we will go" "Where we said we will go." "Let the supreme court decide." "You know the difference between doctors and lawyers?" "Doctors can bury their mistakes." "Good morning, father." "Dearest julia." "You're busy." "Oh, I'm never too busy for you." "Now, tell me." "To what do I owe this happy surprise?" "I've been thinking." "Father, I don't think" "That you should take the segregation case." "And why is that?" "I think that times are changing," "And times will have to change in the south, too." "Times are always changing, julia." "If you take the case," "It will appear that you are against the negro." "I treasure this." ""to john w." "Davis from a grateful people," ""for his efforts" ""in fighting the cause of human rights" ""for the negroes of west virginia" "And the nation."" "Sudden integration could turn out to be" "The worst thing for the cause of the negro." "Even if true, that is not a very popular position." "Oh, nonsense, julia." "I've defended giant corporations." "And I defended eugene v. Debs," "Socialist labor leader," "Charged with inciting a riot" "At a coal miners' strike." "In west virginia." "Alger hiss, bob oppenheimer" "Popular?" "In 50 years, I've never taken a case" "Because it was popular or unpopular." "I choose my cases based on the law." "The law guides me." "What kind of law is this?" "The framers of the constitution" "Understood correctly" "That the greatest protection" "For human freedom" "Was local autonomy" "The government close to the people." "This case challenges" "The right of the states" "To make and enforce their own laws." "If segregation is to be outlawed," "It must be done by an act of congress" "Or an amendment to the constitution." "I believe it's wrong" "For nine men in washington" "To tell a man in south carolina" "Who his daughter ought to" "Sit next to in school." "I'm going to take this case, julia," "And I'm going to win it." "[triangle rings]"