Brown v. Bd. of Ed. of Topeka, (Brown I), 347 U.S. 483 (1954)
Author: Sam Biers

Facts: Four States: KS; S.C; VA; and DE enacted laws that segregate public schools.

Issue(s): Whether segregation of children in public schools solely on the basis of race, even though tangible factors may be equal, deprive those children of the minority group equal educational opportunities and thus equal protection under the law?

Holding: Yes.  Pls and others similarly situated, seeking relief by reason of segregation in public educational facilities, are deprived of the equal protection of the laws under the 14^th.  

Procedure: Fed D.Ct denied relief to Pls (minor African Am. students) in KS, S.C, and Va under separate but equal doctrine, in DE S.Ct relied on the doctrine but ordered Pls admitted to white schools b/c of their superiority to non-white schools.  U.S. S.Ct took argument, then Reargument the following term devoted to the attendant facts related to the adoption of the 14^th Amendment. Reversed and overruled Plessy.  B/c these are class actions, etc., with the full assistance of parties in formulating decrees, cases requiring resolution to other questions presented but not addressed will be placed back on the docket for further argument.

Rule(s): 14^th and Plessy.

Rationale:   B/c of the adverse treatment of African Ams. it is not surprising that little history exists regarding the effects of 14^th on public education in this country.   In all the cases before this court, (6), the separate but equal doctrine has not been used to invalidate a state law that segregated.  The decision today does not rest on comparisons of tangible factors between white and non-white schools, but instead look to the effect segregation has on public education.

Public education is the most important function of state and local govt.  It is a principal means of awakening cultural values in a child, preparing him for later professional training, and help him adjust to his environment normally.  It is doubtful that he will succeed in life if denied the opportunity of an education. 

 In Sweatt a segregated law school was found to be unable to provide African Ams students equal educational opportunities b/c the qualities are incapable of objective measurement that establish the greatness in a law school.  Separation of children of similar age/qualifications on the basis of race generates feelings of inferiority as to their status in the community.

Modern requirements demand that Plessy’s doctrine of separate but equal has not place in the field of public education.  Separate educational facilities are inherently unequal.

Pl’s A: Segregated public schools are not equal and cannot be made equal, thus African Am. students are deprived of the equal protection of the law.