Briggs v. Elliott
Encyclopedia
Briggs et al. v. Elliott et al., , commonly Briggs v. Elliott, was the first of the five cases combined into Brown v. Board of Education
(1954), the famous case in which the U.S. Supreme Court officially overturned racial segregation
in U.S. public school
s. The case challenged segregation in Summerton, South Carolina
.
At the time Brown reached the Supreme Court, South Carolina was one of 17 states that required school segregation. South Carolina law required incomplete segregation. Article 11, section 7 of the 1895 Constitution of South Carolina read as follows: "Separate schools shall be provided for children of the white and colored races, and no child of either race shall ever be permitted to attend a school provided for children of the other race." Section 5377 of the Code of Laws of South Carolina of 1942 read: "It shall be unlawful for pupils of one race to attend the schools provided by boards of trustees for persons of another race."
No one questioned that the Clarendon County schools were unequal. At the beginning of the appellate hearing at the U.S. District Court, the defendants admitted upon the record that "the educational facilities, equipment, curricula and opportunities afforded in School District No. 22 for colored pupils are not substantially equal to those afforded for white pupils."
The case began in 1947 as a request to provide bus transportation. In addition to having separate and very inferior facilities, black children had to walk to school, sometimes many miles. In the neighboring Jordan community, some children walked as many as 18 miles round-trip to school each day, and children had to frequently gather wood for heaters within schools. Knowing this, Summerton residents Harry and Eliza Briggs joined with 21 other families to find a school bus suitable for their children, but frequent maintenance led them to ask the local school superintendent, R.M. Elliott, for their own bus. Surmising that the white children rode buses -- the white schools in Clarendon County used 33 buses at the time for white students -- the Briggs family and many others contended black students could have at least one. Elliott refused, saying black citizens did not pay enough taxes to warrant a bus and that asking white taxpayers to fund that burden would be unfair.
In 1949 the NAACP
agreed to provide funding and sponsor a case that would go beyond transportation and ask for equal educational opportunities in Clarendon County. The first step was to craft a local petition for educational equality. This was done by Rev. Joseph Armstrong DeLaine
and Modjeska Monteith Simkins
, the noted South Carolina civil rights worker. Simkins organized a national charitable effort for the relief of the oppressed blacks of Clarendon County. Eventually, more than 100 Clarendon residents signed the petition.
Named first in the suit, Harry, a service station attendant, and Eliza, a maid, became the main named plaintiffs. Elliott was named the defendant.
DeLaine was a teacher at a local school in Silver and was soon fired. His wife Mattie was also fired from her position at Scott's Branch, as were all the other signers. The Briggses both immediately lost their jobs. Mr. Briggs relocated to Florida for the next ten years to support the family. DeLaine also relocated to New Jersey, and his family home in Clarendon County was burned twice.
Originally litigated by NAACP lawyer Robert L. Carter
, the Briggs case was notable for introducing into evidence the experiments of Kenneth and Mamie Clark, who used doll
s to study children's attitudes about race. Under tests performed by Clark, black students in segregated schools were shown a white doll and a black doll and asked which one they preferred. When a majority of black students indicated their preference for the white doll, Clark concluded that segregated schooling decreased black self-esteem. Clark failed to disclose, however, that black students attending integrated schools in Massachusetts were even more likely to choose the white doll.
in 1955 after surviving an attempted drive-by shooting
. Harry and Eliza Briggs, on behalf of whose children the suit was filed, lost their jobs. Harry spent more than a decade working in Florida to support the family. Eliza eventually joined her children in New York.
Eventually, the State of South Carolina awarded Eliza Briggs its highest civilian honor, the Order of the Palmetto
. Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson were awarded Congressional Gold Medals posthumously in 2003. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ180.108.
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
(1954), the famous case in which the U.S. Supreme Court officially overturned racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in U.S. public school
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
s. The case challenged segregation in Summerton, South Carolina
Summerton, South Carolina
Summerton is a town in Clarendon County, South Carolina, in the United States. The population was 1,061 at the 2000 census.-Geography:Summerton is at ....
.
Background
No one questioned that the Clarendon County schools were unequal. At the beginning of the appellate hearing at the U.S. District Court, the defendants admitted upon the record that "the educational facilities, equipment, curricula and opportunities afforded in School District No. 22 for colored pupils are not substantially equal to those afforded for white pupils."
The case began in 1947 as a request to provide bus transportation. In addition to having separate and very inferior facilities, black children had to walk to school, sometimes many miles. In the neighboring Jordan community, some children walked as many as 18 miles round-trip to school each day, and children had to frequently gather wood for heaters within schools. Knowing this, Summerton residents Harry and Eliza Briggs joined with 21 other families to find a school bus suitable for their children, but frequent maintenance led them to ask the local school superintendent, R.M. Elliott, for their own bus. Surmising that the white children rode buses -- the white schools in Clarendon County used 33 buses at the time for white students -- the Briggs family and many others contended black students could have at least one. Elliott refused, saying black citizens did not pay enough taxes to warrant a bus and that asking white taxpayers to fund that burden would be unfair.
In 1949 the NAACP
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
agreed to provide funding and sponsor a case that would go beyond transportation and ask for equal educational opportunities in Clarendon County. The first step was to craft a local petition for educational equality. This was done by Rev. Joseph Armstrong DeLaine
Joseph DeLaine
Reverend Joseph Armstrong DeLaine was a Methodist minister and civil rights leader from Clarendon County, South Carolina. He received a B.A. from Allen University in 1931, working as a laborer and running a dry cleaning business to pay for his education. DeLaine worked with Modjeska Simkins and...
and Modjeska Monteith Simkins
Modjeska Monteith Simkins
Modjeska Monteith Simkins was an important leader of African American public health reform, social reform and the civil rights movement in South Carolina.-Life:...
, the noted South Carolina civil rights worker. Simkins organized a national charitable effort for the relief of the oppressed blacks of Clarendon County. Eventually, more than 100 Clarendon residents signed the petition.
Named first in the suit, Harry, a service station attendant, and Eliza, a maid, became the main named plaintiffs. Elliott was named the defendant.
DeLaine was a teacher at a local school in Silver and was soon fired. His wife Mattie was also fired from her position at Scott's Branch, as were all the other signers. The Briggses both immediately lost their jobs. Mr. Briggs relocated to Florida for the next ten years to support the family. DeLaine also relocated to New Jersey, and his family home in Clarendon County was burned twice.
Decision
In 1952 the Supreme Court heard the case and returned it to the district court for rehearing after Clarendon County school officials sent a report on progress in making facilities equal. In March the district court again heard the case. The Court found that progress had been made towards equality. Thurgood Marshall argued that this may be true, but that the real issue was that as long as separation existed, the schools would be unequal. So the case was reappealed to the Supreme Court in MayOriginally litigated by NAACP lawyer Robert L. Carter
Robert L. Carter
Robert Lee Carter is a U.S. civil rights activist and judge.-Personal history and early life:Robert Lee Carter was born on March 11, 1917, in Careyville, Florida. While still very young, his mother moved north to Newark, New Jersey, where he was raised...
, the Briggs case was notable for introducing into evidence the experiments of Kenneth and Mamie Clark, who used doll
Doll
A doll is a model of a human being, often used as a toy for children. Dolls have traditionally been used in magic and religious rituals throughout the world, and traditional dolls made of materials like clay and wood are found in the Americas, Asia, Africa and Europe. The earliest documented dolls...
s to study children's attitudes about race. Under tests performed by Clark, black students in segregated schools were shown a white doll and a black doll and asked which one they preferred. When a majority of black students indicated their preference for the white doll, Clark concluded that segregated schooling decreased black self-esteem. Clark failed to disclose, however, that black students attending integrated schools in Massachusetts were even more likely to choose the white doll.
Outcomes
Although Brown resulted in a legal victory for the NAACP, it was a hollow victory for those associated with Briggs. Reverend Joseph De Laine, the generally acknowledged leader of Summerton's African-Americans at the time, had his church burned and he moved to New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1955 after surviving an attempted drive-by shooting
Drive-by shooting
A drive-by shooting is a form of hit-and-run tactic, a personal attack carried out by an individual or individuals from a moving or momentarily stopped vehicle without use of headlights to avoid being noticed. It often results in bystanders being shot instead of, or as well as, the intended target...
. Harry and Eliza Briggs, on behalf of whose children the suit was filed, lost their jobs. Harry spent more than a decade working in Florida to support the family. Eliza eventually joined her children in New York.
Eventually, the State of South Carolina awarded Eliza Briggs its highest civilian honor, the Order of the Palmetto
Order of the Palmetto
The Order of the Palmetto is the highest civilian honor awarded by the Governor of South Carolina. It is awarded to persons who make contributions of statewide significance. An auxiliary honor is "The Order of the Silver Crescent." Today it is awarded to persons who make community or professional...
. Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson were awarded Congressional Gold Medals posthumously in 2003. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ180.108.
See also
- List of United States Supreme Court cases, volume 342
- Full Text of Decision on FindLaw.com
- Good background with bibliography related to the case at The University of South Carolina-Aiken via archive.org
- Briggs Petition Petition of Harry Briggs, et al., to the Board of Trustees for School District No. 22. 11 November 1949. Clarendon County Board of Education, L14167. South Carolina Department of Archives and History, Columbia, South Carolina.