chapter 21 civil rights by xx6kR4zN



                         Chapter 21: Civil Rights

                    Section 1: Taking on Segregation

I.   The Segregation System
     A. Civil Rights Act of 1875: the act outlawed segregation in public facilities
        (challenged in 1883 and found unconstitutional by an all-white Supreme
        Court-see case below)
              1. Facts of the Case
                a. The Civil Rights Act of 1875 affirmed the equality of all
                   persons in the enjoyment of transportation facilities, in hotels
                   and inns, and in theaters and places of public amusement.
                   Though privately owned, these businesses were like public
                   utilities, exercising public functions for the benefit of the
                   public and, thus, subject to public regulation. In five separate
                   cases, a black person was denied the same accommodations as
                   a white person in violation of the 1875 Act.
              2. Question
                a. Does the Civil Rights Act of 1875 violate the 10th Amendment
                   of the Constitution which reserves all powers not granted to the
                   national government to the states or to the people?
              3. Conclusion
                a. The Fourteenth Amendment restrains only state action. And the
                   fifth section of the Amendment empowers Congress only to
                   enforce the prohibition on state action. The amendment did not
                   authorize national legislation on subjects which are within the
                   domain of the state. Private acts of racial discrimination were
                   simply private wrongs that the national government was
                   powerless to correct.
     B. Plessy v. Ferguson (1896)
              1. Facts of the Case
                a. The state of Louisiana enacted a law that required separate
                   railway cars for blacks and whites. In 1892, Homer Adolph
                   Plessy--who was seven-eighths Caucasian--took a seat in a
                   "whites only" car of a Louisiana train. He refused to move to
                   the car reserved for blacks and was arrested.
              2. Question
                a. Is Louisiana's law mandating racial segregation on its trains an
                   unconstitutional infringement on both the privileges and
                   immunities and the equal protection clauses of the Fourteenth
              3. Conclusion (because of the ruling in this case, Jim Crow laws
                  were passed throughout the South)
                a. No, the state law is within constitutional boundaries. The
                   majority, in an opinion authored by Justice Henry Billings
                   Brown, upheld state-imposed racial segregation. The justices

                    based their decision on the separate-but-equal doctrine, that
                    separate facilities for blacks and whites satisfied the Fourteenth
                    Amendment so long as they were equal. (The phrase, "separate
                    but equal" was not part of the opinion.) Justice Brown
                    conceded that the 14th amendment intended to establish
                    absolute equality for the races before the law. But Brown noted
                    that "in the nature of things it could not have been intended to
                    abolish distinctions based upon color, or to enforce social, as
                    distinguished from political equality, or a commingling of the
                    two races unsatisfactory to either." In short, segregation does
                    not in itself constitute unlawful discrimination.
      C. After the Civil War, some African Americans tried to escape
         Southern racism by moving north
               1. Many left the South in order to find jobs in the North during WW
               2. African Americans quickly discovered that discrimination also
                  existed in the North
                    a. Many African Americans had to live in all black
                        neighborhoods and were resented b/c they competed with
                        whites for jobs
      D. The events of WW II set the stage for the civil rights movement
               1. Demand for soldiers created a shortage in white male workers
                    a. The labor shortage created job opportunities for blacks
               2. Nearly one million African Americans served in the armed
                  forces, which needed so many fighting men the military had to
                  end its discriminatory policies
                    a. African Americans returned home determined to fight for
                        their own freedom
               3. During WW II, civil rights organizations campaigned for
                  African-American voting rights and challenged Jim Crow laws
                    a. FDR responded by issuing executive orders prohibiting
                        racial discrimination by federal agencies and all companies
                        that were engaged in war work
II.   Challenging Segregation in Court
      A. The NAACP legal strategy focused on the inequality b/w the separate
         schools that many states provided (Plessy v. Ferguson-separate but
         equal is OK)
               1. Harvard University law professor and chief legal counsel for the
                  NAACP, Charles Hamilton Houston, realized the nation
                  spent ten times as much money educating a white child as an
                  African-American child
                    a. In 1938, he placed a team of his best law students under the
                        direction of Thurgood Marshall
                    b. Thurgood and his team of lawyers won 29 out of 32 cases
                        argued before the Supreme Court
               2. Many cases chipped away at segregation

                      a. Morgan v. Virginia (1946): Supreme Court declared
                          unconstitutional those state laws mandating segregated
                          seating on interstate buses
                      b. Sweatt v. Painter (1950): Supreme Court ruled state law
                          schools must admit black applicants, even if separate black
                          schools existed
       B. Brown v. Board of Education (1954-Civil Rights)
          -The father of eight-year-old Linda Brown had charged the board of
          education of Topeka, Kansas, with violating Linda’s rights by denying her
          admission to an all-white elementary school four blocks from her house
          (the nearest all-black elementary school was 21 blocks away)
                1. Facts of the Case:
                      a. Black children were denied admission to public schools
                          attended by white children under laws requiring or
                          permitting segregation according to the races. The white
                          and black schools approached equality in terms of
                          buildings, curricula, qualifications, and teacher salaries.
                          This case was decided together with Briggs v. Elliott and
                          Davis v. County School Board of Prince Edward County.
                2. Question:
                      a. Does the segregation of children in public schools solely on
                          the basis of race deprive the minority children of the equal
                          protection of the laws guaranteed by the 14th Amendment?
                3. Conclusion:
                      a. Yes. Despite the equalization of the schools by “objective”
                          factors, intangible issues foster and maintain inequality.
                          Racial segregation in public education has a detrimental
                          effect on minority children because it is interpreted as a
                          sign of inferiority. The long-held doctrine that separate
                          facilities were permissible provided they were equal was
                          rejected. Separate but equal is inherently unequal in the
                          context of public education. The unanimous opinion
                          sounded the death-knell for all forms of state-maintained
                          racial separation.
III.   Reaction to the Brown Decision
       A. Within a year, more than 500 school districts had desegregated their
                1. In some states the KKK reappeared and White Citizens
                    Councils boycotted businesses that supported desegregation
                2. In 1955 the Supreme Court handed down a second ruling, known
                    as Brown II, which ordered school desegregation implemented,
                    “with all deliberate speed.”
                      a. President Eisenhower, initially, refused to enforce
       B. Brown v. Board of Education II (1955)
                1. Facts of the Case:

              a. After its decision in Brown I which declared racial
                  discrimination in public education unconstitutional, the
                  Court convened to issue the directives which would help to
                  implement its newly announced Constitutional principle.
                  Given the embedded nature of racial discrimination in
                  public schools and the diverse circumstances under which it
                  had been practiced, the Court requested further argument
                  on the issue of relief.
        2. Question:
              a. What means should be used to implement the principles
                  announced in Brown I?
        3. Conclusion:
              a. The Court held that the problems identified in Brown I
                  required varied local solutions. Chief Justice Warren
                  conferred much responsibility on local school authorities
                  and the courts which originally heard school segregation
                  cases. They were to implement the principles which the
                  Supreme Court embraced in its first Brown decision.
                  Warren urged localities to act on the new principles
                  promptly and to move toward full compliance with them
                  "with all deliberate speed."
C. In 1948, Arkansas became the first Southern state to admit African
   Americans to state universities without being required by a court
   order Little Rock, Arkansas
        1. The Little Rock, Arkansas school board was first in the South
            to announce compliance with Brown decision
              a. Little Rock citizens elected two men to the school board
                  who publicly backed desegregation-and the school
                  superintendent, Virgil Blossom, planned for desegregation
        2. In 1957, Governor Orval Faubus ordered Arkansas, National
            Guard to surround the all-white Central High School in an effort
            to prevent the “Little Rock Nine” (nine black students) from
            integrating the school (Faubus claimed he was worried about
            armed protesters)
              a. He was running for reelection and wanted to ensure his
                  victory by retaining the faithful segregationists
              b. A federal judge ordered Faubus to let the students into the
        3. The National Guard prevented the “Little Rock Nine” from
            entering Central High for three weeks
              a. A court order forced the governor to remove the
                  National Guard and allow the nine blacks to enter
              b. When the nine attempted to enter the school, a white mob
                  started rioting

              4. President Eisenhower federalized 1,000 National Guard
                  troops to protect the nine black students that finally entered
                  the school
                    a. At the end of the year, Faubus chose to shut down the
                         school rather than allow integration to continue
              5. Civil Rights Act of 1957: made it a federal crime to prevent
                  qualified voters from voting (Civil Rights Commission enforced
                  the law, but discrimination remained)
                    a. The law also gave the attorney general greater power over
                         school desegregation
                    b. Senator Lyndon B. Johnson, of Texas, put the time in to
                         push this bill through the Senate
IV.   The Montgomery, Alabama Bus Boycott
      A. On Dec 1, 1955, Rosa Parks, a seamstress and an NAACP officer,
         refused to give up her front row seat in the colored section of a bus to
         a white man
              1. Parks was arrested and convicted of violating the city’s
                  segregation laws
              2. Montgomery Improvement Association (MIA): group of local
                  civil rights leaders that persuaded the community to boycott the
                  city’s bussing system
                    a. Martin Luther King, Jr. (26-years-old) was the
                         spokesman for the MIA (Baptist minister)
                    b. King was an ordained minister and earned a Ph.D. in
                         theology from Boston University
              3. White radicals bombed King‟s home and other MIA leaders‟
                  houses, and some were fired from their job
                    a. King urged people to not respond with more violence
                    b. King was accused of being a Communist
                    c. In 1956, the Supreme Court declared Alabama’s
                         segregation laws unconstitutional
V.    Martin Luther King and the SCLC
      A. MIA transformed into Southern Christian Leadership Conference
         (SCLC-1957): alliance of church-based African-American organizations
         dedicated to ending discrimination
              1. The first director of the SCLC, Ella Baker, helped students at
                  Shaw University (all-black university) organize a national protest
                    a. Student Nonviolent Coordinating Committee (SNCC):
                         loose association of student activists throughout the South
                    b. Members of the SNCC didn’t always follow Martin Luther
                         King Jr. idea of meeting violence with nonviolence
VI.   The Movement Spreads
      A. Congress of Racial Equality (CORE): a northern based civil rights

              1. Stages the first sit-ins: African-American protesters sat down at
                 segregated lunch counters in Chicago and refused to leave until
                 they were served
              2. In 1960, African-American students from North Carolina’s
                 Agricultural and Technical College staged a sit-in at a white-only
                 lunch counter at a Woolworth’s store in Greensboro, North
                   a. Television crews broadcast the non-violent sit-ins, and
                      the violent responses into the homes of Americans
                   b. Americans could no longer deny the fact that racism

                  Section 2: The Triumphs of a Crusade

I.   Riding for Freedom
     A. Freedom Rides (1961): white and black civil rights activists that left D.C.
        for a trip through the South on busses
               1. CORE members made it as far as Anniston, Alabama before
                   their bus was fire-bombed by white mob
                 a. White racists jumped on the bus earlier with chains, brass
                     knuckles, and pistols threatening and beating the CORE
                 b. The bus company refused to carry the CORE members any
               2. When CORE was forced to call off the ride, members of the
                   SNCC continued the ride
                     a. When the SNCC reached Birmingham, Alabama,
                         policemen pulled them from the bus, beat them, and drove
                         them into Tennessee
               3. The members of the SNCC returned to a Birmingham bus
                   terminal and sat in the whites-only waiting room until the
                   issue was resolved
                     a. The bus driver would not transport them out of fear for his
                     b. U.S. Attorney General Robert Kennedy convinced the
                         bus driver to proceed
     B. Alabama officials promised Kennedy that the riders would be
        protected, but that didn‟t happen
               1. A white mob greeted the riders with bats and lead pipes when
                   they arrived in Montgomery, Alabama
                     a. There were no cops in sight to protect the riders
               2. The violence provoked exactly what the freedom riders

                    a. President Kennedy arranged for the Justice
                       Department to send 400 U.S. marshals to protect the
                       riders as they traveled to Jackson, Mississippi
                    b. The attorney general and the Interstate Commerce
                       Commission banned segregation in all interstate travel
                       facilities, including waiting rooms, restrooms, and lunch
II.   Standing Firm
      A. In Sept, 1962, the NAACP obtained a court order requiring the
         University of Mississippi to admit African American Air Force
         veteran applicant James Meredith
               1. Governor Ross Barnett refused to let Meredith register as a
                    a. President Kennedy ordered federal marshals to escort
                        Meredith to the registrar’s office
               2. On the night of Sept 30, riots broke out on campus, resulting in
                  two deaths
                    a. Thousands of soldiers were needed to stop the riots
                    b. Federal officials accompanied Meredith to class the
                        entire year and protected his parents from nightriders
                        who shot up their house
      B. Birmingham, Alabama was known for its strict enforcement of
         segregation in public life
               1. Reverend Fred Shuttlesworth, head of the Alabama Christian
                  Movement for Human Rights and secretary of the SCLC,
                  decided something needed to done in 1963
                    a. Martin Luther King, Jr. and the SCLC were invited to
                        help promote desegregation in Birmingham by using
                        non-violent sit-ins
                    b. On Good Friday, April 12, 1963, King and others were
                        arrested, but posted bail on April 20 and continued
               2. Over a thousand African-American children marched in
                  Birmingham on May 2 and another group marched on May 3
                  (“children‟s crusade”)
                    a. Police chief Bull Connor ordered the police to attack the
                        marchers with high-pressure hoses, dogs, and night-sticks
                    b. TV cameras caught ever moment and millions of viewers
                        witnessed the brutality (Birmingham officials felt pressured
                        to end segregation)
      C. In Albany, Georgia nonviolent protests were staged
               1. Police Chief Laurie Pritchett met nonviolence with
                    a. Using nonviolence, he arrested the protestors until no one
                        was left to protest

       D. On June 11, 1963, the president sent troops to force Governor George
          Wallace to honor a court order desegregating the University of
                1. JFK demanded that Congress pass a civil rights bill
                2. Shortly after JFK‟s speech, a sniper murdered Medgar
                    Evers, NAACP field secretary and WW II veteran on June
                    12, 1963
                      a. Police arrested, but quickly released white supremacist,
                          Byron de la Beckwith
                      b. Based on new evidence discovered in 1990, Beckwith
                          was placed on trial for the third time and finally found
                          guilty of murder on Feb 5, 1994 (life in prison-died in
III.   Marching on Washington
       A. In support of JFK‟s civil rights bill that he sent to Congress, labor
          leader A. Philip Randolph and Bayard Rustin of the SCLC
          summoned Americans to a march on Washington, D.C.
                1. On August 28, 1963, over 250,000 people, including 75,000
                    whites, stood on the lawn of the Washington Monument and
                    observed Martin Luther King, Jr. deliver the famous, “I Have a
                    Dream” speech
       B. Two weeks after the speech, four young Birmingham girls were killed
          when a rider through a bomb into the church
                1. In 2002, former Klansman Bobby Frank Cherry was
                    convicted of first-degree murder in the 1963 fire bombing of
                    the Birmingham church
                2. After JFK was killed, President Johnson pledged to carry on
                    JFK‟s work
                      a. Civil Rights Act of 1964: prohibited discrimination b/c of
                          race, religion, national origin, and gender, and gave all
                          citizens the right to enter libraries, parks, washrooms,
                          restaurants, theaters, and other public accommodations
IV.    Fighting for Voting Rights
       A. Freedom Summer: launched in 1964 as a campaign by CORE and the
          SNCC to register African American voters in Mississippi
                1. Mississippi population was 45% black, but only 5% of
                    African Americans could vote
                2. Thousands of student volunteers, most of them white, were
                    trained in nonviolent resistance and sent to Mississippi
                      a. Two white New Yorkers (Michael Schwerner and
                          James Chayney) and a black Mississippian (Andrew
                          Goodman), all civil rights workers, were killed by the
                      b. Many believe the FBI only got involved in the killings once
                          it was discovered that two white men were killed

         3. The state never charged anyone with murder, and federal
             statutes against murder didn‟t exist at the time
               a. The federal gov’t tried 18 men, including a part-time
                   Baptist preacher named Edgar Ray Killen, on charges of
                   conspiring to violate the civil rights of the victims
               b. On a 11-1 decision by the jury, he walked free (the lone
                   holdout said she could never convict a preacher)
         4. In 2005 Edgar Ray Killen, was found guilty on three counts
             of manslaughter
               a. The 1988 movie, Mississippi Burning, is based on this true
         5. Local blacks stopped registering to vote out of fear of being
               a. Civil Rights leaders called for a march from Selma,
                   Alabama to Montgomery, Alabama
B. In an effort to gain a seat in Mississippi‟s all-white Democratic Party,
   the SNCC organized the Mississippi Freedom Democratic Party
         1. Fannie Lou Hamer represented the party at the 1964 Democratic
             National Convention
               a. In a televised speech, she described how she was jailed for
                   registering to vote in 1962, and how police forced other
                   prisoners to beat her
         2. President Johnson feared he would loose the Southern white
             vote if the Democrats sided with the MFDP
               a. Johnson‟s administration made a deal that the
                   Democrats would give 2 of Mississippi‟s 68 seats to the
                   MFDP, and promised to ban discrimination at the 1968
C. In 1965, the SCLC conducted a major voting rights campaign in
   Selma, Alabama (the SNCC had already been working there for two
         1. Thousands were arrested and a demonstrator named Jimmy Lee
             Jackson was shot and killed
               a. Martin Luther King, Jr. responded by announcing a
                   march from Selma, Alabama to Montgomery, Alabama,
                   the state capital
         2. The nation watched as the marchers were attacked and
             beaten just outside of Selma by police
               a. Thousands of Americans poured into Selma to show
         3. President Johnson pushed the passage of a Voting Rights Act
             because of Bloody Sunday
D. Voting Rights Act of 1965: the act eliminated the so-called literacy tests
   that had disqualified many voters and stated that federal examiners could
   enroll voters who had been denied suffrage by local officials

              1. The number of African American voters rose from 10% in 1964
                 to 60% in 1968

          Section 3: Challenges and Changes in the Movement

I.   African Americans Seek Greater Equality
     1. The problem facing African Americans in the North was de facto
        segregation: segregation that exists by practice and custom in the North
              1. Eliminating de facto segregation involves changing peoples’
                  attitudes rather than repealing laws
                    a. De jure segregation: segregation by law, which was the
                         case in the South
                    b. It much more difficult to convince whites to share
                         economic power and social power (North) with African
                         Americans than to convince them to share lunch counters
                         and bus seats (South)
              2. As African Americans moved north to find jobs during WW
                  II, many whites moved to suburbs (“white flight”)
                    a. Most African Americans lived in sub-par housing, and
                         attended ill-equipped schools (unemployment was two-
                         times higher for blacks compared to whites)
              3. Police forces were often brutal in African American communities
                    a. Whites threw rocks and bottles and stoned King and his
                         followers as they marched down the Chicago streets in
                         protest of police brutality
     2. On August 11, 1965, one of the worst riots in U.S. history raged on the
        streets of Watts, a predominantly African-American neighborhood in
        Los Angeles
              1. The Watts Riots broke out in Los Angeles during a routine
                    a. The riots lasted 6 days, 34 were killed, and 4,000 were
                    b. Kerner Commission: federal report charged that white
                         racism was largely responsible for the tensions that led to
                         the riots
              2. African Americans burned down homes and businesses out of
                    a. The question that many whites had is, “Why would
                         African Americans burn down their own
                    b. African Americans felt where they lived, how they lived,
                         and what they had to tolerate was all created by white
              3. Before the riots started, Johnson announced his “War on

                    a. Martin Luther King, Jr. commented that, The Great
                        Society has been shot down on the battlefields of
II.   New Leaders Voice Discontent
      A. Malcolm Little was sent to prison at the age of 20 for burglary
         1. While in prison Malcolm X embraced the teachings of Elijah
         Muhammad‟s Nation of Islam or Black Muslims
                a. The X symbolizes his lost African surname
         2. Upon his release from prison in 1952, he became an Islamic minister
                a. He preached that whites were the cause of the black
                conditions and that blacks should separate from white society
                (advocated armed self-defense)
         3. Malcolm X received a great deal of publicity, which caused the
                a. His call for armed self-defense frightened most whites and
                many moderate African Americans
                b. Reports of the attention Malcolm X received awakened
                resentment in some other members of the Nation of Islam
      B. In March 1964, Malcolm broke with Elijah Muhammad over
         differences in strategy and doctrine and formed another Muslim
         1. Malcolm converted to orthodox Islam after a pilgrimage to Mecca
         in Saudi Arabia
                a. Malcolm witnessed all races worshipping together and realized
                harmony could exist
                b. After his trip to Mecca, Malcolm‟s attitude towards whites
                changed radically
         2. B/c of his split with the Black Muslim Malcolm worried his life was
         in danger (Feb 21, 1965 Malcolm X was assassinated)
      C. In 1966, James Meredith, the man who integrated the University of
         Mississippi, set out on what he called a “walk against fear.”
         1. Meredith was shot by a white racist and was too injured to
                a. Martin Luther King, Jr., of the SCLC, Floyd McKissick of
                CORE, and Stokely Carmichael of SNCC decided to finish what
                Meredith started
         2. The members of CORE and the SNCC became somewhat militant
         and began shouting phrases that promoted violence (Martin Luther
         King, Jr. tried to control the groups)
                a. Carmichael was arrested in Greenwood, Mississippi for setting
                up a tent on the grounds of an all-black high school
         3. Carmichael appeared at a rally beaten and bruised, which caused
         an uproar within the crowd
                a. Black Power: used by Stokely Carmichael in the 1960s that
                encouraged African-American pride and political and social

                    b. King urged Carmichael to stop using the phrase b/c he
                    believed it would provoke violence
       D. In 1966, Huey P. Newton and Bobby Seale founded the political party
       in Oakland, California known as the Black Panthers: promote self
       determination in black communities and fight police brutality in the ghetto
           1. Advocated self-sufficiency for African-American communities, as well
           as full employment and decent housing
           2. Also believed blacks should be exempt from military service b/c an
           unfair number of black youths had been drafted to serve in Vietnam
                    a. The Panthers dressed in black, preached self-defense, and sold
                    copies of the writings of Mao Zedong, the leader of the Chinese
                    Communist revolution
                    b. The Panthers were investigated by the FBI, but gained
                    popularity in many of the ghettos
III.   1968-A Turning Point in Civil Rights
       A. Martin Luther King, Jr. called a Poor People‟s March on Washington
           to protest the misuse of gov‟t funds
                 1. King went to Memphis, Tennessee to show support for garbage
                      workers strike on April 3, 1968
                    a. On April 4, 1968 King was killed by a sniper named James
                        Earl Ray, while standing on the hotel balcony
       B. Robert F. Kennedy was campaigning for the 1968 Democratic
           presidential nomination on the night of King‟s death
                 1. Kennedy was asked to cancel his appearance in an African
                      American neighborhood, but chose to appear and ask the
                      community to stay calm
                    a. Over 100 cities were engulfed in flames
                    b. Rioting occurred leaving 46 dead
                 2. In June 1968, Robert F. Kennedy was assassinated by a
                      Jordanian immigrant, named Sirhan Sirhan, who was angry
                      over Kennedy‟s support of Israel
IV.    Legacy of the Civil Rights Movement
       A. Kerner Commission (1968): committee President Johnson had appointed
           to study the causes of urban violence, issued a 200,000-word report
                 1. The panel listed one main cause of the violence; white racism
                    a. Johnson ignored most of the panels’ recommendation in an
                        effort to avoid agitating white Americans
       B. The civil rights movement ended de jure segregation by bringing
           about legal protection for the civil rights of all Americans
                 1. Civil Rights Act of 1968: ended discrimination in housing
                 2. Once school desegregation ended, many more African
                      Americans finished high school and the numbers attending
                      college increased
                 3. The civil rights movement also gave African Americans a
                      sense of pride
                    a. The black community proudly displayed their heritage

          b. College students demanded Black Studies programs
          c. More blacks were on TV and in film
        4. African Americans also made major political gains
          a. By 1970 2/3rds of African Americans were registered to vote
          b. African Americans holding office grew from fewer than 100 in
              1965 to more than 7,000 in 1992
C. African Americans still faced many challenges in the 1970s, such as
   poverty, discrimination, racism, etc
        1. Some felt more tax dollars should be spent on the inner city
            area(s) and forced busing would aid in desegregation
          a. Public support for the civil rights movement eroded b/c of
              urban riots and fear of the Black Panthers
        2. In 1996-1997, 28% of blacks in the South and 50% of blacks
            in the Northeast were attending schools with fewer than 10%
          a. Blacks have a poverty rate than his three times that of whites
        3. Affirmative Action (1960s): involve making special efforts to
            hire or enroll groups that have suffered discrimination
          a. By the late 1970s, some people began to criticize affirmative
              action programs as “reverse discrimination.”
D. Regents of the University of California v. Bakke
        1. Facts of the Case
          a. Allan Bakke, a thirty-five-year-old white man, had twice
              applied for admission to the University of California Medical
              School at Davis. He was rejected both times. The school
              reserved sixteen places in each entering class of one hundred
              for "qualified" minorities, as part of the university's affirmative
              action program, in an effort to redress longstanding, unfair
              minority exclusions from the medical profession. Bakke's
              qualifications (college GPA and test scores) exceeded those of
              any of the minority students admitted in the two years Bakke's
              applications were rejected. Bakke contended, first in the
              California courts, then in the Supreme Court, that he was
              excluded from admission solely on the basis of race.
        2. Question
          a. Did the University of California violate the Fourteenth
              Amendment's equal protection clause, and the Civil Rights Act
              of 1964, by practicing an affirmative action policy that resulted
              in the repeated rejection of Bakke's application for admission
              to its medical school?
        3. Conclusion
          a. No and yes. There was no single majority opinion. Four of the
              justices contended that any racial quota system supported by
              government violated the Civil Rights Act of 1964. Justice
              Lewis F. Powell, Jr., agreed, casting the deciding vote ordering
              the medical school to admit Bakke. However, in his opinion,

                       Powell argued that the rigid use of racial quotas as employed at
                       the school violated the equal protection clause of the
                       Fourteenth Amendment. The remaining four justices held that
                       the use of race as a criterion in admissions decisions in higher
                       education was constitutionally permissible. Powell joined that
                       opinion as well, contending that the use of race was
                       permissible as one of several admission criteria. So, the Court
                       managed to minimize white opposition to the goal of equality
                       (by finding for Bakke) while extending gains for racial
                       minorities through affirmative action.

                     Section 4: Culture and Counterculture

I.   Counterculture: a movement made up mostly of white, middle-class college
     youth who had grown disillusioned with the war in Vietnam and injustices in
     American during the 1960s (society based on peace and love)
     A. Generation gap: was created between baby boomers and their elders
        1. Questioned American values and blamed parents for problems in country
     B. Shaking the ivory tower
        1. 70% of students went on strike at the University of California at Berkley
            a. Felt traditional courses were worthless (“Shut this factory down.”)
        2. Hippies rejected the Establishment (mainstream America) and
            wanted to a counterculture
            a. Native Americans did not appreciate hippies dress
            b. Do whatever comes to mind and try to shock older Americans
        3. Hippies shared some of the beliefs of the New Left
            a. They felt American society-and its materialism, technology, and war-
                had grown hollow
            b. Influenced by the beats, many embraced Harvard psychology
                professor and counterculture philosopher Timothy Leary: “Tune
                in, turn on, drop out.”
     C. Elements of the counterculture
        1. Timothy Leary a Harvard professor was fired for using LSD with his
            a. He wanted people to drop-out of society
            b. STDs and drug addiction increased
        2. Haight-Ashbury district: a hippie neighborhood in San Francisco
            a. Joined rural communes to live in harmony with nature
            b. Hundreds of those joining the communes were misfits, drug peddlers,
                and violent
     D. The hippie era was marked by rock „n‟ roll music, outrageous clothing
        (tie-dyed T-shirts), sexual lenience, and illegal drugs (marijuana,
        1. Leary, an early experimenter with LSD, promoted the use of LSD as a
            “mind expanding” aid for self-awareness

          2. Some turned to Zen Buddhism, which professed one could attain
              enlightenment through meditation rather than reading scripture
II.    Questioning American Society
       A. 1950s 80%of Americans said religion could answer all problems and in
          1969 70% said religion was losing influence
          1. Nuclear age made traditional religious answers irrelevant
          2. Religious courses in college grew in popularity
       B. Pop artists: artists began selecting images that reflected everyday life (more
          1. Pop art was characterized by bright, simple, commercial-looking images
              often depicting everyday life
              a. Andy Warhol wanted to prove that everything can be mass produced
                  (mocked mass consumerism and America’s glorification of it)
              b. Warhol’s became famous for his bright silk-screen portraits of soup
                  cans, Marilyn Monroe, and other icons of mass culture (mass produced
                  and made to look impersonal)
III.   A Revived Women’s Movement
       A. Sparks of unrest
          1. Betty Friedan‟s The Feminine Mystique: rejected the popular idea that
              women were content with the roles of wife, mother, and homemaker
              a. Published The Fountain of Age: growing old does not mean growing
          2. National Organization for Women (NOW): lobbied for women’s rights
              a. 1968 disrupted Miss America pageant saying it degraded women
       B. A new generation
          1. Gloria Steinem was a feminist, who wrote After Black Power,
              Women‟s Liberation
              a. First openly feminist article
          2. Helped develop the National Women‟s Political Caucus
              a. Encouraged women to run for political office
IV.    Musical Revolution
       A. The rebellious musical revolution in the 50s carried over into the 60s
          1. British Invasion: arrival of English bands such as Beatles and Rolling
          2. Motown music: developed from blended traditional black music
          3. Amplified instruments were used
              a. Jimi Hendrix was the leading electric guitar player that died in 1970
                  from a drug overdose
              b. Singer Janis Joplin also died from a drug overdose in 1970
          4. Bob Dylan performed songs criticizing the Vietnam War
       B. Woodstock Music Festival
          1. Held in upstate New York on a farm for three days (400,000 people) in
              August 1969
              a. Jimi Hendrix, Janis Joplin, the Grateful Dead, etc played
          2. Marked the high and low points of the counterculture
              a. A young African American fan was beat to death in full view of fans

           b. Occurred at a free concert held at Altamont Raceway near San
     C. Sexual Revolution of the 1960s: America’s attitude toward sexual behavior
        became more casual and permissive
               1. The pill was introduced in 1960, which led to this increase in
                   sexual freedom
               2. TV, books, magazines, music, and movies began to address issues
                   that were once prohibited, particularly sexual behaviors and
V.   The Conservative Response
     A. Conservative voices, such as Richard Nixon‟s, expressed the anger people
        had regarding the countless changes occurring in American culture
               1. FBI Director J. Edgar Hoover issued a warning that
                   “revolutionary terrorism” was a threat on campuses and in
               2. Some conservatives felt the counterculture had abandoned rational
                   thought in favor of the senses and uninhibited self-expression
               3. The conservative movement propelled Richard Nixon into the
                   White House in 1968

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