All language subtitles for Separate But Equal 1991 Part1

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 makin' a mess
with this bus business.

Some say you're
in on it, too.

Now, look, delaine,
briggs is suin' 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 snoopin' 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. 35 years.

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]