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Brown
Revisited
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Revisited
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Introduction
The Cases
The Precedents
Initial Argument: 1952
The Arguments Against Segregation
The Arguments for Segregation
The 1952 Deliberations
Reargument: 1953
The Final Showdown: Marshall and Davis
The 1953 Deliberations
The Opinions: May 17, 1954
Transcripts
The complete transcript of all cases
Overview
The story behind the project
The Oyez Project
A complete audio archive for the Supreme Court of the United States
1954 - 2024
Introduction
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Washington, D.C.
Marshal
Oyez! Oyez! Oyez!
Narrator
May 17, 1954: Lawyers, reporters, and spectators have gathered at the U.S. Supreme Court for something unusual. The Marshal calls the room to order.
The Marshal's cry from his desk. Credit: Dennis Glenn.
Marshal
All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention.
Narrator
Attention isn't in short supply. The new Chief Justice Earl Warren is preparing to read a momentous opinion - one that will cause a legal and cultural earthquake across the country.
Chief Justice Earl Warren
Recreated Voice
These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware.
Great Hall. Supreme Court of the United States. Credit: Dennis Glenn.
Narrator
In fact, there are four cases rolled into one. Together, they pose one fundamental question: Does the Constitution allow
states
to segregate public schools? The opinion is known by the first case before the court: Brown v. the Board of Education of Topeka, Kansas, or Brown v. Board.
Warren spends a few minutes explaining the aftermath of a Supreme Court case from 1896, Plessy v. Ferguson. It established the doctrine of so-called "separate but equal" segregation. But at this point, it's still unclear which way the justices have decided. Then, Warren gets to the part that changed history.
Brown
slip opinion. Credit: Papers of Earl Warren. Manuscript Division. Library of Congress.
Chief Justice Earl Warren
Recreated Voice
We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.
Brown
slip opinion. Credit: Papers of Earl Warren. Manuscript Division. Library of Congress.
Narrator
We believe that it does.
To people in the room, those five words signal what's about to come—a complete reversal of a doctrine that allowed schoolchildren to be educated differently based on the color of their skin. Warren continues:
Chief Justice Earl Warren
Recreated Voice
We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we unanimously hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Brown
slip opinion. Credit: Papers of Earl Warren. Manuscript Division. Library of Congress.
Narrator
Earl Warren has added the word "unanimously." People in the room gasp. It is unexpected.
Let's pause here for a quick explanation of what you're hearing. No microphones recorded Warren's words that day in 1954. The court didn't start recording its proceedings regularly until the following year. But this is Warren's voice. Combining other recordings of the Chief Justice with an actor's performance, you're hearing a digitally recreated version of his voice reading the transcript of the Brown decision.
Warren's opinion ends with the standard language indicating that the Supreme Court expects its ruling to be followed across the country:
Chief Justice Earl Warren
Recreated Voice
It is so ordered.
Brown
slip opinion. Credit: Papers of Earl Warren. Manuscript Division. Library of Congress.
Narrator
If only it were that simple. For decades after that 1954 ruling, states would fight the Court's order to integrate schools. And even today, 70 years later, forms of racial segregation remain in the United States. But Brown v. Board marked a turning point, as the nation's highest court began dismantling legal segregation.
On this website, we've recreated the historic oral arguments in the Brown v. Board cases, an epic clash of legal titans that led to the decision. Using the latest voice replication techniques, we've cloned the voices of key participants. That includes Thurgood Marshall, the legendary civil rights lawyer who won this case and who went on to become the first Black justice on the Supreme Court.
Thurgood Marshall outside SCOTUS, 1955
Thurgood Marshall
Recreated Voice
I think when we predict what might happen, I know in the South where I spent most of my time, you will see white and colored kids going down the road together to school. They separate and go to different schools, and they come out and they play together. I do not see why there would necessarily be any trouble if they went to school together.
Narrator
We invite you to explore the site and listen in on these oral arguments, which no one outside the Court's marble walls has ever heard before.
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The Cases
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