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Extra resources for West's Encyclopedia of American Law - Milestones in the Law
Example text
We therefore refrain from speculating as to whether the court would also have found that segregation was detrimental to white children and impaired their educational and mental development. ” (p. ) C. Finding of Fact No. VIII fails to disclose that any of the appellants have been actually and personally harmed by segregation in the Topeka Schools. Finding of Fact No. VIII makes no specific reference to the individual appellants. It expresses only in broad generalities the effect of segregation in the public schools upon colored children as a class.
Oklahoma State Regents … present different aspects of this general question: To what extent does the Equal Protection Clause of the Fourteenth Amendment limit the power of a state to distinguish between students of different races in professional and graduate education in a state university? ” (p. ) To support this proposition the Court cites sixteen cases decided by federal courts and state courts of last resort, including Plessy v. Ferguson, supra. We do not believe that appellants suggest that the rights of the Negro citizens differ from the rights of the Mongolian citizen, Martha Lum.
The last sentence in Finding of Fact No. VIII summarizes the entire finding. ” We believe the court intended the finding to mean simply that colored children would be better off in integrated schools than they are in segregated schools. Conceding that that is the meaning of the finding, it does not amount to a finding of actual discrimination against colored children and in favor of white children upon the facts in this case. White children are not permitted to attend integrated schools in Topeka.