PLESSY V FERGUSON Interdisciplinary lesson To Kill A Mockingbird and Jim Crow Miss Anthony and Miss Toner

The South at the Turn of the Century: ■During Reconstruction, there was violent opposition against newly gained African American freedom, especially in the South. ■While African Americans could legally vote and hold office, the Southern states sought to weaken African American power. ■This was done using a broad system of legal policies which promoted discrimination and segregation.

Restrictions in the South: ■Voting Restrictions –Poll Tax –Grandfather clause ■Jim Crow Laws –Separation of black and white people in public and private facilities

Plessy v Ferguson: The Facts ■Separate Car Act (Louisiana) “All railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations.” ■Homer Plessy tested this law by sitting in a “whites-only” train car. When he was asked to move, he refused and was arrested.

Plessy v Ferguson Argument: Separate is NOT Equal ■Plessy argued that the Separate Car Act violated the 14 th Amendment. ■He argued that requiring black people to sit separately implied that black people were inferior and therefore unequal.

Plessy v Ferguson Decision: Social Equality ≠ Legal Equality ■Separate train cars were seen as an issue of social equality, which was not included in the 14 th Amendment. ■Justice Brown wrote, “if one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane.”

Plessy v Ferguson: The Dissenting Opinion ■Out of 9 justices, Justice Harlan was the only one to disagree with the court. ■He argued that the Constitution is color-blind and therefore does not allow “classes among citizens”

Plessy v Ferguson: The Repercussions ■Justice Harlan argued that the Court’s decision would lead to racial hatred and increased attacks against black peoples’ rights. ■Plessy v Ferguson set in place the doctrine of “Separate but Equal” and legalized segregation and discrimination. ■This doctrine would not be overturned until 1954, with the Brown v. Board of Education of Topeka decision to desegregate schools.

Socratic Seminar Questions: 1.What do you notice about the various reactions of the citizens of Maycomb to Tom Robinson’s trial? How do you think this would have compared to popular reactions to Plessy v. Ferguson? 2.Did the courts successfully uphold their reputation as the “great equalizer” during both of these trials? Why or why not? 3.Do you think courts today share similar biases to the courts in either of these trials, or do you think modern American society has successfully rid its judicial system of prejudice? 4.Why do you think that we look back on these decisions, fictional or not, and see them as ridiculous (i.e Tom shouldn’t have been convicted or “separate but Equal” is impossible)? Do these prejudices no longer exist, or are we, as a society, just better at hiding them?

Writing Assignment – Rewrite [his]story Directions: Summarize the events of either Tom Robinson’s trial in To Kill A Mockingbird, or the events of Plessy v Ferguson. For one of these events, rewrite history and thoughtfully present what YOU think should have happened. Would you have changed the outcome of the court case? How? If you think the courts came to the right decision for the case you chose, explain why. If you pick Tom Robinson’s trial, make sure you support your argument or rewrite with information from the book. Hand in this assignment before you leave this classroom.