Civil Rights. 42 U. S. C. Section 1982. Black Homebuyers Are Entitled to Damages Equal to the Increments in Prices of Homes in Black Neighborhoods That Result from Dual Housing Markets Caused by Racial Discrimination. Clark v. Universal Builders, Inc., 501 F. 2d 324 (7th Cir.), Cert. Denied, 95 S. Ct. 657 (1974)

1975 ◽  
Vol 88 (7) ◽  
pp. 1610
1976 ◽  
Vol 10 (3) ◽  
pp. 313-328
Author(s):  
S. G. F. Spackman

Charles Sumner's Supplementary Civil Rights Bill, which after a tortuous legislative history became law as the Civil Rights Act of 1875, was intended to spell out in specific terms the procedural guarantees of the Thirteenth and Fourteenth Amendments and so to outlaw racial discrimination in public accommodation, entertainment and transport, in juries, churches and publicly supported schools and charities. The measure was not only the culmination of Sumner's life-long efforts on behalf of the Blacks, but also the only comprehensive attempt made by Congress during Reconstruction to secure racial equality. Yet the purpose of the Act was undermined even before its passage by die racial ambivalence and political calculations of its supporters, while the challenge it made to traditional concepts of American federalism was defeated in 1883 by the Supreme Court's decision that it was unconstitutional. The nature and extent of this challenge, however, becomes apparent only in the context of the pressures that shaped Republican legislation.


2020 ◽  
Vol 38 (3) ◽  
pp. 599-619
Author(s):  
Christopher W. Schmidt

In this essay I consider why debates over applying anti-discrimination norms to public accommodations have long been, and remain today, such a resilient presence in the history of the United States. I use as my starting point the most famous iteration of this phenomenon, the national debate sparked by the 1960 sit-in movement and culminating in the passage of the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation. The battle over racial discrimination and public accommodations in the early 1960s illuminates the moral issue at the heart of the issue, the lines of argument that characterize the debate over how to define legal rights in this area, and the ways in which different legal institutions have resolved, or failed to resolve, the issue. I then move backward time, highlighting the continuities between this episode and the struggle over race and public accommodations during Reconstruction. The history of the civil rights era provides a useful framework to analyze the terms of debate from a century earlier, and it provides particular insights into the significance of the concept of public rights that Rebecca Scott has so effectively brought to our attention.


Author(s):  
Christopher W. Schmidt

One of the most significant protest campaigns of the civil rights era, the lunch counter sit-in movement began on February 1, 1960 when four young African American men sat down at the whites-only lunch counter of the Woolworth store in Greensboro, North Carolina. Refused service, the four college students sat quietly until the store closed. They continued their protest on the following days, each day joined by more fellow students. Students in other southern cities learned what was happening and started their own demonstrations, and in just weeks, lunch counter sit-ins were taking place across the South. By the end of the spring, tens of thousands of black college and high school students, joined in some cases by sympathetic white students, had joined the sit-in movement. Several thousand went to jail for their efforts after being arrested on charges of trespass, disorderly conduct, or whatever other laws southern police officers believed they could use against the protesters. The sit-ins arrived at a critical juncture in the modern black freedom struggle. The preceding years had brought major breakthroughs, such as the Supreme Court’s Brown v. Board of Education school desegregation ruling in 1954 and the successful Montgomery bus boycott of 1955–1956, but by 1960, activists were struggling to develop next steps. The sit-in movement energized and transformed the struggle for racial equality, moving the leading edge of the movement from the courtrooms and legislative halls to the streets and putting a new, younger generation of activists on the front lines. It gave birth to the Student Nonviolent Coordinating Committee, one of the most important activist groups of the 1960s. It directed the nation’s attention to the problem of racial discrimination in private businesses that served the public, pressured business owners in scores of southern cities to open their lunch counters to African American customers, and set in motion a chain of events that would culminate in the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation.


Author(s):  
Tanya Katerí Hernández

Commanding greater public attention is the idea that discrimination against multiracial (racially-mixed) people is a distinctive challenge to the enforcement of civil rights law. This perspective is based upon the belief that multiracials experience racial discrimination in a unique manner that makes it necessary to reformulate traditional civil rights law. Multiracials and Civil Rights, based upon a close examination of many multiracial discrimination legal cases in a variety of equality law contexts, demonstrates the fallacy and danger of that conjecture. The book elucidates the distinction between the presumed exceptional space that multiracial persons are rhetorically imagined to occupy in the public discourse, and the binary non-white versus white realities they actually experience when targeted for discrimination. Rather than point to a need for a shift away from the existing civil rights laws, the cases instead indicate the need for further support of the current structures. The book concludes that multiracial discrimination cases are helpful in highlighting the continued need for attention to white supremacy and for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites.


1970 ◽  
Vol 64 (2) ◽  
pp. 367-388 ◽  
Author(s):  
Joel D. Aberbach ◽  
Jack L. Walker

Angry protests against racial discrimination were a prominent part of American public life during the 1960's. The decade opened with the sit-ins and freedom rides, continued through Birmingham, Selma, and the March on Washington, and closed with protests in hundreds of American cities, often punctuated by rioting and violence. During this troubled decade the rhetoric of protest became increasingly demanding, blanket charges of pervasive white racism and hostility were more common, and some blacks began to actively discourage whites from participating either in protest demonstrations or civil rights organizations. Nothing better symbolized the changing mood and style of black protest in America than recent changes in the movement's dominant symbols. Demonstrators who once shouted “freedom” as their rallying cry now were shouting “black power”—a much more provocative, challenging slogan.The larger and more diverse a political movement's constituency, the more vague and imprecise its unifying symbols and rallying cries are likely to be. A slogan like black power has no sharply defined meaning; it may excite many different emotions and may motivate individuals to express their loyalty or take action for almost contradictory reasons. As soon as Adam Clayton Powell and Stokely Carmichael began to use the phrase in 1966 it set off an acrimonious debate among black leaders over its true meaning. Initially it was a blunt and threatening battle cry meant to symbolize a break with the past tactics of the civil rights movement.


Author(s):  
Desmond S. King ◽  
Rogers M. Smith

This chapter illustrates the conflicting approaches advanced by today's racial alliances on issues of race equality in the workplace, as on so many other topics—conflicts that include disagreements not only over formal affirmative action programs but also over the legitimacy of race-conscious policymaking of any sort. It is no accident when these issues emerge with particular intensity in employment policy. No area of American life is more central to the quest to eradicate unjust material racial inequalities. This is why, as the chapter shows, previous struggles on racial equality focused so strongly on equality in the workplace. While such actions were hailed by many veterans of the civil rights movement as necessary, color-blind proponents came to assail these as new forms of unjust racial discrimination. Contestation over these policies became the central “battleground” around which modern racial policy coalitions formed.


Author(s):  
Sonja D. Williams

This chapter focuses on Richard Durham's days after his departure from the United Packinghouse Workers of America (UPWA). Forced to resign from the UPWA after his failed power play, Durham felt betrayed. He decided to write a novel based on his UPWA experiences. While he worked on his novel, Durham returned to freelancing. He found a national audience for Destination Freedom, reworked his “The Heart of George Cotton” and “Denmark Vesey” scripts for the CBS Radio Workshop, born in 1936 as The Columbia Workshop. He also got an offer from the Chicago-based Nation of Islam (NOI) to serve as editor of its newspaper, Muhammad Speaks, at a time when civil rights protests were intensifying as blatant racial discrimination and inequality continued to disenfranchise African Americans. The tensions reached a boiling point in April 1968, when Dr. Martin Luther King Jr. was assassinated, sparking riots in various cities.


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