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SO 023 697

Wolowiec, Jack, Ed.Justice for All, All for Justice.American Bar Association, Chicago, Ill. SpecialCommittee on Youth Education for Citizenship.Department of Justice, Washington, D.C. Office of

Juvenile Justice and Delinquency Prevention.

9385- JS- CX--000317p.; Regular issues of this journal are covered in

"Current Index To Journals in Education" (CIJE).

American Bar Association, Special Committee on YouthEducation for Citizenship, 541 North Fairbanks,Chicago, IL 60611-3314.Collected Works Serials (022)

Update on Law-Related Education, Student Edition; n2

1993

MF01/PC01 Plus Postage.Citizenship Education; Criminal Law; Due Process;High Schools; *Justice; *Law Related Education;Racial Integration; Social StudiesBill of Rights; United States Constitution

This document presents three articles on law-relatededucation (LRE) written either by or for students. Brent Hailing, a

senior at Castle High School in Newburgh, Indiana, opens the

collection with an article on how due process protects rights.

Hailing explains the concept of due process and illustrates its reach

through the case of Kenneth Donaldson, whom the Supreme Court freed

in 1975 from a coerced confinement in a Florida mental hospital. Rima

Vesely, a senior at Lane Technical High School in Chicago, calls on

students to debate questions raised by four school-related Bill of

Rights cases. The cases include a First Amendment debate over the

restrictions on gang-related clothing, a Fourth Amendment caseinvolving a search of students' book bags, a Fourteenth Amendment

conflict over the right of an HIV sufferer to participate in sport

activities, and a civil rights case over equal access for girls and

boys to a school's athletic facilities. In a concluding article,

Ernest Greene, one of the first students to integrate Central High

School in Little Rock, Arkansas, offers a personal account of his

frightening experience of breaking through the racial barriers ofsouthern society. While applauding the Supreme Court decision in

Brown v. Board of Education and the Fourteenth Amendment upon which

it was based, Green makes it clear that the realization ofconstitutional rights depends foremost on the courage of citizens. Inaddition to these articles, the update contains the interactiveworksheets related to LRE: "Fill in the Blanks: Create Your Own Great

Quotes about Justice"; "Street Scene"; and "Word Search." (JD)

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Reproductions supplied by EDRS are the best thit can be madefrom the original document.

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U.$. DEPARTMENT Of EDUCATIONOdtce el Educatsoruil Research and ImprovementEDUCATIONAL RESOURCES INFORMATION

CENTER (ERIC)icskt.ss document has been reproduced as

etved Itom the person or cegenitationoriginating II

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Point* 01 view or opinions stated in this docu-men) do not necessarily repraen1 officialOE RI Position or policy

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C 1W-12)1N)1,;EY

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TO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERICI."

This publication was developed with the help of 10 teams of students and teachersfrom across the country. We thank them for a job well done.

The Update on Law-Related EducationStudent Edition

"Justice for All, All for Justice"

Marjorie A. Montgomery Jacob Paul GoldsteinFrank Ashley Day Junior High School

Newton North High SchoolNewtonville, Massachusetts

Editorial Advisory Board

Kaman Byrd Patricia Banks-SlaughterBeaumont High School

St. Louis, Missouri

Paul Nicolson Simone A. DonahueClara Driscoll M'ddle School

San Antonio, Texas

Lily Aguirre LeAnna MorseMcAllen Memorial High School

McAllen, Texas

Kelly Tai Walter MartinGlen A. Wilson High SchoolHacienda Heights, California

Chris Hodges Deb SnowEast Kentwood High School

Grand Rapids, Michigan

Robert A. Johnson Owen L. JohnsonCrossett High SchoolCrossett, Arkansas

Mathew Thankachen Louis LessickOlney High School

Philadelphia, Pennsylvania

CI' AVM! ARI E

William Finnegan Bernard Ffr ,hbergCranford High SchoolCranford, New Jersey

Ellen Uy David TokofslryJohn Marshall High School

Los Angeles, California

3If you have essays, sketches, illustrations, or any other materials that have to do with the law, we'd like to look at them. And, if youand your teacher would like to be part of our advisory board or would like to work together on a project, just let us know and we'll

send you more information. Write to us at the American Bar Association, YEFC, 541 N. Fairbanks, Chicago, IL 60611-3314.

Justice for

for justiceA ITIIENT EIITIIN IFMATE IN lIVI-1111TEI EIICATIIN

Copyright © 1993 American Bar Association, 541N. Fairbanks Court, Chicago, IL 60611-3314.

Prepared under Grant #85-JS-CX-0003 from theOffice of Juvenile Justice and Delinquency Prev.'n-tion, Office of Justice Programs, U.S. Departmentof Justice; we are grateful for their support.

Justice for All, All for Justice: A Student Edition ofUpdate on Law-Related Education is published bythe American Bar Association Special Committeeon Youth Education for Citizenship. Chair:Margaret Bush Wilson; Staff Director: Mabel C.McKinncy-Browning; Editor and PublicationsCoordinator: Jack Wolowiec; ContributingEditors: Pcg Ridcr-Hankins and Charles J. White.Cover illustration by Victor Savolainen.

Justice for All, All for Justice,: A Student Edition ofUpdate on Law-Related Education helps educatestudents about the law and legal issues. Points ofview or opinions in this document arc those of theauthor and do not necessarily represent the officialposition or policies of the U.S. Department of Jus-tice, the Special Committee on Youth Education forCitizenship or the American Bar Association.

For information on bulk orders or class sets of thispublication, contact the ABA Special Committeeon Youth Education for Citizenship at the addressabove or phone (312) 988-5735.

what's inside

3

How Due Process Makes for aMore Just America

Fill in the Blanks: Create YourOwn Great Quotes About Justice

You Be the JudgeFour school situations give you a chance to sort outrights and responsibilities

Street SceneCan you spot these legal issues?

Young People Who HaveWorked for Justice

1Integrating the Schools:A First-Person Account by a Young Man Whose CourageHelped Change American History

12Word SearchCan you find 29 well-hidden words?

4

Now Due Process Makes for a

More Just America

-IV he expression "due process" is onethat we hear often. But how many

of us know what due process is, how itprotects us, or how it affects our soci-ety?

Due process means that when some-one has been charged with a crime, theymust be treated fairly according to cer-tain procedures which apply to every-one. The right to due process is basedon the presumption of innocence, and itlimits the powers of both law enforce-ment agencies and the courts so that theinnocent and the guilty alike are pro-tected from possible abuses of power.

Due process has been referred to as"the keystone of liberty" and "the cor-nerstone of a civilized system of jus-tice." Our society is strengthened whencriminals are convicted in a fair trial,but it suffers when an accused person istreated unfairly. Supreme Court JusticeFelix Frankfurter had this to say aboutdue process: "Not out of the tendernessfor the accused, but because we havereached a certain stage of civilization...[in which] respecting the dignity ofeven the least worthy citizen, raises thestature of all of us."

Many of our rights to due processare found in Amendments Four, Five,Six, Seven, and Eight of the Bill ofRights. Some of the more importantrights are as follows: right againstunreasonable searches and seizures;right to be informed of rights; rightagainst self-incrimination; right to afair and speedy trial; and the right notto be tried twice for the same offense.

When an agency of governmentattempts to deprive people of their rightto liberty or property, the proceduralrequirements of due process come intoplay.

2 liplati M law11441 Mau tided [Ulu Ni.2

by Brent Hailing

The concept of liberty includes sev-eral different interests, ranging fromprotection against physical restraintswhich limit an individual's freedom ofmovement to protection against lessdirect infringements of a person'srights. Unwarranted confinement is oneway in which a person is deprived ofthe right to liberty.

The case of Kenneth Donaldson isan example of how a person's libertycan be violated. In 1957, Donaldsonwas committed to a Florida mentalinstitution and confined there for 15years against his will, even though heclaimed he was not mentally ill or dan-gerous. He received no treatment forthe supposed illness which put himthere in the first place. Finally, in 1975,the Supreme Court ruled that confiningDonaldson solely on the ground of hisillness deprived him of his liberty.

The right to property is anotherextremely important right protected bydue process, and one of the mostimportant forms of property whichpeople have is their salary. Severalyears ago a woman in Wisconsin foundthat her salary had been "garnished"reduced by a certain amount to repay adebtwithout her knowledge as aresult of a court order signed by a courtclerk. The order was signed at therequest of a finance company lawyerwithout a hearing. With no advancenotice of the clerk's action, the womandid not have the opportunity to beheard. She protested this denial of herright to her property, took her argu-ments to the Supreme Court, and won.

Sometimes, the due process rightsof those accused of crimes seem to bein conflict with the rights of the victimsof those crimes. Some people argue

that America's criminal justice systemappears to favors the criminal, not thevictim. Most of the time, they say, vic-tims are left out of courtroom proceed-ings, and prosecutors are under no legalobligation to converse with victimsbefore making plea or sentencingagreements.

It has been pointed out that early inour nation's history, the FoundingFathers acknowledged the importanceof providing rights for those accused ofcriminal offenses. The result was thatfive of the first ten amendments to theConstitution have to do with the rightsof the accused. Some people say that ifthe Founders were able to see that twocenturies later, one of every eight citi-zens would be victimized by crimeeach year they might have added anamendment to protect the rights ofthose victimized by crime.

Wherever one's feelings on thisissue, most people can agree that dueprocess is designed to protect the liber-ty and property of all individuals. Ourright to liberty guarantees our right totravel when and where we please, towear long hair, and to be free fromgovernment efforts to brand us withstigmatizing labels. Our property rightsinclude more than just the tangiblethings we possess. They also includepublic services, the protection of socialwelfare agencies, jobs, and other bene-fits we are entitled to by law or regula-tion. Whenever government tries totake away any of these, it must actaccording to due process.

5

Brent Hailing is a senior at CastleHigh School in Newburgh, Indiana.His instructor, Stan Harris, teachesAdvanced Government at Castle High.

FILL IN THE BLANKSU

Create Your Own Great Quotes About Justice

Directions: Each of the quotes below attempts to define "justice" or indicate its importance. This exercise givesyou the opportunity to express your views. Fill in the blanks, expressing as best you can your notions of justice.

1. Legal justice is the art of the and the

2. The love of justice in most men is simply the fear of

3. Man's capacity for justice makes possible, but man's inclination to injustice makes

necessary.

4. One man's is another man's

5. Why has been instituted at all? Because the passions of men will not conform to the

dictates of reason and without constraint.

6. anywhere is a threat to everywhere.

7. Justice is truth in

8. ...the United States of America...established upon these principles of

and

9. Justice, justice, shalt thou

10. There is no so truly great and godlike as justice.

11. There is no such thing as in or out of

12. Delay of is

13. Let be done, though the fall.

14. discards party, friendship, and kindred, and is therefore represented as

15. Whenever a separation is made between and justice, neither, in my opinion, is safe.

16. Justice is the sum of all duty.

6 110111en inisigai Moulin SUN Eitin IN.! .3

You Be the Judge

Case #1

"Congress shall make no law...abridg-ing the freedom of speech or of thepress or the right of the people peace-ably to assemble, and to petition thegovernment for redress of grievances."

First Amendment

by Rima Vesely

the vice principal's office and was toldhe couldn't wear the jacket or an ear-ring. Jamal protested that he did notbelong to a gang and, under the FirstAmendment, he had the right to free-dom of expression. The school authori-ties told him he would be suspendeduntil he complied with the rules.

1) What are Jamal'srights? Are they

In the last few months, there has beenan increasing amount of gang violenceat Wilson High. Several students havebeen jumped after school on campus,and two students were shot across thestreet from Wilson by students fromanother school. In an effort to controlgang activities, school authorities havebanned sports team jackets, which areoften worn to signify which gang a per-son belongs to. In addition, the schoolauthorities have prohibited boys fromwearing earrings and hats.

Jamal wears a Raiders jacket and anearring in his left ear. He refuses to putthe jacket in his locker for fear it mightbe stolen. One morning he was taken to

4 WM N law I1WH WNW Shied Eft NO

being violatedunder the FirstAmendment?

2) Would it makeany difference ifJamal consistent-ly wore gangcolors and wasreputed to be agang member?

3) If a teacher worea Raiders jacketor an earring inhis left ear, couldschool authori-ties prohibit theteacher fromwearing suchitems?

4) If Jamal's familywas too poor to

buy another jacket, could the schoolauthorities still keep him out ofschool?

Case #2

"The right of the people to be securein their persons, houses, papers, andeffects, against unreasonable searchesand seizures, shall not be violated, andno warrants shall issue, but uponprobable cause, supported by oath oraffirmation, and particularly describ-ing the place to be searched, and thepersons or things to be seized."

Fourth Amendment

7

Last Halloween, the principal of ValleyHigh announced over the PA systemthat teachers would search students'bags that afternoon. She alsoannounced that teachers and schooladministrators would be randomlysearching students' lockers for suchitems as shaving cream and eggs.

One student, Kara, refused to let herlocker be searched. She was taken tothe discipline office and told she mustopen her locker because it was theproperty of the Board of Education.Kara maintained that the locker con-tained her personal belongings and shehad rights under the Fourth Amend-ment. Kara was suspended for fivedays.1) What are Kara's rights? Were they

violated under the Fourth Amend-ment?

2) Suppose someone had called theschool and said there was a bomb ina student's locker. Would the schoolauthorities be allowed to searchKara's locker then? Why?

3) What if a teacher was suspected of acrime? Under what circumstancescould the teacher's locker besearched?

4) While searching bags for eggs, oneteacher found drugs in a student'sgym bag. Would that evidence beadmissable in court?

Case #3

"..1Vo state shall...deny to any personwithin its jurisdiction the equal pro-tection of the law."

Fourteenth Amendment

"We hold these truths to be self-evi-dent, that all men are created equal,they are endowed by their Creatorwith certain inalienable rights...."

The Declaration of Independence

II

"Pree.rap.

Central. High School requires that allstudents take four years of physicaleducation in order to graduate. Accord-ing to Board of Education rules, anexception will be made only if a stu-dent's disability prevents him or herfrom taking part in Phys Ed activities.

Two months ago, Robert tested pos-itive for HIV, the virus that leads to thedisease AIDS, for which there is nocure. Robert's condition is not a secretin school; both students and schoolauthorities are aware of it. The virushas not affected Robert physically inany way. One day while playing bas-ketball in gym, Robert cut his wrist onthe rim and drew a small amount ofblood. The gym teacher noticed the cutand ordered Robert to stop playing.

The next day, the gym teacher toldhim to see the principal during gymclass. The principal told Robert that hewould not be participating in gym classany more, that he would become a gymaide and would still receive credit forthe course. Robert was told that thiswas necessary for the safety of the oth-er students. Robert protested the deci-sion, saying that unless someone elsehad an open cut and came into contactwith his blood, he could not harm any-one and that he had rights under theFourteenth Amendment.1) What are Robert's rights? Are they

being violated under the FourteenthAmendment?

Case #4

2)

3)

Would it makeany difference ifRobert were in ahome economicsor cooking class?a social studiesclass? a wood-shop class?Let's say a gymteacher testedHIV-positive.Could the schooladministrationfire that teacher,saying that it wasfor the safety ofthe students?

"No person in the United States shall,on the basis of sex, be excluded fromparticipation in, or be denied the ben-efit of, or be subjected to discrimina-tion cinder any education program oractivity receiving federal financialassistance...."

Title IX of the Education Actof 1972

Over the years, Kennedy High hasexcelled in sports, with its teams win-ning many city andstate championships.In some sports, suchas track and swim-ming, Kennedy hasboth a girls' and aboys' team.

Amy, a sopho-more, would like tojoin the girls' trackteam, which theschool started justthis year. Althoughthe coach hasencouraged Amy totry out, Amydoesn't think shewill be able to be onthe team because itspractices are heldtoo late and she

8

must be home to take care of her 4-year -old brother. The schedule drawnup by the coaches lets the boys' teamsuse the school athletic field first; thegirls are allowed to practice after theboys are finished. When the girls dohave their chance to use the field, it isoften in bad shape, especially afterfootball practice.

The coaches of the boys' teams saythat they need to use the field firstbecause many boys have afterschooljobs. They also say that the girls' teamsaren't very good anyway and thatchanging practice times might cost theschool its chance to repeat as statechampion. Amy says that if she wantsto play on the girls' team she must begiven a chance, even if it means chang-ing the practice schedule.I) Are Amy's rights being violated

under Title IX? Is Amy beingdenied any right?

2) Should the practice schedule bechanged for Amy even if the rest ofthe school is affected? Whose rightsare more important?

3) How could the schedule be changedso that practice times are fair toeveryone?

Rima Vesely is a senior at Lane Tech-nical High School in Chicago and iseditor of the student magazine NewExpressions. Her teacher, Jill Wayne,teaches law at Lane.

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Illustration by Victor Savolainen. Concept adapted from "Street Law: Practical Law for SouthAfrican Students, Book 3, Consumer Law," published by the Association of Law Societies ofSouth Africa and the Centre for Socio-Legal Studies at the University of Natal, Durban.

J. 0

How many different legalissues are shown in this picture?Identify each situation anddescribe the parties involved.

Apt any laws being broken? Howand by whom?

Choose one of the legal issuesshown. List the rights andresponsibilites of each party.Next, list some solutions that arefair to those involved, and tellwhat might be done to see thatthe problem doesn't happenagain.

For extra credit: For each legalissue shown, tell whether the lawinvolved is local, state, or federal.

1101* Iluth INN Ms 111.2 .7

Young People Who Have

Worked for Justice

Brown, Tinker, and Gault are not just the names of famous SupremeCourt case, but of real young people who questioned the adult world's

rules and won new rights for young people throughout the country

T he United States Supreme Court isan imposing institution, with its

monumental columns and its nine jus-tices dressed in black. But occasionallythe Court bends down to listen to thevoice of children and stands up toremind the nation that children, too,have rights.

Such was the case in the early 1950swhen the Supreme Court reviewed thepractice of racial segregation in publicschools. Linda Brown was one of thou-sands of black children not allowed toattend the white-only public schoolsthroughout the South and even somestates outside of the South.

Class actions were brought to feder-al district courts in Kansas, South Car-olina, Virginia, and Delaware on behalfof the black children who were refusedadmission to white schools. The land-mark decision, Brown v. Board of Edu-cation of Topeka, Kansas, 347 U.S.483 (1954), consolidated cases onappeal to the Supreme Court from thefour different states.

The Court unanimously ruled thathaving separate schools for black andwhite children was unconstitutional.Segregated schools are not equal, nomatter how much the states claimedthey were, the Court said, and thereforethey deny black children the equal pro-tection which they are entitled to underthe Fourteenth Amendment.

Arguing the case before theSupreme Court on behalf of black chil-dren was Thurgood Marshall, a younglawyer for the National Association forthe Advancement of Colored People

111 u Elustiu Nal EON 114.2

(NAACP) Legal Defense, Fund. Mar-shall told the Court:

. . . I got the feeling on hearingthe discussion yesterday that whenyou put a white child in a schoolwith a whole lot of colored children,the child would fall apart or some-thing. Everybody knows that is nottrue.

Those same kids in Virginia andSouth Carolina and I have seenthem do it they play in the streetstogether, they play on their farmstogether, they go down the roadtogether, they separate to go toschool, they come out of school andplay ball together. They have to beseparated in school.

Marshall urged the Court to make itclear that singling out "people whowere formerly in slavery [to be kept] asnear that stage as is possible" is notwhat the Constitution stands for.

The Court agreed. After reviewingthe importance of public education in ademocratic society, the Court conclud-ed that education is a right which mustbe made available to all on equal terms.

Chief Justice Earl Warren whowrote the opinion, cited psychologicalstudies on the effects of enforced segre-gation contained in a Kansas case. TheKansas court had noted

Segregation of white and coloredchildren in public schools has adetrimental effect upon the coloredchildren. The impact is greater whenit has the sanction of the law; for thepolicy of separating the races is usu-

ally interpreted as denoting the infe-riority of the negro group. A senseof inferiority affects the motivationof a child to learn. Segregation withthe sanction of law, therefore, has atendency to [retard] the educationaland mental development of negrochildren and to deprive them ofsome of the benefits they wouldreceive in a racial[ly] integratedschool system.

Despite these findings, the Kansascourt had ruled against the blacks seek-ing school integration. The court reliedon a 1896 Supreme Court case, Plessyv. Ferguson, 163 U.S. 537 (1896),which challenged a Louisiana statuterequiring blacks and whites to occupyseparate railway cars. The Court theredetermined that as long as the facilitieswere "separate but equal" the state lawsatisfied the Equal Protection Clause.

Plessy became the rationale for seg-regation laws which required blacks touse different bathrooms and drinkingfountains, sit in the back of the bus, andattend separate public schools and col-leges. Public ordinances, known as"Jim Crow laws," were reflected in pri-vate businesses and organizationswhich excluded blacks from restaurantsand hotels, trade unions, churches, the-aters, and even cemeteries.

In deciding Brown v. Board of Edu-cation, the Supreme Court overruledPlessy. The Court's opinion states:

We conclude that in the field ofpublic education the doctrine of`separate bu' equal' has no place.

Separate educational facilities areinherently unequal.

Although Brown v. Board of Educa-tion was concerned solely with the seg-regation of school children, theSupreme Court and lower federalcourts extended its logic in many caseswhich followed to dismantle the entirenetwork of Jim Crow laws. Lawsrequiring segregation in public placesand on public transportation were ruledunconstitutional. In the 1960s,Congress enacted laws prohibitingracial discrimination in places of publicaccommodation, employment, andhousing, and greatly strengthened lawsprotecting voting rights for blacks.

While these laws and court deci-sions have not totally eradicated racialdiscrimination in this country, Brown v.Board of Education paved the way forthe concept that discrimination isincompatible with democracy.

First Ameadment Rights

In 1969, the Supreme Court was askedto review the question of whether ornot students have the right to expresstheir opinion in school even when thesubject is a controversial one. TheCourt letermined that they do, and thethxision in Tinker v. Des MoinesSchool District, 393 U.S. 503 (1969)

extended the First Amendment's guar-antee of free speech to students inschool as well as adults.

Mary Beth Tinker and her brother,John Tinker, were high school studentsin Des Moines, Iowa, who wore blackarmbands to school in protest of theVietnam War. School officials, antici-pating the protest, had enacted a ruleprohibiting armbands in school. Whenthe Tinkers wore the armbands any-way, they suspended Mary Beth andJohn, along with a third student, on thebasis that their armband protest mightdisrupt school routine.

The U.S. Supreme Court concludedthat students in school as well as out ofschool are considered persons underthe Constitution and as such have fun-damental rights that the state mustrespect. The schools, which are state-operated. cannot be "enclaves of totali-tarianism" by banning armbands. The

Court said that students are not to beconfined to the expression of officiallyapproved sentiments only.

Doe Process Guaratees

A 1967 Supreme Court case examinedthe juvenile court system in light ofconstitutional guarantees and foundthat the system often denied youngpeople due process of law that was theright of every adult charged with acriminal offense. As a result of theCourt's decision, In re Gault, 387 U.S.1, (1967) revolutionalized the way inwhich juveniles were treated by thecourts.

The case involved a 15-year-old,Gerald Gault, who was ordered by aArizona juvenile court to be confinedto a reformatory for up to six years forallegedly making an obscene telephonecall. An adult guilty of the sameoffense would have either been fined$5 to $50 or received a jail sentence oftwo months.

The juvenile court which decidedthe case did so without affording theteen some basic rights. For example, itdid not explain to Gerald or his parentswhat the charges against him were anddid not provide him with the opportuni-t; :o have a lawyer. The neighbor whoaccused Gerald of making the call wasnot required to testify. The court keptno written record of the proceedingsand did not allow an opportunity for

Gerald to appeal the judgement.The Arizona juvenile court's proce-

dures were typical of others throughoutthe country. These courts had been setup to help young people in trouble.They had loose, informal proceduresbecause they believed flexibility wasneeded to guide troubled young peopleto the best path. However, as GeraldGault's case shows, these courts couldimpose very long sentences. In decid-ing the case, the U.S. Supreme Courtoutlined basic rights that must beobserved by all juvenile courts:

1) notice of the charges;2) right to counsel;3) right to confront and cross-examine

witnesses; and4) privilege against compelled self-

incrimination.

In subsequent decisions, theSupreme Court has held that juvenilesare also entitled to constitutional guar-antees against double jeopardy andhave the right to have the chargesagainst them proven beyond a reason-able doubt.

Linda Brown, Mary Beth and JohnTinker, and Gerald Gault were allyoung people who asked the U.S.Supreme Court to look at the worldfrom their point of view. They chal-lenged adult rules and, by challenging,ch. aged the world. Thanks to their cas-es, the Court extended young peoplemany basic constitutional rights.

Mier Yong People and Justice

Have youor any young person you knowever worked for justice? Please write aboutthese experiences in the space belowuse additional sheets if necessaryand send it toYEFC, 541 N. Fairbanks CL, Chicago, IL 60611-3314, or fax to 312-988-5032. We'll consider

publishing it in the next Student Update.

2 laltalitil Eialim Wlalati WAIN NI.! .111

Integrating the Schools

A First-Person Account by a Young Man Whose

Courage Helped Change American History

Ernest Green was one of the "Littleam Rock Nine," the first students to inte-grate Central High School in 1957, and, asa senior that year, the first black to gradu-ate from Central. Today he is managingdirector at the Washington, D.C. office ofLehman Brothers, and investment firm.He recalls here his turbulent senior year:

When the U.S. Supreme Court handeddown its historic Brown v. Board of Edu-cation decision in 1954, I was a student inLittle Rock, Arkansas, finishing the eighthgrade. Little Rock had one high school forblacks, Horace Mann High School, andone for whites, Little Rock Central HighSchool.

While I may not have understood all ofthe constitutional issues surrounding theBrown case, I did recognize it as an oppor-tunity for ending segregation in LittleRock and for helping me get a better edu-cation. At black schools, for instance, wehad to use books that had first been usedby white students.

The Brown decision made me feel thatthe U.S. Constitution was finally workingfor me and not against me. The FourteenthAmendment provided for equal protectionand due process under the law, but it alsomeant I could believe I was a full citizenin this country, not a second-class citizenas segregation had made me feel.

In the spring of 1957 [three years afterBrown was decided and cited], I wasasked, along with other black students toconsider attending Central High Schoolthe following fall. Initially, a number ofstudents signed up to enroll but when fallcame, only nine of us had survived thepressure to quit and our names were pub-lished by the school board in the localnewspaper. I knew this was my personalopportunity to change conditions in LittleRock. And I knew that if I didn't go,things would never change.

When we tried to attend school, we

10 fiatin stout MN 111

were met by an angry white mob andarmed soldiers. Arkansas Governor OrvalFaubus had called out the National Guardto prevent us from enrolling, defying afederal court order to integrate the LittleRock schools.

President Dwight Eisenhower calledout the U.S. Army's famous 101st Air-borne Division to protect us and enforcethe federal court's integration order. "Mobrule cannot be allowed to override thedecisions of our courts," the presidentdeclared. It was a powerful symbol thatthe president of the United States waswilling to use his power and his might toprotect nine black students and to upholdthe Constitution.

When we tried to attend school again,about 1,000 paratroopers were there to pro-tect us. We rode to school in an army sta-tion wagon, surrounded by army jeeps thatwere loaded with soldiers holding machineguns and drawn bayonets. It was an excit-ing ride to school! I told Terrance Roberts,"I guess we'll get into school today."

Once we got inside, it was like being inwar zone. We were harassed, our books

were destroyed, and our lockers were bro-ken into several times a day.

As graduation neared, I was surprisedat the number of students who signed myyearbook, saying they admired mycourage in sticking it out. But on the nightof graduation, there was an eerie silencewhen my name was called. I didn't carethat no one clapped for me. I knew :hat notonly had I achieved something ft. myself,I had broken a barrier as well.

I learned from my high school experi-ence that you can express and act onunpopular beliefs. We must all be willingto make the Constitution a living docu-ment, and you don't have to be an adult todo it. Only when we stand for what webelieve in do we improve life for allAmericans.

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Fill in the missing words below and find them in the chart above. Be careful; they may be spelled in any

direction and some are even backwards!

1. Caught in the2. When the parties could not settle their dispute, they agreed to

3. for the defendant was set at $10,000.4. A person who fails to appear for trial may forfeit his ____.5. A to the jury is an instruction from the judge.6. The deposit was placed in an account.

7. The suit was dismissed as being without8. Several of the widow's challenged the will.

9. Alcohol and other drugs one's judgment.

10. She was sentenced to 30 days in the county

11. is another way to describe theft.

12. Lincoln said: "With toward none and charity toward all."

13. is another way to settle a dispute.14. When making arrests, police must be sure to give . (2 words)

15. Both lawyers filed a number of pretrial

16. An helps to investigate problems and provide solutions that are fair to both parties.

17. When unmarried people who live together break up, one party will sometimes ask for support, called

18. After being released from jail, he was required to see his officer once a month.

19. Mothers get maternity leave; fathers get leave.

20. One who has threatened to breach the peace or has done so in the past may be required to post a

21. Sexual intercourse without consent is called____.22. are laws enacted by legislatures.23. When the landlord refused to return the security deposit, the tenant filed a to recover it.

24. A is a wrongful act.25. Charging too much interest on a loan is called

26. Null and27. After she failed to appear in court, the judge issued a for her arrest.

28. A is a list of instructions to be followed after a person's death.

29. The right to obtain a of habeas corpus protects against unlawful imprisonment.

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