Proceedings in Green v. County School Board of New Kent County
3/15/1965 - 6/28/1966
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This document lists the proceedings in the District Court case Green v. County School Board of New Kent County. Calvin Green (father of three and president of the New Kent County chapter of the National Association for the Advancement of Colored People) and other parents had filed suit against the school district in New Kent County, Virginia. They objected to the district's "freedom of choice" plan, arguing that it did not adequately integrate the school system.
Following the landmark Supreme Court decision in Brown v. Board of Education, which declared "separate but equal" unconstitutional, the Brown II decision placed responsibility for how to desegregate schools "with all deliberate speed" on local school authorities. Many school districts implemented "freedom of choice" plans. In theory, "freedom of choice" let students choose which school they wanted to attend. In reality, the plans kept districts mostly segregated.
In New Kent County before Brown, white students attended New Kent school and African American students attended George W. Watkins school. Under the district's new "freedom of choice" plan, some African American students transferred to New Kent; but no white students enrolled in George W. Watkins, which taught 85% of black students in the district.
The District Court upheld New Kent County's "freedom of choice" plan. The proceedings listed in this document include:
The case was brought to the U.S. Court of Appeals for the Fourth Circuit, which affirmed (agreed with) the lower court's decision (though it returned the case to the lower court for a more specific plan to desegregate teachers).
The case made it to the Supreme Court in 1968, which reversed the lower court rulings. The Supreme Court stated that the New Kent district was deliberately maintaining a segregated system and that "freedom of choice" was not sufficient to bring about desegregation. Justice William J. Brennan, Jr., writing for a unanimous court, declared: "It is incumbent upon the school board to establish that its proposed plan promises meaningful and immediate progress toward disestablishing state-imposed segregation."
Following the landmark Supreme Court decision in Brown v. Board of Education, which declared "separate but equal" unconstitutional, the Brown II decision placed responsibility for how to desegregate schools "with all deliberate speed" on local school authorities. Many school districts implemented "freedom of choice" plans. In theory, "freedom of choice" let students choose which school they wanted to attend. In reality, the plans kept districts mostly segregated.
In New Kent County before Brown, white students attended New Kent school and African American students attended George W. Watkins school. Under the district's new "freedom of choice" plan, some African American students transferred to New Kent; but no white students enrolled in George W. Watkins, which taught 85% of black students in the district.
The District Court upheld New Kent County's "freedom of choice" plan. The proceedings listed in this document include:
- The complaint filed on March 15, 1965
- The school district's response to questions posted by the plaintiffs (the parents) on June 8, 1965
- The court's memorandum explaining its order approving the school district's plan on June 28, 1966
The case was brought to the U.S. Court of Appeals for the Fourth Circuit, which affirmed (agreed with) the lower court's decision (though it returned the case to the lower court for a more specific plan to desegregate teachers).
The case made it to the Supreme Court in 1968, which reversed the lower court rulings. The Supreme Court stated that the New Kent district was deliberately maintaining a segregated system and that "freedom of choice" was not sufficient to bring about desegregation. Justice William J. Brennan, Jr., writing for a unanimous court, declared: "It is incumbent upon the school board to establish that its proposed plan promises meaningful and immediate progress toward disestablishing state-imposed segregation."
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 95117432
Full Citation: Docket Entries; 3/15/1965 - 6/28/1966; Charles C. Green, et al v. New Kent County School Board of Education et al; Civil Case Files, 1938 - 12/31/1998; Records of District Courts of the United States, Record Group 21; National Archives at Philadelphia, Philadelphia, PA. [Online Version, https://www.docsteach.org/documents/document/docket-green-v-new-kent-county, October 11, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
