1/9 The first race-based “parental rights” panic occurred between 1872 & 1875. It came about as a result of the debate on how to educate white & black kids in public schools. I know you’re probably shocked. It had to do with a bill titled The Civil Rights Act of 1875.
2/9 The bill had been first proposed by Charles Sumner and on its face wasn’t primarily about public education but rather about preventing racial discrimination in places of public accommodation - trains, hotels, restaurants etc.
3/9 But Sumner also included in the bill a provision outlawing racial discrimination in public schools. That wasn’t surprising. Prior to the War, In 1850 Sumner had sued the city of Boston to end racial discrimination in its public schools.
4/9 The case went to the Massachusets Supreme court where Sumner lost. In an opinion that would later be cited by SCOTUS in Plessy, the Massachusets Supreme Court held that if Black kids felt inferior because of racial separation it was because they chose to feel that way.
5/9 So fast forward to after the war, now Sumner is armed with the 14th amendment and so he inserts a provision in the civil rights bill that you can’t have racial discrimination in public schools. You can imagine the results
6/9 Black officials, legislators, parents support the move, arguing that the way to heal the country’s war wounds is to teach the next generation together so that they learn to think of themselves as one people. (Remember this is 80 years before Brown v Board).
7/9 White parents revolt. Their representatives in congress argue that nothing is more sacred than the rights of parents over their kids and nothing is a greater insult to that right than telling parents their kids have to associate with a race they object to.
8/9 congressional debates over the bill lasted nearly 4 years, and while some objected to other provisions, education & parental rights turned out to be the sticking point. No objection to the bill proved more powerful than the claim that government was usurping parental rights.
9/9 In the end, the bill passed only after sponsors agreed to drop the education provision. And so, segregated life went on as before for nearly another century until in 1954 Brown came about.
PS: those who opposed the Civil Rights Act of 1875 as an infringement of parental rights explained that they bore no animosity toward Black kids but rather that integration would harm White kids and that it being forced by the feds violated the spirit of post-war reconciliation.
If you come to this thread and find it useful, great. If you come to it wanting to argue about masks and CRT, that’s not what I do in this account. If you come to it wanting to engage, unfortunately I can’t. I’m muting this thread because I’ve been getting too many of these 👇🏿

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More from @abfrancois

Jan 29
1/x My point here is neither to thrash Mississippi, nor to let other states off the hook. In a weird way, Mississippi holds all the contradictions of US history. Prior to the war it had the largest percentage of slaves and in fact slaves outnumbered free people in Mississippi.
2/x Jefferson Davis was a product of Mississippi. But then so was Henry Foote, a former governor who defended slavery prior to the war but after the war opposed white supremacy and defended the rights of interracial couples to marry.
3/x The KKK came out of Mississippi during Reconstruction but during the same period the state was governed by a multiracial coalition. The first 2 Black senators came out of Mississippi, including the first elected one.
Read 9 tweets
Aug 24, 2021
I’m completely comfortable making the case that, from Reconstruction to the modern era, Congress has been the hero and the Court the villain when it comes to freedom. Doesn’t matter how much the court points to Brown.
At the end of the civil war the court systematically butchered the reconstruction amendments and, not only has it never stopped that crime of intellectual butchery, but it has deliberately stopped Congress from exercising its enforcement powers under the 13th, 14th, and 15th.
I, for one, don’t know how Brown alone makes up for Prigg v Pa, Ableman v Booth, Dred Scott, Cruikshank, The Civil Rights Cases, US v Harris, Hodges v US, Giles v Harris, Plessy, Washington v Davis, Miliken v Bradley, McCleskey v Kemp, Bakke, Parents Involved, Shelby County, etc
Read 5 tweets
Jan 7, 2021
1/15 You'll hear a lot of talk today about how what happened yesterday is extraordinary and antithetical to our history. It's important to reject that idea, not out of cynicism or pessimism but because that pretense of innocence is dangerous. Let's talk about U.S. Cruikshank.
2/15 Cruikshank is a case virtually every single con law casebook discusses though most con law professors don't necessarily spend a great deal of time talking about but it's instructive about how we frame yesterday's events.
3/15 In Cruikshank, decided in 1875, SCOTUS considered whether, under the Enforcement Act of 1870, the federal government had the power to prosecute members of a white mob that killed between 80 to 150 Black people. The case was essentially about a mass lynching.
Read 16 tweets
Jul 18, 2020
1/x I want to explain as plainly as I can why Americans should be panicking about the fact that border patrol and ICE forces seem to be "policing" the streets of Portland. It's a personal story about why experience with thee officers.
2/x Before becoming an American citizen, I was a permanent resident. When I would travel overseas, I'd often come back through Miami airport because I'd visit my birth country. Inevitably, once I reached the customs officer, I'd get pulled out and taken to a back room.
3/x If you've never been pulled out of line at customs, here's what happens: they take your papers and they take you. They don't tell you why and if you're traveling with someone they don't tell them why.
Read 13 tweets
Jun 28, 2020
1/x I suspect most people don’t care whether Princeton renames the Wilson school, especially if that gesture is meant to be it. But there is one saving grace about this and it is an opportunity to have a move adult view of our history, including Woodrow Wilson.
2/x So, here's a true story about 3 men: Robert Smalls, a former slave & one of the first Blacks to serve in Congress, Tomas Dixon, Jr., the author whose book & screenplay was used for DW Griffith’s Birth of A Nation, and Woodrow Wilson, the 28th President of the United States.
3/x Smalls was born into slavery around 1839 in Beaufort, South Carolina. His first owner was his father; his second, his half-brother. When Smalls was 12 or 13, his half brother began hiring him out as a laborer on the Charleston harbor.
Read 30 tweets
Jun 19, 2020
1/x On this Juneteeth day, I want to step back a moment and talk briefly about, not the day itself, but how close we came to that day never coming to pass when it did. #HappyJuneteenth #JUNETEENTH2020
2/x From 1850 to 1861, there were about 150 proposals for a 13th Amendment that would have made it unconstitutional to abolish slavery. In other words, while the post-war 13th Amendment abolished slavery, the pre-war versions would have done the opposite.
3/x That 150 number is not a typo. Those in favor of slavery tried really, really, really hard to write it more explicitly into the Constitution. The fact that they didn’t succeed was not for a lack of trying and they almost succeeded.
Read 10 tweets

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