Legal Defense Fund Breaks U. Mississippi Barrier

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Press Releases, Loose Pages. Legal Defense Fund Breaks U. Mississippi Barrier, 1964. b3ae2792-bd92-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/29a47c78-f165-49ea-9bc4-37e9b8eb93e9/legal-defense-fund-breaks-u-mississippi-barrier. Accessed April 13, 2025.

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    ~ 10 Columbus Circle 

New York, N.Y. 10019 

JUdson 6-8397 

NAACP 

Legal Defense and Educational Fund 
June 11, 1964 

PRESS RELEASE 
President 

jan Knight Chalmers 

Associate Counsel 

Constance Baker Motley 
LEGAL DEFENSE FUND BREAKS 
U. OF MISSISSIPPI BARRIER 

JACKSON, MISS.--A federal judge this week issued a temporary 

restraining order requiring University of Mississippi officials 

to admit 18-year old Cleveland Donald, Jr., a Negro transfer 

student, for the University's 1964 summer session, which began 

today. Acting on a motion brought by NAACP Legal Defense Fund 

attorneys, Judge William Harold Cox of the Southern District 

of Mississippi enjoined further efforts to block Donald's im- 

mediate admission, thereby opening the door for the third 

Negro to enter that state's university. 

In 1962, James H. Meredith became the first Negro to enter 

a previously segregated Mississippi college after lengthy 

litigation. Meredith graduated in August, 1963. In June, 

1963, Cleve McDowell became the first Negro to enter the Uni- 

veristy of Mississippi Law School, but was expelled in Septem- 

ber after being apprehended with a gun on campus. 

Donald is thus the only Negro in attendance at Ole Miss, 

as Legal Defense Fund attorneys are currently appealing 

McDowell's expulsion to federal court, They contend that 

McDowell had a right under state law to have a gun while tra- 

veling on the state highways. 

Efforts to Continue 

Legal Defense Fund attorney Derrick A. Bell, who appeared 

last week on Donald's behalf, indicated that he was extremely 

pleased with Judge Cox's decision and stated, "We shall con- 

tinue our efforts to convince federal judges at the District 

Court level of the correctness of our position in civil rights 

cases." Mr. Bell was joined in the action by Director-Counsel 

Jack Greenberg and Associate Counsel Constance Baker Motley 

in New York and by Carsie A, Hall, Fund cooperating attorney 

in Jackson. 
(more) 

Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8487 So 



Legal Defense Fund Breaks -2- June 11, 1964 
U. of Mississippi Barrier 

Donald has completed one year at predominantly Negro 

Tougaloo College in Jackson and plans a pre-law course, with 

a major in political science. He applied for transfer in 

February, 1964. His application was provisionally approved 

by University officials in May, but before final admission 

could be obtained, the Board of Trustees of State Institu- 

tions of Higher Learning intervened. 

The Board, a state body whose members are appointed by 

the Governor, ordered the University to defer action on 

Donald's application while they sought an opinion in federal 

court as to whether the Meredith decision required them to 

admit all Negroes who applied. Legal Defense Fund lawyers 

contended that the prior decision had been a "class action," 

requiring the admission of all qualified Negroes, but rather 

than litigate this issue--which would probably have required 

a long time--they brought on June 6th a new action seeking 

immediate relief for Donald, whose education will not be 

delayed. 

In support of their motion, Defense Fund attorneys ob- 

tained affidavits showing that the University officials had 

made careful preparations for Donald's admission and protec- 

tion, and that delaying his entrance would not only be 

detrimental to him scholastically, but would interfere with 

the University's plans to enroll him peacefully at the school. 

They further argued that the Board's action was designed mere- 

ly to perpetuate racial segregation at the University. 

Ruling in favor of the Legal Defense Fund attorneys, 

Judge Cox gave little consideration to the Board's contention 

that the admission of Donald would lead to riots and possible 

bloodshed on campus and elsewhere in Mississippi. The 

Defense Fund had noted that the large number of teachers, 

the high proportion of married students and the scholastic 

pressures of the accelerated summer program made it unlikely 

that Donald's admission would occasion events similar to 

those occurring at Meredith's admission. 

=5c0-e

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Legal Defense Fund Breaks U. Mississippi Barrier

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