Columbus Board of Education v. Penick Brief Amici Curiae

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From: Norman Bloomfield 
NAACP Legal Defense and Educational Fund, Inc. 
10 Columbus Circle 
New York, New York 10019 

Telephone: 212 586-8397 

Contact: Melvyn Levanthal 

FOR IMMEDIATE RELEASE 

NEW YORK, N. Y., Nov. 5 - The NAACP Legal Defense and 

Educational Fund today filed a lawsuit against Mississippi 

authorities responsible for the selection of textbooks used 

throughout the State, charging that the authorities illegally 

rejected adoption of a textbook which questions notions of 

"white supremacy." 

The suit, filed in the federal district court in Green- 

ville, Miss., alleges that the officials last year rejected 

adoption of the textbook, Mississippi: Conflict and Change, 

because "the text deviates from perspectives of history tradi- 

tionally acceptable in Mississippi" and "records the role of 

all Mississippians, black and white, in the State's history." 

The book was edited by James W. Loewen and Charles Sallis, 

and published by Pantheon Books in 1974. 

The action seeks adoption and use of the book in Missis— 

sippi schools, and requests the court to enjoin the defendants 

from engaging in policies and practices which discriminate 

against textbooks containing such perspectives. It terms 

rejection of the text -- and the policy of selecting only 

history textbooks sympathetic to principles of racial segrega- 

tion -- a violation of the rights of school children to a 

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fully non-discriminatory public education, as assured by the 

Constitution. 

The complaint alleges that the defendants -- the Missis- 

sippi Textbook Purchasing Board and its History Textbook Rating 

Committee -- have "adopted for use in all history courses taught 

in Mississippi only those texts which minimize, ignore or 

denigrate the role of blacks and other minorities in the history 

of the United States or Mississippi and which present historical 

events in a manner sympathetic to principles of racial segrega- 

tion and discrimination, black inferiority and 'white supremacy.'" 

The suit additionally asserts that historians and pub- 

lishers seeking approval from the Rating Committee have writ- 

ten and issued textbooks which accommodate such prejudices. 

Among the named plaintiffs are Dr. Loewen, formerly a 

professor of sociology at Tougaloo College, Tougaloo, Miss., 

and Dr. Sallis, a professor of history at Millsaps College, 

Jackson, Miss. Other-named plaintiffs include Monseigneur 

Paul V. Canonici, director of educational services, Diocese of 

Natchez-Jackson; the president and members of the Jefferson County 

Board of Education; the superintendent and teachers of the 

Jefferson County School District; Father Luke Mickschl, pastor 

and superintendent of the Holy Child Jesus Elementary and 

High School of Canton, Miss.; and black and white students 

enrolled in public and parochial schools. 

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Mississippi history is a required course in most of 

the State's schools, and the Purchasing Board is obliged under 

State law to adopt, purchase and distribute free of charge up 

to five textbooks for use in all public and other eligible 

schools. In this instance, the Board adopted one history 

book, which the plaintiffs assert "espouses the required 

prejudice." 

All of the named plaintiffs say they want to use the 

rejected text, but are unable to do so because of limited 

financial resources and reluctance to be stigmatized as users 

of a text rejected by State authorities. 

The suit also challenges the textbook authorities' decision 

to refuse the plaintiffs a hearing through which they could 

present the merits of the text. 

The NAACP Legal Defense and Educational Fund is a 

completely separate organization, even though established by 

the NAACP in 1939. It has not been affiliated with the found- 

ing Association for more than 20 years. The correct designation 

is NAACP Legal Defense and Educational Fund, Inc. frequently 

shortened to Legal Defense Fund. The organization has a national 

staff and headquarters in New York City and works with 400 coope- 

rating attorneys throughout the country.