Bell Statement on Fed. Dist. Ct. Order for Miss. School Integration

Press Release
July 8, 1964

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Bell Statement on Fed. Dist. Ct. Order for Miss. School Integration preview

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  • Press Releases, Volume 1. Bell Statement on Fed. Dist. Ct. Order for Miss. School Integration, 1964. 4e63880a-b592-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3be29a39-949c-4340-b4b0-a5b6f37c2927/bell-statement-on-fed-dist-ct-order-for-miss-school-integration. Accessed May 15, 2025.

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    NAACP LEGAL DEFENSE & EDUCATION FUND, INC, 
10 Columbus Circle 

JULY 8. 1964 
THE NAACP LEGAL DEFENSE FUND TODAY EXPRESSED MIXED FEELINGS ON THE 

FEDERAL DISTRICT COURT ORDER CALLING FOR MISSISSIPPI SCHOOL INTEGRATION. 
THE FUND, THROUGH ASSISTANT COUNSEL DERRICK BELL, WHO HANDLED THE 

SUITS, HAS TSSUED THE FOLLOWING STATEMENT: 
WE ARE GRATIFIED THAT A FEDERAL DISTRICT COURT IN MISSISSIPPI HAS 

ENTERED A FINAL INJUNCTION REQUIRING A PLAN TO BEGIN PUBLIC SCHOOL 
DESEGREGATION IN THE STATE THIS FALI.. HOWEVER, WE OF THE LEGAL DEFENSE 
FUND ARE DISAPPOINTED THAT THE COURT, WHOSE ORDER OFFERED SO GREAT A 
POTENTENTIAL FOR PEACEFUL ACCEPTANCE. OF SCHOOL DESEGREGATION, EXPRESSED 
AT SUCH LENGTH ITS DISAGREEMENT WITH THE SUPREME COURT'S DECISION OF 
1954 AND ITS AGREEMENT WITH SEGREGATIONIST TESTIMONY THAT NEGROES ARE 
INFERIOR TO WHITES AND BOTH RACES FARE BETTER IN SEPARATE SCHOOLS, 

THIS POSITION WAS ENTIRELY DISCREDTTED BY THE SUPREME COURT IN 
THE BROWN CASE AND HAS BEEN REJECTED RECENTLY BY THE COURT OF APPEALS 
FOR THE FIFTH CIRCUIT WHICH REVIEWED SIMILAR TESTIMONY IN CASES FROM 
BIRMINGHAM,ALABAMA AND SAVANNAH, GEORGIA, BROUGHT BY LEGAL DEFENSE FUND 
ATTORNEYS. 

IN THE SAVANNAH CASE, THE COURT OF APPEALS NOTED THAT THE REAL 
FALLACY OF " THE CLASSIFICATION THEORY " IS THAT MANY NEGRO PUPILS ARE 
SUPERIOR TO MANY WHITE PUPILS IN ACHIEVEMENT AND APTITUDE. 

THE COURT NOTED THAT THE CONSTITUTION DOES NOT PROHIBIT ASSIGNING 
, INDIVIDUAL STUDENTS TO PARTICULAR SCHOOLS ON THE BASIS OF INTELLIGENCE, 
' ACHIEVEMENT, OR OTHER APTITUDE UNDER A UNIFORMLY ADMINISTERED PROGRAM 

IN’ WHICH RACE WAS NOT A FACTOR . 
BUT, TH= COURT ADDED THAT NO EDUCATION‘.L PROCESS IS CONSTITUTIONAL 

WHERE " THE INDIVIDUAL NEGRO STUDENT IS NOT TO BE TREATED AS AN 
INDIVIDUAL AND ALLOWED TO PROCEED ALONG WITH OTHER INDIVIDUALS ON THE 
BASIS OF ABILITY ALONE WITHOUT REGARD TO RACE. “ 

JESSE DEVORE 
DIRECTOR OF PUBLIC INFORMATION 
NAACP LEGAL DEECUc> "UND

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