(c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms. (b) The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation. (a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education. Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment - even though the physical facilities and other “tangible” factors of white and Negro schools may be equal. 483 (1954) (USSC+)ĪPPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS*
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