1 00:00:02,000 --> 00:00:07,000 Downloaded from YTS.MX 2 00:00:08,000 --> 00:00:13,000 Official YIFY movies site: YTS.MX 3 00:00:25,646 --> 00:00:27,717 Good morning, this is Orson Welles speaking. 4 00:00:27,786 --> 00:00:30,444 I'd like to read to you an affidavit. 5 00:00:30,513 --> 00:00:34,482 "I, Isaac Woodard Jr., being duly sworn do depose" 6 00:00:34,551 --> 00:00:37,071 "and state as follows." 7 00:00:37,140 --> 00:00:39,556 "I am 27 years old and a veteran of the United States Army," 8 00:00:39,625 --> 00:00:41,903 "having served for 15 months in the South Pacific," 9 00:00:41,972 --> 00:00:43,250 "and earned one battle star." 10 00:00:43,319 --> 00:00:45,700 "While I was in uniform I purchased a ticket" 11 00:00:45,769 --> 00:00:48,910 "to Winnsboro, South Carolina, and took the bus headed there" 12 00:00:48,979 --> 00:00:50,015 "to pick up my wife to come to New York" 13 00:00:50,084 --> 00:00:51,465 "to see my father and mother." 14 00:00:51,534 --> 00:00:55,020 "About one hour out of Atlanta, the bus drivers got off" 15 00:00:55,089 --> 00:00:56,953 "and went and got the police." 16 00:00:57,022 --> 00:00:58,886 "The policeman grabbed me by my left arm and twisted it" 17 00:00:58,955 --> 00:01:00,094 "behind my back." 18 00:01:00,163 --> 00:01:02,131 "I figured he was trying to make me resist." 19 00:01:02,200 --> 00:01:03,960 "I did not resist against him." 20 00:01:04,029 --> 00:01:06,652 "Another policeman held his gun on me" 21 00:01:06,721 --> 00:01:08,585 "while the other one was beating me." 22 00:01:08,654 --> 00:01:11,864 "I started to get up, he started punching me in my eyes." 23 00:01:11,933 --> 00:01:14,108 "He knocked me unconscious." 24 00:01:14,177 --> 00:01:16,938 "I woke up next morning and could not see." 25 00:01:17,007 --> 00:01:18,008 "They took me to the veteran's hospital" 26 00:01:18,078 --> 00:01:19,320 "in Columbia, South Carolina." 27 00:01:19,389 --> 00:01:23,497 "They told me I should join a blind school." 28 00:01:23,566 --> 00:01:24,567 You have a man 29 00:01:24,636 --> 00:01:26,500 wearing a dress uniform. 30 00:01:26,569 --> 00:01:29,434 He has medals on his chest. 31 00:01:29,503 --> 00:01:34,197 All the symbols of sacrifice and service are there 32 00:01:34,266 --> 00:01:38,305 and it doesn't matter, it just doesn't matter. 33 00:01:38,374 --> 00:01:41,204 To a white Southerner in 1946, 34 00:01:41,273 --> 00:01:46,175 nothing is more provocative than a Black man in uniform. 35 00:01:46,244 --> 00:01:50,179 You have law enforcement coming with the full savagery 36 00:01:50,248 --> 00:01:51,904 of Southern racism. 37 00:01:51,973 --> 00:01:54,528 No one can say that what happened to Isaac Woodard 38 00:01:54,597 --> 00:01:55,770 was justified. 39 00:01:55,839 --> 00:01:57,531 It just seemed to be something 40 00:01:57,600 --> 00:01:59,567 that shouldn't happen in America. 41 00:01:59,636 --> 00:02:01,776 Now it seems the officer of the law 42 00:02:01,845 --> 00:02:03,882 was just another white man with a stick 43 00:02:03,951 --> 00:02:05,470 who wanted to teach a Negro boy a lesson, 44 00:02:05,539 --> 00:02:09,646 to show a Negro boy where he belonged: in the darkness. 45 00:02:09,715 --> 00:02:12,408 Are we going to have people who live in the United States 46 00:02:12,477 --> 00:02:15,825 and are less equal than others? 47 00:02:15,894 --> 00:02:18,068 What are we going to do about this? 48 00:02:18,138 --> 00:02:21,693 You say the North is bullying the South. 49 00:02:21,762 --> 00:02:25,006 I'm afraid you're missing the point. 50 00:02:25,075 --> 00:02:27,699 This isn't another battlefield of the Civil War. 51 00:02:27,768 --> 00:02:30,736 The sides aren't the blue and the gray. 52 00:02:30,805 --> 00:02:33,808 They are the right and the wrong. 53 00:02:33,877 --> 00:02:35,638 Who would have guessed 54 00:02:35,707 --> 00:02:38,641 that the blinding of a heroic veteran 55 00:02:38,710 --> 00:02:42,369 would be the beginning of the end of Jim Crow in America? 56 00:02:55,934 --> 00:02:58,764 Going home... 57 00:02:58,833 --> 00:03:03,286 that's the sweetest words a G.I. ever heard. 58 00:03:05,357 --> 00:03:08,878 Back to the good old U.S.A., 59 00:03:08,947 --> 00:03:11,156 where just the formality of mustering out, 60 00:03:11,225 --> 00:03:14,124 and then home sweet home. 61 00:03:35,939 --> 00:03:39,253 For the G.I.s discharged just hours earlier, 62 00:03:39,322 --> 00:03:43,809 the wait inside the Greyhound bus terminal was excruciating. 63 00:03:43,878 --> 00:03:47,744 They were on the final leg of a journey that had taken them 64 00:03:47,813 --> 00:03:51,714 halfway around the world and back. 65 00:03:51,783 --> 00:03:55,959 Freedom was so close they could nearly taste it. 66 00:03:56,028 --> 00:03:57,513 The soldiers that were there, 67 00:03:57,582 --> 00:04:00,309 they had to have been jubilant and proud. 68 00:04:00,378 --> 00:04:03,484 Happy to return home, on your soil. 69 00:04:03,553 --> 00:04:08,109 So, it had to have been just an exciting time for all of them 70 00:04:08,178 --> 00:04:10,905 to go home and see their families, finally. 71 00:04:19,431 --> 00:04:22,365 On the 8:00 Augusta to Columbia coach that night 72 00:04:22,434 --> 00:04:24,781 was Sergeant Isaac Woodard, 73 00:04:24,850 --> 00:04:28,060 headed home to Winnsboro, South Carolina, to see his wife 74 00:04:28,129 --> 00:04:30,925 for the first time in several years. 75 00:04:33,618 --> 00:04:35,067 Woodard was still in uniform, 76 00:04:35,136 --> 00:04:38,070 carrying a battle star for bravery under fire, 77 00:04:38,139 --> 00:04:40,245 and a final paycheck from the U.S. Army 78 00:04:40,314 --> 00:04:44,939 in the extraordinary sum of $695, 79 00:04:45,008 --> 00:04:47,390 enough to start the kind of life 80 00:04:47,459 --> 00:04:50,186 he hadn't dared dream of before the war. 81 00:04:52,913 --> 00:04:55,950 Like the other 900,000 African-American soldiers 82 00:04:56,019 --> 00:04:58,056 returning home from duty, 83 00:04:58,125 --> 00:05:00,921 Isaac Woodard had come to see this bright new future 84 00:05:00,990 --> 00:05:03,372 as his due. 85 00:05:09,032 --> 00:05:12,760 African Americans had fought in all of the major wars 86 00:05:12,829 --> 00:05:16,385 in American history, and there'd always been this theme of 87 00:05:16,454 --> 00:05:20,423 if we fight and we show our loyalty, 88 00:05:20,492 --> 00:05:24,254 then we are going to advance and be recognized 89 00:05:24,324 --> 00:05:25,980 as more equal citizens. 90 00:05:26,049 --> 00:05:28,466 And that dream had always been frustrated. 91 00:05:31,434 --> 00:05:34,023 But World War II was actually quite different from past wars 92 00:05:34,092 --> 00:05:39,269 for African Americans because it was a special kind of war. 93 00:05:39,339 --> 00:05:41,410 This war, this particular war, 94 00:05:41,479 --> 00:05:45,483 crystalizes around the idea of this fight against fascism. 95 00:05:45,552 --> 00:05:51,351 And that means that it is a fight against inequality, 96 00:05:51,420 --> 00:05:53,698 of suppressing groups of people because of their race. 97 00:05:55,216 --> 00:05:57,115 So you have Black soldiers coming home, 98 00:05:57,184 --> 00:06:00,187 having been inculcated with the idea that America 99 00:06:00,256 --> 00:06:03,328 stands for something different than fascism, 100 00:06:03,397 --> 00:06:07,539 something different than racial and ethnic discrimination. 101 00:06:07,608 --> 00:06:08,782 Something better. 102 00:06:14,235 --> 00:06:16,514 By 10:00 on that February evening, 103 00:06:16,583 --> 00:06:19,068 Isaac Woodard was little more than an hour away 104 00:06:19,137 --> 00:06:23,003 from his homecoming in Winnsboro. 105 00:06:23,072 --> 00:06:25,626 The atmosphere on the bus is jovial, 106 00:06:25,695 --> 00:06:28,422 filled with the relief that soldiers feel 107 00:06:28,491 --> 00:06:31,218 after surviving 15 months at war. 108 00:06:32,771 --> 00:06:35,187 Black soldiers and white soldiers are talking together, 109 00:06:35,256 --> 00:06:36,810 joking together. 110 00:06:36,879 --> 00:06:42,678 Eventually a bottle of whiskey gets opened and passed around. 111 00:06:42,747 --> 00:06:44,887 There were a few non-soldiers on the bus 112 00:06:44,956 --> 00:06:47,441 and they were very uncomfortable 113 00:06:47,510 --> 00:06:50,789 with the interaction between the white and Black soldiers. 114 00:06:50,858 --> 00:06:52,757 There were complaints to the bus driver 115 00:06:52,826 --> 00:06:55,035 and the bus driver didn't like it. 116 00:06:58,279 --> 00:07:00,281 There are, of course, in 1946, 117 00:07:00,350 --> 00:07:02,422 no bathroom facilities 118 00:07:02,491 --> 00:07:05,942 on public buses. 119 00:07:06,011 --> 00:07:10,602 Isaac Woodard asked the bus driver if at the next stop 120 00:07:10,671 --> 00:07:16,194 he could be allowed to disembark and to go to the bathroom. 121 00:07:16,263 --> 00:07:19,577 And the bus driver tells him, 122 00:07:19,646 --> 00:07:21,889 "Boy, go sit back down." 123 00:07:27,585 --> 00:07:31,796 The bus driver cursed him. 124 00:07:31,865 --> 00:07:33,660 Isaac Woodard cursed him back 125 00:07:33,729 --> 00:07:35,800 and proclaimed his manhood. 126 00:07:37,836 --> 00:07:40,494 He just said to the gentleman, "You know, you don't have to 127 00:07:40,563 --> 00:07:44,602 speak to me in that manner, I'm a man just like you." 128 00:07:44,671 --> 00:07:48,191 In other words, "Give me respect." 129 00:07:48,260 --> 00:07:51,332 Military training and service 130 00:07:51,401 --> 00:07:54,439 turned a Black man from the rural Deep South 131 00:07:54,508 --> 00:07:57,580 with a fifth grade education 132 00:07:57,649 --> 00:07:59,686 into a man willing to say words 133 00:07:59,755 --> 00:08:04,414 that he knew could put his life at risk. 134 00:08:04,484 --> 00:08:05,933 There is no doubt 135 00:08:06,002 --> 00:08:08,867 when he said that, that he was under any illusions 136 00:08:08,936 --> 00:08:10,938 about what he was saying, where he was saying it... 137 00:08:11,007 --> 00:08:15,564 on a bus, at night, in the Deep South. 138 00:08:15,633 --> 00:08:17,324 But he was a veteran. 139 00:08:17,393 --> 00:08:19,326 He was wearing the uniform. 140 00:08:19,395 --> 00:08:22,571 He was surrounded by veterans who were wearing the uniforms. 141 00:08:22,640 --> 00:08:26,367 They were returning from a war that they had won. 142 00:08:26,436 --> 00:08:29,854 And he was a stronger man because of it. 143 00:08:32,857 --> 00:08:34,859 The bus driver is furious. 144 00:08:34,928 --> 00:08:37,033 At the next town, 145 00:08:37,102 --> 00:08:40,830 he goes looking for a police officer 146 00:08:40,899 --> 00:08:44,696 to have Woodard removed from his bus. 147 00:08:44,765 --> 00:08:47,630 Woodard's kind of perplexed. 148 00:08:47,699 --> 00:08:48,942 He steps off the bus 149 00:08:49,011 --> 00:08:51,600 and as he's trying to explain himself, 150 00:08:51,669 --> 00:08:54,913 the police chief brings out his blackjack, 151 00:08:54,982 --> 00:08:56,639 which is like a baton, 152 00:08:56,708 --> 00:09:00,125 but it's spring-loaded and it, it has tremendous force, 153 00:09:00,194 --> 00:09:02,921 and hits Woodard over the head with it. 154 00:09:06,442 --> 00:09:10,619 A soldier aboard the bus watched as the officer took Woodard 155 00:09:10,688 --> 00:09:14,726 by the arm and forced him around the corner and out of sight. 156 00:09:14,795 --> 00:09:16,935 "That is the last I saw of him," 157 00:09:17,004 --> 00:09:20,007 he would tell investigators a few months later. 158 00:09:24,080 --> 00:09:26,669 They started beating him all across the head. 159 00:09:26,738 --> 00:09:29,569 And they gouge his eyes out. 160 00:09:29,638 --> 00:09:31,087 They didn't beat them out. 161 00:09:31,156 --> 00:09:34,297 They put the stick in there and twisted it. 162 00:09:36,161 --> 00:09:41,442 They threw him in jail and he told me 163 00:09:41,511 --> 00:09:46,551 they poured whiskey over him to say he was drunk. 164 00:09:46,620 --> 00:09:53,282 He was arrested for, supposedly, disorderly conduct, 165 00:09:53,351 --> 00:09:58,011 disturbing the peace, and being drunk. 166 00:09:58,080 --> 00:10:00,530 He was not drunk. 167 00:10:00,600 --> 00:10:03,672 He was not being disorderly. 168 00:10:03,741 --> 00:10:06,847 And he did not disturb the peace. 169 00:10:06,916 --> 00:10:11,162 He spends the night in jail, unable to see, 170 00:10:11,231 --> 00:10:14,130 in excruciating pain. 171 00:10:14,199 --> 00:10:17,237 The next morning he is taken to the judge. 172 00:10:17,306 --> 00:10:22,691 He is levied a fine, but he can't see to sign 173 00:10:22,760 --> 00:10:25,314 the paperwork that is put before him. 174 00:10:25,383 --> 00:10:30,871 Ultimately, when Woodard is examined by specialists, 175 00:10:30,940 --> 00:10:34,944 they determine that he will never see again. 176 00:10:35,013 --> 00:10:39,362 The injuries are severe and they are irreversible. 177 00:10:39,431 --> 00:10:40,950 He will be blind for life. 178 00:10:44,229 --> 00:10:47,612 You spend 42 months in the military, 179 00:10:47,681 --> 00:10:53,825 overseas in the Philippines, and you come home to this. 180 00:10:53,894 --> 00:10:57,967 How can you just gouge someone's eyes out? 181 00:10:58,036 --> 00:11:01,591 Anybody, how can... you can't do that. 182 00:11:01,661 --> 00:11:07,943 And it hurts me to even think about it, but it happened. 183 00:11:08,012 --> 00:11:10,497 It's sad. 184 00:11:10,566 --> 00:11:13,155 Well, that was, I'd say, a part of ignorance. 185 00:11:13,224 --> 00:11:18,229 You know, that's the bottom line, plain ignorance. 186 00:11:28,757 --> 00:11:30,344 As World War II ended, 187 00:11:30,413 --> 00:11:34,245 900,000 African-American veterans 188 00:11:34,314 --> 00:11:36,765 returned to America... 189 00:11:36,834 --> 00:11:39,664 75% of them to the South, 190 00:11:39,733 --> 00:11:43,772 most of them to the rural South. 191 00:11:47,189 --> 00:11:49,881 The war took Black soldiers out of communities 192 00:11:49,950 --> 00:11:53,436 where they had to adhere to a certain set of social norms 193 00:11:53,505 --> 00:11:55,197 in which they were subservient 194 00:11:55,266 --> 00:11:57,130 and opened up possibilities. 195 00:12:00,443 --> 00:12:02,135 Even a segregated army 196 00:12:02,204 --> 00:12:04,413 gave chances for training and leadership, 197 00:12:04,482 --> 00:12:07,174 and advancement and recognition. 198 00:12:09,383 --> 00:12:13,525 Those in Europe had been treated very respectfully. 199 00:12:13,594 --> 00:12:16,080 And for the first time in their lives, 200 00:12:16,149 --> 00:12:18,738 the color of their skin was not the predominant 201 00:12:18,807 --> 00:12:22,500 characteristic to which they were identified. 202 00:12:22,569 --> 00:12:29,231 They came home feeling like they had done their duty 203 00:12:29,300 --> 00:12:32,372 in defense of American democracy and liberty. 204 00:12:32,441 --> 00:12:36,514 But, when they returned home, 205 00:12:36,583 --> 00:12:39,068 they largely saw nothing had changed. 206 00:12:48,975 --> 00:12:51,011 White Southerners of that era considered 207 00:12:51,080 --> 00:12:54,704 the returning soldiers to be potential trouble, 208 00:12:54,774 --> 00:12:58,916 not great American citizens. 209 00:12:58,985 --> 00:13:02,264 As some would say, they no longer knew their place. 210 00:13:02,333 --> 00:13:06,440 Black soldiers were especially threatening to 211 00:13:06,509 --> 00:13:09,409 the racial mores that undermined segregation. 212 00:13:12,308 --> 00:13:14,828 Black soldiers were in uniform. 213 00:13:14,897 --> 00:13:18,728 They wore emblems of authority. 214 00:13:18,798 --> 00:13:23,147 They often carried themselves with a sense of authority 215 00:13:23,216 --> 00:13:25,805 that the enforcers of white supremacy 216 00:13:25,874 --> 00:13:27,703 found particularly threatening. 217 00:13:29,705 --> 00:13:33,122 Wearing the uniform of the U.S. military 218 00:13:33,191 --> 00:13:37,092 grants one the prerogatives of citizenship. 219 00:13:37,161 --> 00:13:43,892 And Black men make no bones about the fact that they feel 220 00:13:43,961 --> 00:13:47,654 completely deserving of those prerogatives. 221 00:13:47,723 --> 00:13:51,796 And they become the target. 222 00:13:53,763 --> 00:13:58,009 So, in 1946, what you see is one incident 223 00:13:58,078 --> 00:14:00,632 of racial violence after another. 224 00:14:06,535 --> 00:14:09,676 There was little recourse... and little protection... 225 00:14:09,745 --> 00:14:10,884 for the African-American veterans 226 00:14:10,953 --> 00:14:14,060 victimized in the South. 227 00:14:15,855 --> 00:14:18,616 Investigating these hate crimes often fell to a small team 228 00:14:18,685 --> 00:14:20,307 of lawyers at the 229 00:14:20,376 --> 00:14:23,828 National Association for the Advancement of Colored People, 230 00:14:23,897 --> 00:14:28,453 headed by Thurgood Marshall. 231 00:14:28,522 --> 00:14:33,148 The N.A.A.C.P. is just inundated with cases 232 00:14:33,217 --> 00:14:35,426 of violence against Black soldiers, 233 00:14:35,495 --> 00:14:38,325 wrongful court martials, 234 00:14:38,394 --> 00:14:43,227 massive riots, slaughter. 235 00:14:43,296 --> 00:14:48,715 And Thurgood Marshall's office had files from floor to ceiling 236 00:14:48,784 --> 00:14:50,441 of these cases. 237 00:14:54,548 --> 00:14:58,276 A harrowing new report landed in the N.A.A.C.P. legal office 238 00:14:58,345 --> 00:15:00,900 almost every week in 1946. 239 00:15:00,969 --> 00:15:05,007 One Black Army veteran was murdered on his front porch 240 00:15:05,076 --> 00:15:07,527 in Taylor County, Georgia. 241 00:15:07,596 --> 00:15:11,911 His offense had been casting a vote in the Democratic primary. 242 00:15:14,051 --> 00:15:17,433 A week later, 120 miles away, 243 00:15:17,502 --> 00:15:19,919 a Black veteran was kidnapped by a lynch mob... 244 00:15:19,988 --> 00:15:21,990 along with a friend and their two wives, 245 00:15:22,059 --> 00:15:24,854 one of them reportedly seven months pregnant. 246 00:15:26,684 --> 00:15:30,791 The four were shot roughly 60 times at close range. 247 00:15:30,860 --> 00:15:33,242 Eyewitness accounts reported that the lynching party 248 00:15:33,311 --> 00:15:35,555 included local police officers. 249 00:15:51,226 --> 00:15:53,228 In the middle of what Thurgood Marshall called 250 00:15:53,297 --> 00:15:56,265 that "terrible" season of 1946, 251 00:15:56,334 --> 00:15:58,405 Isaac Woodard walked into the New York City offices 252 00:15:58,474 --> 00:16:02,375 of N.A.A.C.P. head Walter White. 253 00:16:02,444 --> 00:16:06,448 The 27-year-old South Carolina native struck White 254 00:16:06,517 --> 00:16:09,071 as polite and handsome, 255 00:16:09,140 --> 00:16:12,074 with the ramrod straight bearing of a soldier. 256 00:16:12,143 --> 00:16:15,457 "I saw you, Mr. White, 257 00:16:15,526 --> 00:16:19,944 when you visited my outfit in the Pacific," he said. 258 00:16:20,013 --> 00:16:23,016 "I could see then." 259 00:16:23,085 --> 00:16:26,330 Woodard then sat down and told the story of his blinding 260 00:16:26,399 --> 00:16:30,886 in a sworn affidavit. 261 00:16:30,955 --> 00:16:33,682 The policeman asked me, was I discharged? 262 00:16:33,751 --> 00:16:35,442 And when I said yes, 263 00:16:35,511 --> 00:16:38,445 that's when he started beating me with a billy, 264 00:16:38,514 --> 00:16:40,758 hitting me across the top of the head. 265 00:16:40,827 --> 00:16:45,004 After that, I grabbed his billy, and wrung it out of his hands. 266 00:16:45,073 --> 00:16:48,041 Another policeman came up and threw his gun on me, 267 00:16:48,110 --> 00:16:50,492 told me to drop the billy or he'd drop me, 268 00:16:50,561 --> 00:16:53,288 so I dropped the billy. 269 00:16:53,357 --> 00:16:56,739 He knocked me unconscious. 270 00:16:56,808 --> 00:16:58,983 He hollered, "Get up!" 271 00:16:59,052 --> 00:17:02,159 When I started to get up, he started punching me 272 00:17:02,228 --> 00:17:05,507 in the eyes with the end of his billy. 273 00:17:09,890 --> 00:17:13,170 N.A.A.C.P. officials, they were moved by this, 274 00:17:13,239 --> 00:17:16,932 like everyone was moved by just the tragedy of it. 275 00:17:17,001 --> 00:17:20,384 In addition, the N.A.A.C.P. leadership was always 276 00:17:20,453 --> 00:17:23,249 on the lookout for cases of injustice 277 00:17:23,318 --> 00:17:27,598 that they could use to really dramatize the nature 278 00:17:27,667 --> 00:17:29,772 of the Southern racial system... 279 00:17:29,841 --> 00:17:31,912 for African Americans around the country, 280 00:17:31,981 --> 00:17:35,295 to get them to support the N.A.A.C.P.'s work, 281 00:17:35,364 --> 00:17:39,437 and for white people to make them understand 282 00:17:39,506 --> 00:17:41,198 what's really going on. 283 00:17:43,821 --> 00:17:48,205 Once Walter White gets a hold of Isaac Woodard's story, 284 00:17:48,274 --> 00:17:49,620 he is on fire. 285 00:17:52,899 --> 00:17:56,247 He is looking for ways to publicize this story 286 00:17:56,316 --> 00:18:00,355 and he's looking for the biggest platform out there. 287 00:18:02,150 --> 00:18:04,255 How do you do, ladies and gentlemen? 288 00:18:04,324 --> 00:18:06,913 This is Orson Welles. 289 00:18:06,982 --> 00:18:09,985 White and his new press agent reached out 290 00:18:10,054 --> 00:18:12,850 to one of the nation's great dramatists, 291 00:18:12,919 --> 00:18:15,473 the boy wonder of stage and cinema, 292 00:18:15,542 --> 00:18:18,511 31-year-old Orson Welles. 293 00:18:18,580 --> 00:18:23,930 In the summer of 1946, Welles was hosting a radio show 294 00:18:23,999 --> 00:18:26,519 that broadcast nationally every Sunday. 295 00:18:26,588 --> 00:18:29,384 The N.A.A.C.P. goes to him 296 00:18:29,453 --> 00:18:32,939 and says, "We need your help to share this story." 297 00:18:41,706 --> 00:18:44,813 The story fascinated him, 298 00:18:44,882 --> 00:18:46,332 particularly the whodunnit quality. 299 00:18:46,401 --> 00:18:49,266 No one knew who this police officer was. 300 00:18:52,510 --> 00:18:56,169 Now it seems the officer of the law who blinded 301 00:18:56,238 --> 00:18:58,930 the young Negro boy in the affidavit has not been named. 302 00:18:58,999 --> 00:19:00,725 Till we know more about him, for just now, 303 00:19:00,794 --> 00:19:03,659 we'll call the policeman Officer X. 304 00:19:03,728 --> 00:19:06,904 Officer X, I'm talking to you. 305 00:19:06,973 --> 00:19:10,563 We invite you to luxuriate in secrecy, it will be brief. 306 00:19:10,632 --> 00:19:14,498 You're going to be uncovered! 307 00:19:14,567 --> 00:19:18,950 Welles came back to the Woodard story the next week, 308 00:19:19,019 --> 00:19:24,542 and the week after, drawing more listeners each episode. 309 00:19:24,611 --> 00:19:26,337 But there were holes in the story. 310 00:19:26,406 --> 00:19:30,307 Three weeks into the radio broadcasts, 311 00:19:30,376 --> 00:19:33,344 there were still no real leads about Woodard's assailant, 312 00:19:33,413 --> 00:19:35,208 or even about the town where Woodard had been pulled 313 00:19:35,277 --> 00:19:37,314 from the bus. 314 00:19:37,383 --> 00:19:41,490 The N.A.A.C.P. legal team was getting nervous. 315 00:19:41,559 --> 00:19:44,459 Marshall says, "We gotta get this right." 316 00:19:44,528 --> 00:19:46,840 We've got our friends out on a limb on this thing. 317 00:19:51,569 --> 00:19:55,642 Orson Welles hires private investigators to go 318 00:19:55,711 --> 00:19:58,818 throughout the bus route to figure out where this happened. 319 00:19:58,887 --> 00:20:03,547 And the N.A.A.C.P.'s national office has its lawyers 320 00:20:03,616 --> 00:20:04,927 searching these communities 321 00:20:04,996 --> 00:20:07,344 asking does anyone know this story. 322 00:20:10,450 --> 00:20:14,765 Arriving in, unsolicited, in the national office 323 00:20:14,834 --> 00:20:19,425 is a letter from a Black soldier who says, 324 00:20:19,494 --> 00:20:23,705 "I heard on the radio about the blinding of Sergeant Woodard. 325 00:20:23,774 --> 00:20:24,878 "I was on the bus. 326 00:20:24,947 --> 00:20:27,156 It was Batesburg." 327 00:20:30,781 --> 00:20:33,922 I have before me wires and press releases to the effect 328 00:20:33,991 --> 00:20:37,546 that a policeman of Batesburg, 329 00:20:37,615 --> 00:20:42,793 a man by the name of Shull, has admitted that he was 330 00:20:42,862 --> 00:20:46,969 the police officer who blinded Isaac Woodard. 331 00:20:47,038 --> 00:20:51,595 Officer X, we know your name now. 332 00:20:51,664 --> 00:20:54,736 Now that we found you out, we'll never lose you. 333 00:20:54,805 --> 00:20:56,807 You can't get rid of me. 334 00:20:56,876 --> 00:20:58,602 We have an appointment. 335 00:21:02,916 --> 00:21:06,126 The Welles broadcast had put the story in the headlines, 336 00:21:06,195 --> 00:21:09,682 and a whirlwind began to swirl around Isaac Woodard. 337 00:21:15,343 --> 00:21:18,415 When word got out that the Army had denied the young sergeant 338 00:21:18,484 --> 00:21:20,175 full disability benefits... 339 00:21:20,244 --> 00:21:22,453 on the grounds that he was blinded a few hours 340 00:21:22,522 --> 00:21:25,249 after his discharge... 341 00:21:25,318 --> 00:21:28,010 luminaries from New York's Black community organized 342 00:21:28,079 --> 00:21:29,667 a benefit concert on his behalf. 343 00:21:36,398 --> 00:21:39,263 Headlined by some of the biggest names in music, 344 00:21:39,332 --> 00:21:42,611 stars from Billie Holliday to Woody Guthrie turned up 345 00:21:42,680 --> 00:21:48,134 at Lewisohn Stadium in Harlem to raise money for "the blind G.I." 346 00:21:56,487 --> 00:21:59,594 Heavyweight champion Joe Louis, hero of Black America, 347 00:21:59,663 --> 00:22:03,805 stepped forward to co-chair the event. 348 00:22:03,874 --> 00:22:07,118 Joe Louis sent a limousine to our house in the Bronx. 349 00:22:07,187 --> 00:22:09,397 I was 11 years old. 350 00:22:09,466 --> 00:22:10,812 That excited me. 351 00:22:12,503 --> 00:22:15,437 Seated beside his mother, Isaac Woodard, 352 00:22:15,506 --> 00:22:18,751 a young man from tiny Winnsboro, South Carolina, 353 00:22:18,820 --> 00:22:22,893 was awestruck to learn that nearly 20,000 people 354 00:22:22,962 --> 00:22:25,965 had gathered in his honor. 355 00:22:26,034 --> 00:22:27,898 10,000 more were turned away. 356 00:22:36,009 --> 00:22:39,461 The crowd had been drawn by the all-star performances, 357 00:22:39,530 --> 00:22:43,638 but it was Woodard himself who turned out to be the headliner. 358 00:22:45,916 --> 00:22:49,298 One reporter noted that applause lasted for five minutes 359 00:22:49,368 --> 00:22:52,267 after he took the stage. 360 00:22:52,336 --> 00:22:55,822 He spoke in a very low voice and people had to go be 361 00:22:55,891 --> 00:22:58,066 completely silent to hear him, 362 00:22:58,135 --> 00:23:01,103 but it was a powerful account of what happened. 363 00:23:03,796 --> 00:23:07,282 I spent three-and-a-half years in service of my country 364 00:23:07,351 --> 00:23:10,527 and thought I would be treated as a man when I returned 365 00:23:10,596 --> 00:23:12,632 to civilian life, 366 00:23:12,701 --> 00:23:15,980 but I was mistaken. 367 00:23:16,049 --> 00:23:19,328 If the loss of my sight will make people in America 368 00:23:19,398 --> 00:23:21,986 get together to prevent what happened to me 369 00:23:22,055 --> 00:23:26,750 from ever happening again to any other person, 370 00:23:26,819 --> 00:23:29,960 I would be glad. 371 00:23:36,553 --> 00:23:41,109 The benefit concert netted more than $10,000 for Isaac Woodard... 372 00:23:41,178 --> 00:23:44,284 enough to buy a house, but little else. 373 00:23:45,734 --> 00:23:47,874 One N.A.A.C.P. staffer noted 374 00:23:47,943 --> 00:23:50,359 though Woodard was riding high now, 375 00:23:50,429 --> 00:23:55,537 "in ten years no one will remember" his name. 376 00:23:55,606 --> 00:23:59,403 The N.A.A.C.P. basically adopts a plan to make Isaac Woodard 377 00:23:59,472 --> 00:24:02,648 the centerpiece of a campaign for the promotion 378 00:24:02,717 --> 00:24:05,409 of the civil rights of all returning veterans. 379 00:24:07,791 --> 00:24:12,554 He goes on a multi-city nationwide speaking tour 380 00:24:12,623 --> 00:24:16,869 that gathers huge crowds all across the country. 381 00:24:25,360 --> 00:24:28,225 It's hard to imagine how many other Black men 382 00:24:28,294 --> 00:24:33,541 would have been as well known in America in 1946 and 1947 383 00:24:33,610 --> 00:24:35,059 than Isaac Woodard. 384 00:24:38,373 --> 00:24:40,824 So many victims of Southern violence are not alive. 385 00:24:42,826 --> 00:24:46,795 Their bullet-ridden corpses are in a grave somewhere, 386 00:24:46,864 --> 00:24:51,110 but he's alive to talk about his story. 387 00:24:53,043 --> 00:24:57,841 My dad told me he remembers when the mailman would arrive daily, 388 00:24:57,910 --> 00:25:02,017 he would have a huge duffel bag that he would carry 389 00:25:02,086 --> 00:25:04,399 and the letters would just pour out onto the floor. 390 00:25:06,539 --> 00:25:12,683 How does Isaac Woodard negotiate this new world that he's in? 391 00:25:12,752 --> 00:25:15,997 He's blinded, he's got to figure out how to support himself 392 00:25:16,066 --> 00:25:19,828 and also being called upon to be a symbol, 393 00:25:19,897 --> 00:25:22,175 where he didn't want to be a symbol. 394 00:25:22,244 --> 00:25:25,558 He just was expecting to be discharged from the Army 395 00:25:25,627 --> 00:25:26,973 and go back to his family. 396 00:25:30,183 --> 00:25:32,392 The blind soldier fought for me in this war. 397 00:25:32,461 --> 00:25:36,017 The least I can do now is fight for him. 398 00:25:36,086 --> 00:25:39,020 I have eyes. He hasn't. 399 00:25:39,089 --> 00:25:42,092 I was born a white man. 400 00:25:42,161 --> 00:25:45,613 And until a colored man is a full citizen, like me, 401 00:25:45,682 --> 00:25:48,926 I haven't the leisure to enjoy the freedom that colored man 402 00:25:48,995 --> 00:25:53,552 risked his life to maintain for me. 403 00:25:53,621 --> 00:25:58,971 I don't own what I have until he owns an equal share of it. 404 00:26:02,181 --> 00:26:05,978 Until somebody beats me and blinds me, 405 00:26:06,047 --> 00:26:08,843 I am in his debt. 406 00:26:12,329 --> 00:26:17,058 The Welles broadcast generated huge attention. 407 00:26:17,127 --> 00:26:21,476 The N.A.A.C.P. built on that and civil rights groups 408 00:26:21,545 --> 00:26:25,445 around the country were writing letters demanding 409 00:26:25,514 --> 00:26:29,104 for the prosecution of this police officer 410 00:26:29,173 --> 00:26:31,348 for the beating and blinding of Sergeant Woodard. 411 00:26:34,247 --> 00:26:38,389 In terms of getting justice for Isaac Woodard, 412 00:26:38,458 --> 00:26:41,530 it's going to be extremely difficult, if not impossible. 413 00:26:41,600 --> 00:26:46,121 There are no prosecutions of white police officers 414 00:26:46,190 --> 00:26:49,884 by the federal government for excessive force. 415 00:26:49,953 --> 00:26:53,957 They're getting 1,000 to 2,000 complaints a year, 416 00:26:54,026 --> 00:26:57,512 and they're essentially not doing much. 417 00:26:59,618 --> 00:27:02,966 Everybody understood that Southern state governments 418 00:27:03,035 --> 00:27:05,313 did not protect against violence. 419 00:27:05,382 --> 00:27:10,870 In fact, local officials were often the purveyors of violence. 420 00:27:10,939 --> 00:27:13,632 So, there'd been calls and calls and calls 421 00:27:13,701 --> 00:27:17,152 on the federal government to take some kind of action. 422 00:27:17,221 --> 00:27:20,155 But the Department of Justice had largely been 423 00:27:20,224 --> 00:27:21,985 unwilling to step up to that task. 424 00:27:22,054 --> 00:27:26,127 The Justice Department had endless explanations 425 00:27:26,196 --> 00:27:29,924 about why it simply wasn't possible to do this. 426 00:27:29,993 --> 00:27:34,687 You had all white juries, all white grand juries. 427 00:27:34,756 --> 00:27:35,964 Why are they all white? 428 00:27:36,033 --> 00:27:39,347 Because African Americans are disenfranchised. 429 00:27:39,416 --> 00:27:42,108 And getting a conviction against a white police officer 430 00:27:42,177 --> 00:27:43,558 is not realistic. 431 00:27:43,627 --> 00:27:47,113 It's not going to happen in the South. 432 00:27:47,182 --> 00:27:49,529 There's this part of it that is about treating the South 433 00:27:49,598 --> 00:27:53,223 as though it is some peculiar, unique, hothouse flower 434 00:27:53,292 --> 00:27:55,087 that has to be handled carefully. 435 00:27:56,502 --> 00:27:59,056 And that, that, that you kind of didn't try to interfere 436 00:27:59,125 --> 00:28:01,990 with something that was regarded as kind of cultural. 437 00:28:02,059 --> 00:28:06,892 And this really comes out of the idea that Southern mores 438 00:28:06,961 --> 00:28:09,964 were sufficiently different, that it would do you no good 439 00:28:10,033 --> 00:28:12,863 to try to interfere with them. 440 00:28:12,932 --> 00:28:16,177 What the N.A.A.C.P. can do 441 00:28:16,246 --> 00:28:19,870 is try to channel righteous outrage, 442 00:28:19,939 --> 00:28:26,739 try to shine a light on this incredibly heinous incident 443 00:28:26,808 --> 00:28:32,296 and perhaps go above the head of local law enforcement 444 00:28:32,365 --> 00:28:37,474 to Washington to prick the conscience of the president. 445 00:28:37,543 --> 00:28:40,235 And that, perhaps, through the powers of the presidency, 446 00:28:40,304 --> 00:28:45,206 some change can come to the South. 447 00:28:45,275 --> 00:28:47,795 There'd been a long tradition of Black leaders 448 00:28:47,864 --> 00:28:49,866 meeting with presidents of the United States. 449 00:28:49,935 --> 00:28:54,456 But there's a lot of suspicion of Truman. 450 00:28:54,525 --> 00:28:56,389 You know, how liberal is he? 451 00:28:56,458 --> 00:28:59,289 How sympathetic to the N.A.A.C.P. is he going to be? 452 00:28:59,358 --> 00:29:03,603 Nothing in Truman's background would lead one to believe 453 00:29:03,672 --> 00:29:07,918 that he would act differently than the presidents before him. 454 00:29:13,303 --> 00:29:15,892 Civil rights leaders had good reason to regard Harry Truman 455 00:29:15,961 --> 00:29:19,654 as an unlikely champion of Black Americans. 456 00:29:19,723 --> 00:29:23,623 He had grown up in Independence, Missouri, 457 00:29:23,692 --> 00:29:27,627 a town that still celebrated its Confederate heritage. 458 00:29:29,837 --> 00:29:31,424 Truman's grandparents on both sides 459 00:29:31,493 --> 00:29:34,945 were rebel partisans and slaveowners. 460 00:29:35,014 --> 00:29:38,190 Harry Truman's mother thought John Wilkes Booth 461 00:29:38,259 --> 00:29:39,950 was an American hero. 462 00:29:40,019 --> 00:29:42,711 She refused to sleep in the Lincoln bedroom 463 00:29:42,781 --> 00:29:44,472 in the White House. 464 00:29:44,541 --> 00:29:49,891 He grew up in a household where belief in white supremacy 465 00:29:49,960 --> 00:29:52,307 was simply in the air. 466 00:29:52,376 --> 00:29:56,242 People used racial epithets very casually 467 00:29:56,311 --> 00:29:59,936 and he continued to use them well into his adult life. 468 00:30:03,008 --> 00:30:05,734 Despite his background, President Truman was willing 469 00:30:05,804 --> 00:30:08,703 to listen to the concerns of civil rights advocates. 470 00:30:10,912 --> 00:30:13,121 On September 19, 1946, 471 00:30:13,190 --> 00:30:16,055 Truman invited Walter White and a delegation 472 00:30:16,124 --> 00:30:17,677 of religious and labor leaders 473 00:30:17,746 --> 00:30:20,059 for a meeting in the Oval Office. 474 00:30:23,442 --> 00:30:27,170 The meeting begins and the civil rights leaders 475 00:30:27,239 --> 00:30:31,208 are asking the president to pass legislation 476 00:30:31,277 --> 00:30:33,762 prohibiting lynching in America. 477 00:30:33,832 --> 00:30:35,972 Harry Truman says to the leaders, 478 00:30:36,041 --> 00:30:38,767 "I understand your concerns, 479 00:30:38,837 --> 00:30:44,118 but there's not the will in this country for new legislation." 480 00:30:44,187 --> 00:30:47,604 Walter White is listening to this discussion. 481 00:30:47,673 --> 00:30:53,161 And he realizes that Harry Truman doesn't get it. 482 00:30:53,230 --> 00:30:56,509 He stops the discussion and says, "Mr. President, 483 00:30:56,578 --> 00:31:00,341 I need to tell you the story of the blinding of Isaac Woodard." 484 00:31:05,173 --> 00:31:08,970 People like Harry Truman need to be woken up. 485 00:31:09,039 --> 00:31:11,697 That was part of the N.A.A.C.P.'s job, 486 00:31:11,766 --> 00:31:13,492 was to wake people up 487 00:31:13,561 --> 00:31:16,184 to injustices they tolerated, 488 00:31:16,253 --> 00:31:17,461 that they ignored, 489 00:31:17,530 --> 00:31:20,637 that they were complicit in, and to make them see it. 490 00:31:25,435 --> 00:31:27,609 Harry Truman, decades earlier, after World War I had been 491 00:31:27,678 --> 00:31:29,301 a returning veteran. 492 00:31:29,370 --> 00:31:32,235 A white returning veteran, to be sure, 493 00:31:32,304 --> 00:31:34,409 but the idea that a war veteran 494 00:31:34,478 --> 00:31:36,929 wearing his uniform could be pulled off a bus 495 00:31:36,998 --> 00:31:41,761 and attacked and beaten by law enforcement officers, 496 00:31:41,830 --> 00:31:44,937 surprised Truman and enraged him. 497 00:31:45,006 --> 00:31:50,598 Truman became red-faced, extremely agitated, 498 00:31:50,667 --> 00:31:55,672 jaw clenched, and then turns to his staff and says, 499 00:31:55,741 --> 00:31:58,917 "My God, I didn't know it was as terrible as this. 500 00:31:58,986 --> 00:32:01,057 We have got to do something." 501 00:32:05,958 --> 00:32:07,995 The next day, the president fired off a letter 502 00:32:08,064 --> 00:32:11,274 to his attorney general, referencing Isaac Woodard 503 00:32:11,343 --> 00:32:13,966 and insisting it would "require the inauguration 504 00:32:14,035 --> 00:32:19,834 of some sort of policy to prevent such happenings." 505 00:32:19,903 --> 00:32:23,907 Five days later, at Truman's insistence, 506 00:32:23,976 --> 00:32:26,427 the attorney general ordered federal prosecutors 507 00:32:26,496 --> 00:32:29,844 in South Carolina to initiate criminal proceedings 508 00:32:29,913 --> 00:32:34,090 against Police Chief Lynwood Shull. 509 00:32:34,159 --> 00:32:36,368 This is unprecedented 510 00:32:36,437 --> 00:32:39,958 for the president of the United States 511 00:32:40,027 --> 00:32:44,238 to involve himself in what white Southerners see 512 00:32:44,307 --> 00:32:46,723 as a local matter. 513 00:32:50,002 --> 00:32:52,142 This was a way of life for them. 514 00:32:52,211 --> 00:32:56,836 They thought it was perfectly normal for a Southern sheriff 515 00:32:56,905 --> 00:32:59,908 to get away with blinding a Black man. 516 00:33:02,635 --> 00:33:07,088 And so the mere fact of the federal government's attention, 517 00:33:07,157 --> 00:33:10,919 and engagement demonstrated that someone was watching. 518 00:33:10,989 --> 00:33:14,751 It demonstrated that perhaps the South would not be treated 519 00:33:14,820 --> 00:33:18,651 as this peculiar region that we won't touch. 520 00:33:18,720 --> 00:33:21,516 It was very, very powerful. 521 00:33:21,585 --> 00:33:26,038 President Truman's resolve to hold Chief Shull accountable 522 00:33:26,107 --> 00:33:29,490 was met with predictable resistance, 523 00:33:29,559 --> 00:33:34,805 even by the U.S. attorney in charge of the case. 524 00:33:34,874 --> 00:33:40,915 It is greeted in South Carolina with shock, anger, revulsion, 525 00:33:40,984 --> 00:33:44,091 in the white political leadership. 526 00:33:44,160 --> 00:33:45,816 The U.S. attorney for South Carolina 527 00:33:45,885 --> 00:33:49,199 wanted no part of this case. 528 00:33:49,268 --> 00:33:51,167 The Justice Department makes it very clear, 529 00:33:51,236 --> 00:33:52,858 this is not a matter of debate, 530 00:33:52,927 --> 00:33:53,997 this is an order. 531 00:33:54,066 --> 00:33:55,274 You are to bring this case. 532 00:34:05,319 --> 00:34:09,564 When Isaac Woodard returned to South Carolina for the trial, 533 00:34:09,633 --> 00:34:13,051 the N.A.A.C.P. dispatched Franklin Williams, 534 00:34:13,120 --> 00:34:17,607 one of their finest attorneys, to accompany him. 535 00:34:17,676 --> 00:34:20,610 The N.A.A.C.P. sends Franklin Williams to travel 536 00:34:20,679 --> 00:34:23,061 with Isaac Woodard for several reasons: 537 00:34:23,130 --> 00:34:27,134 he's blind, he needed somebody to navigate around, 538 00:34:27,203 --> 00:34:28,583 and also they fundamentally don't trust 539 00:34:28,652 --> 00:34:30,447 the Department of Justice. 540 00:34:33,001 --> 00:34:35,280 Franklin Williams recognizes that the object 541 00:34:35,349 --> 00:34:38,731 of this entire thing was to make it almost like a culture war. 542 00:34:38,800 --> 00:34:40,837 It was going to be a Southern way of life 543 00:34:40,906 --> 00:34:45,704 versus these Northern activists and intruders trying to dictate 544 00:34:45,773 --> 00:34:47,361 their way of life on the South. 545 00:34:49,742 --> 00:34:52,297 Williams offered plenty of assistance to the prosecution 546 00:34:52,366 --> 00:34:54,954 at their first and only meeting, 547 00:34:55,023 --> 00:34:58,199 less than 24 hours before the start of the trial. 548 00:34:58,268 --> 00:35:00,374 He had a list of possible witnesses, 549 00:35:00,443 --> 00:35:03,377 including bus passengers who had seen Lynnwood Shull's 550 00:35:03,446 --> 00:35:07,381 first unprovoked blows to Woodard's head. 551 00:35:08,761 --> 00:35:10,832 He also had at the ready a report 552 00:35:10,901 --> 00:35:14,388 by N.A.A.C.P. investigators detailing Shull's history 553 00:35:14,457 --> 00:35:19,634 of violence against the Black citizens in Batesburg. 554 00:35:19,703 --> 00:35:22,085 But the prosecution waved him off. 555 00:35:30,335 --> 00:35:33,234 On the morning of November 5, 1946, 556 00:35:33,303 --> 00:35:37,204 the courtroom in Columbia was tense and segregated. 557 00:35:38,998 --> 00:35:42,830 Shull's supporters occupied one section of the gallery, 558 00:35:42,899 --> 00:35:44,694 determined to witness the repudiation 559 00:35:44,763 --> 00:35:47,455 of a federal government gone too far. 560 00:35:49,008 --> 00:35:51,218 A delegation of anxious Black college students 561 00:35:51,287 --> 00:35:52,529 took up the other half, 562 00:35:52,598 --> 00:35:55,222 hoping to catch the first glimmers 563 00:35:55,291 --> 00:35:57,534 of a sea change in Southern justice. 564 00:36:02,470 --> 00:36:05,956 A hush fell over the room as Judge J. Waties Waring 565 00:36:06,025 --> 00:36:08,131 called the trial to order. 566 00:36:10,168 --> 00:36:14,931 J. Waties Waring was an eighth-generation Charlestonian. 567 00:36:15,000 --> 00:36:19,107 His father was a Confederate veteran, 568 00:36:19,177 --> 00:36:23,905 multiple generations of his family were slaveholders. 569 00:36:23,974 --> 00:36:27,150 He was no advocate for civil rights. 570 00:36:27,219 --> 00:36:30,636 And he, frankly, early on when he got assigned this case, 571 00:36:30,705 --> 00:36:33,398 he had a lot of doubts about the appropriateness 572 00:36:33,467 --> 00:36:36,884 of the federal government to prosecute a police officer. 573 00:36:39,645 --> 00:36:43,925 Judge Waring, like most in South Carolina's political class, 574 00:36:43,994 --> 00:36:45,996 harbored plenty of suspicions 575 00:36:46,065 --> 00:36:48,896 about federal intervention in this case. 576 00:36:48,965 --> 00:36:51,795 Chiefly, that President Truman was motivated more 577 00:36:51,864 --> 00:36:56,524 by the coming midterms than a concern for justice. 578 00:36:56,593 --> 00:36:59,596 But Waring's skepticism began unraveling 579 00:36:59,665 --> 00:37:02,081 as soon as Isaac Woodard rose to testify. 580 00:37:04,739 --> 00:37:06,707 He's wearing a brown suit. 581 00:37:06,776 --> 00:37:08,467 He has sunglasses. 582 00:37:08,536 --> 00:37:10,228 He has to be guided to the witness chair 583 00:37:10,297 --> 00:37:12,678 by court personnel. 584 00:37:12,747 --> 00:37:15,474 And he then begins on the direct examination 585 00:37:15,543 --> 00:37:19,720 to describe what happened, 586 00:37:19,789 --> 00:37:24,587 and the story is just completely credible. 587 00:37:24,656 --> 00:37:28,073 Waring knows it's true. 588 00:37:28,142 --> 00:37:33,872 Waring is face-to-face with this man who bears on his body 589 00:37:33,941 --> 00:37:37,427 the scars of Southern racism. 590 00:37:37,496 --> 00:37:39,187 He cannot look away from this 591 00:37:39,257 --> 00:37:44,227 walking, talking tragedy of injustice. 592 00:37:46,125 --> 00:37:49,439 The crux of the case is whether excessive and unnecessary force 593 00:37:49,508 --> 00:37:54,755 was used in regard to Isaac Woodard. 594 00:37:54,824 --> 00:37:56,619 The police chief claimed 595 00:37:56,688 --> 00:38:01,106 "I only hit him once, I don't know how he got blinded." 596 00:38:01,175 --> 00:38:05,490 But how do you crush the globes of both eyes with one strike? 597 00:38:09,839 --> 00:38:11,910 The government finished presenting its case 598 00:38:11,979 --> 00:38:16,052 against Shull after just an hour and 25 minutes. 599 00:38:16,121 --> 00:38:19,573 The prosecutors had not called witnesses who had seen 600 00:38:19,642 --> 00:38:22,852 the attack unfold, or presented any evidence 601 00:38:22,921 --> 00:38:25,337 about Chief Shull's pattern of violence against 602 00:38:25,406 --> 00:38:29,307 the Black citizens of Batesburg. 603 00:38:29,376 --> 00:38:31,550 As the prosecution rested, 604 00:38:31,619 --> 00:38:34,208 Franklin Williams sat in the courtroom, 605 00:38:34,277 --> 00:38:37,349 furiously scrawling notes. 606 00:38:40,973 --> 00:38:42,837 It was going to be a difficult case to win, 607 00:38:42,906 --> 00:38:44,770 but even given that, 608 00:38:44,839 --> 00:38:49,982 the Department of Justice acted with incompetence. 609 00:38:50,051 --> 00:38:54,435 They failed to call key witnesses. 610 00:38:54,504 --> 00:38:59,267 They let the defense lawyers examine the jury pool 611 00:38:59,337 --> 00:39:01,166 and asked them whether they'd been members... 612 00:39:01,235 --> 00:39:02,650 all these white people... 613 00:39:02,719 --> 00:39:05,377 asked them whether they'd been members of the N.A.A.C.P. 614 00:39:05,446 --> 00:39:07,345 I mean they never asked them whether they'd been members 615 00:39:07,414 --> 00:39:08,415 of the Ku Klux Klan. 616 00:39:10,969 --> 00:39:14,662 They were just sort of incompetent from top to bottom. 617 00:39:14,731 --> 00:39:16,388 There's a reason for that. 618 00:39:16,457 --> 00:39:18,459 This is not a case that the Justice Department 619 00:39:18,528 --> 00:39:19,874 wanted to bring. 620 00:39:19,943 --> 00:39:23,533 And at trial, they showed that their heart was not in it. 621 00:39:23,602 --> 00:39:26,674 Judge Waring was horrified that he was made part 622 00:39:26,743 --> 00:39:28,331 of this travesty. 623 00:39:28,400 --> 00:39:32,059 He sends the jury out to deliberate, 624 00:39:32,128 --> 00:39:34,164 and he tells his assistant United States marshal, 625 00:39:34,233 --> 00:39:36,339 "I'll be back in a few minutes. 626 00:39:36,408 --> 00:39:41,896 And the bewildered marshal says, "Your Honor, you can't leave. 627 00:39:41,965 --> 00:39:45,590 This jury is going to be back in five minutes." 628 00:39:45,659 --> 00:39:47,212 He says, "They're not coming back in five minutes 629 00:39:47,281 --> 00:39:49,352 because I won't be here." 630 00:39:52,044 --> 00:39:57,084 He was not going to allow a jury to do a five-minute verdict, 631 00:39:57,153 --> 00:40:00,052 which he thought would just be the capstone 632 00:40:00,121 --> 00:40:03,228 of a great injustice. 633 00:40:03,297 --> 00:40:04,712 That part he controlled, 634 00:40:04,781 --> 00:40:07,715 and he made them sit in that room and stew in their juices, 635 00:40:07,784 --> 00:40:09,303 until he got back. 636 00:40:12,133 --> 00:40:14,791 Judge Waring walks down Main Street to the state capitol, 637 00:40:14,860 --> 00:40:17,932 and when he comes back 25 minutes later, 638 00:40:18,001 --> 00:40:19,555 they're banging on that door. 639 00:40:19,624 --> 00:40:21,557 They've been banging on it for 20 minutes 640 00:40:21,626 --> 00:40:24,111 and they come out and they announce 641 00:40:24,180 --> 00:40:26,354 the acquittal of Lynwood Shull. 642 00:40:33,431 --> 00:40:35,812 An exhausted Isaac Woodard had already retreated 643 00:40:35,881 --> 00:40:40,058 back to his hotel when he received the news. 644 00:40:40,127 --> 00:40:44,027 He wept, then collected himself, 645 00:40:44,096 --> 00:40:47,306 and stepped outside to face reporters. 646 00:40:48,791 --> 00:40:52,622 "I'm not mad at anybody," he told them. 647 00:40:52,691 --> 00:40:54,382 "I just feel bad. 648 00:40:54,452 --> 00:40:57,040 "That's all. 649 00:40:57,109 --> 00:40:59,180 I just feel bad." 650 00:41:09,984 --> 00:41:12,849 Inside the courthouse, Judge Waring hastily packed up 651 00:41:12,918 --> 00:41:16,474 his briefcase and then hurried to meet his wife, Elizabeth, 652 00:41:16,543 --> 00:41:19,787 whom he found badly shaken. 653 00:41:19,856 --> 00:41:22,859 She had attended the trial. 654 00:41:22,928 --> 00:41:25,413 And she found 655 00:41:25,483 --> 00:41:30,936 the facts of the case astonishing, cruel, vicious. 656 00:41:31,005 --> 00:41:34,768 When the jury came back and acquitted Shull, 657 00:41:34,837 --> 00:41:36,424 no one noticed that she slipped 658 00:41:36,494 --> 00:41:39,462 out of the back of the courtroom in tears. 659 00:41:41,982 --> 00:41:48,160 She was profoundly moved by the testimony of Isaac Woodard, 660 00:41:48,229 --> 00:41:53,269 about what had happened to him at the hands of Chief Shull. 661 00:41:53,338 --> 00:41:57,653 She said she had never seen, never appreciated, 662 00:41:57,722 --> 00:42:02,761 never understood that these sorts of things could happen. 663 00:42:07,732 --> 00:42:12,460 Elizabeth Avery Waring was from a well-to-do family in Michigan 664 00:42:12,530 --> 00:42:15,463 and had only come South late in life. 665 00:42:17,431 --> 00:42:19,433 Like Waties, she had never paid much attention 666 00:42:19,502 --> 00:42:24,334 to the racial caste system in and around Charleston. 667 00:42:28,097 --> 00:42:30,340 Charleston, a gracious old city, 668 00:42:30,409 --> 00:42:32,826 where memories and traditions live and thrive 669 00:42:32,895 --> 00:42:34,690 in a congenial air. 670 00:42:37,106 --> 00:42:40,385 Everywhere is an old time, almost an old world, 671 00:42:40,454 --> 00:42:42,076 charm and quaintness. 672 00:42:48,324 --> 00:42:50,844 And everywhere, of course, the Negroes. 673 00:42:52,500 --> 00:42:54,606 The real Negro quarters in Charleston may not boast 674 00:42:54,675 --> 00:42:57,678 classic colonial architecture in all its flower, 675 00:42:57,747 --> 00:42:59,646 but it has a quaintness all its own. 676 00:43:02,545 --> 00:43:05,065 The Southern system of segregation wasn't just 677 00:43:05,134 --> 00:43:06,756 some benign system that 678 00:43:06,825 --> 00:43:11,381 whites and Blacks acceded to and everybody was happy. 679 00:43:16,766 --> 00:43:18,492 It was a violent system. 680 00:43:20,977 --> 00:43:23,359 It was based on violence. 681 00:43:23,428 --> 00:43:24,671 If you got out of line, 682 00:43:24,740 --> 00:43:26,845 there was violent repression, 683 00:43:26,914 --> 00:43:30,124 and Woodard exemplified that. 684 00:43:30,193 --> 00:43:31,436 You know, for someone like Waring, 685 00:43:31,505 --> 00:43:34,232 he'd spent his whole life ignoring that. 686 00:43:34,301 --> 00:43:39,582 "I couldn't take it, at first," Waring would later admit. 687 00:43:39,651 --> 00:43:42,378 "I used to say it couldn't be true. 688 00:43:42,447 --> 00:43:46,451 "You grow up in it and the moss gets in your eyes. 689 00:43:46,520 --> 00:43:51,387 "You learn to rationalize away the evil and filth 690 00:43:51,456 --> 00:43:55,909 and you see magnolias instead." 691 00:43:55,978 --> 00:43:58,739 There is a willful blindness, frankly, 692 00:43:58,808 --> 00:44:02,812 among most white people about the truth of racism 693 00:44:02,881 --> 00:44:04,469 and white supremacy in this country. 694 00:44:08,404 --> 00:44:10,268 There is some ignorance because, of course, 695 00:44:10,337 --> 00:44:12,615 we live very segregated lives, 696 00:44:12,684 --> 00:44:16,792 but it's right to say how could he possibly not have known? 697 00:44:16,861 --> 00:44:19,380 He could not have known because 698 00:44:19,449 --> 00:44:24,420 to be a comfortable middle-class white person in this country 699 00:44:24,489 --> 00:44:28,010 generally involves refusing to see what is hiding 700 00:44:28,079 --> 00:44:30,115 in plain sight. 701 00:44:32,393 --> 00:44:37,122 The trial shattered their illusion about the benign nature 702 00:44:37,191 --> 00:44:39,331 of Southern life. 703 00:44:41,333 --> 00:44:44,992 And, once shattered, where do they go? 704 00:44:45,061 --> 00:44:51,171 There was just no tolerance in Southern society of that day, 705 00:44:51,240 --> 00:44:54,795 to any honest discussion about race. 706 00:44:54,864 --> 00:44:59,662 Any questioning of Jim Crow was viewed by the segregationists 707 00:44:59,731 --> 00:45:03,459 as an existential threat. 708 00:45:03,528 --> 00:45:05,944 There was no course on this. 709 00:45:06,013 --> 00:45:09,292 They certainly didn't know of anyone in Charleston 710 00:45:09,361 --> 00:45:12,330 that could help them better understand, 711 00:45:12,399 --> 00:45:17,507 so the two of them begin a series of study 712 00:45:17,576 --> 00:45:21,270 on race relations in the South. 713 00:45:21,339 --> 00:45:23,272 They take in books every night, they read them, 714 00:45:23,341 --> 00:45:26,240 and then they have sessions after dinner where they ask 715 00:45:26,309 --> 00:45:28,898 each other questions, and they basically 716 00:45:28,967 --> 00:45:31,901 create their own personal seminar to try 717 00:45:31,970 --> 00:45:33,869 to understand racism in America. 718 00:45:38,977 --> 00:45:41,531 The Warings started with two groundbreaking new works 719 00:45:41,600 --> 00:45:44,949 that examined the origins and the impact of white supremacy 720 00:45:45,018 --> 00:45:49,608 in the South: W.J. Cash's book, "The Mind of the South," 721 00:45:49,677 --> 00:45:53,267 and Gunnar Myrdal's "An American Dilemma." 722 00:45:53,336 --> 00:45:55,580 Both books destroyed the comforting story 723 00:45:55,649 --> 00:45:57,996 white Southerners liked to tell themselves: 724 00:45:58,065 --> 00:46:01,310 that slavery and Jim Crow had always been 725 00:46:01,379 --> 00:46:03,105 paternal institutions 726 00:46:03,174 --> 00:46:06,971 and that the "Negro" had long lived under the protections 727 00:46:07,040 --> 00:46:08,800 of a benevolent master race. 728 00:46:13,909 --> 00:46:16,981 Both made plain that white moderates, like Waring himself, 729 00:46:17,050 --> 00:46:20,432 were complicit in this racist, violent system. 730 00:46:20,501 --> 00:46:24,333 These are important books, they're complicated books, 731 00:46:24,402 --> 00:46:26,714 they're challenging books. 732 00:46:26,784 --> 00:46:32,099 Judge Waring described them as tough medicine for him. 733 00:46:32,168 --> 00:46:35,758 They rode through different neighborhoods 734 00:46:35,827 --> 00:46:38,934 and began to see the different ways 735 00:46:39,003 --> 00:46:42,316 that white Charlestonians and Black Charlestonians 736 00:46:42,385 --> 00:46:45,872 experienced life in the city. 737 00:46:50,359 --> 00:46:53,258 As they began to read, 738 00:46:53,327 --> 00:46:55,916 and understand, and question 739 00:46:55,985 --> 00:46:59,678 all that they've thought about race in the past, 740 00:46:59,747 --> 00:47:04,407 it becomes clear to both of them that the road ahead 741 00:47:04,476 --> 00:47:07,686 is going to be a rocky road, 742 00:47:07,755 --> 00:47:10,758 but that this just may be the road 743 00:47:10,828 --> 00:47:14,486 that they are uniquely prepared to follow. 744 00:47:18,697 --> 00:47:21,977 Looking askance at Charleston society wasn't such a great leap 745 00:47:22,046 --> 00:47:23,668 for either of the Warings, 746 00:47:23,737 --> 00:47:26,084 who had been increasingly feeling like outsiders 747 00:47:26,153 --> 00:47:28,293 in their own hometown. 748 00:47:30,882 --> 00:47:33,851 Just the previous year, Judge Waring had scandalized 749 00:47:33,920 --> 00:47:36,405 his friends and neighbors by abruptly announcing 750 00:47:36,474 --> 00:47:39,339 to his first wife, Annie, that he'd fallen in love 751 00:47:39,408 --> 00:47:42,307 with their bridge partner, Elizabeth. 752 00:47:44,378 --> 00:47:47,934 Divorce was not only frowned upon in South Carolina; 753 00:47:48,003 --> 00:47:50,522 it was illegal. 754 00:47:50,591 --> 00:47:53,422 But Waring devised a plan to send Annie to Florida, 755 00:47:53,491 --> 00:47:57,702 where she could legally petition for divorce. 756 00:47:57,771 --> 00:48:00,947 A week after the dissolution of his marriage to Annie, 757 00:48:01,016 --> 00:48:04,847 Waties and Elizabeth were wed. 758 00:48:06,297 --> 00:48:07,436 Their friends in Charleston... 759 00:48:07,505 --> 00:48:08,886 we're talking about a couple hundred people, 760 00:48:08,955 --> 00:48:10,991 the sort of social set in Charleston... 761 00:48:11,060 --> 00:48:17,204 they blame Elizabeth for the breakup of the marriage. 762 00:48:17,273 --> 00:48:21,657 Elizabeth, a Northerner now on her third marriage, 763 00:48:21,726 --> 00:48:25,385 was an easy target for Charleston's society dames, 764 00:48:25,454 --> 00:48:28,664 who branded her a "floozie" and told their children, 765 00:48:28,733 --> 00:48:32,806 "You may be polite if the new Mrs. Waring speaks to you, 766 00:48:32,875 --> 00:48:35,188 but never address her." 767 00:48:35,257 --> 00:48:38,674 The judge noted that even his oldest friends 768 00:48:38,743 --> 00:48:41,746 crossed the street to avoid him. 769 00:48:41,815 --> 00:48:44,887 They clearly were surprised by their treatment 770 00:48:44,956 --> 00:48:47,027 because they both had been very engaged in the social life 771 00:48:47,096 --> 00:48:49,857 in Charleston. 772 00:48:49,927 --> 00:48:53,620 And having been read out of Charleston's high society, 773 00:48:53,689 --> 00:48:56,519 he was prepared to look more critically at the world 774 00:48:56,588 --> 00:49:00,178 in which he had previously lived and accepted unquestionably. 775 00:49:10,740 --> 00:49:12,950 By the end of 1946, 776 00:49:13,019 --> 00:49:16,781 a racial reckoning in the United States seemed inevitable. 777 00:49:16,850 --> 00:49:21,096 Like the Warings, President Harry Truman felt 778 00:49:21,165 --> 00:49:24,306 called to respond to the blinding of Isaac Woodard 779 00:49:24,375 --> 00:49:27,343 and the mockery it made of the principles 780 00:49:27,412 --> 00:49:31,554 America had just defended in a long and brutal war. 781 00:49:31,623 --> 00:49:35,593 But political forces had left Truman with limited power 782 00:49:35,662 --> 00:49:39,045 to take action against white supremacy. 783 00:49:43,463 --> 00:49:46,500 On the same day Woodard's assailant walked free, 784 00:49:46,569 --> 00:49:48,916 November 5, 1946, 785 00:49:48,986 --> 00:49:51,402 the president absorbed a stunning repudiation 786 00:49:51,471 --> 00:49:52,955 at the polls. 787 00:49:53,024 --> 00:49:56,752 Democrats lost both the House and the Senate 788 00:49:56,821 --> 00:49:59,962 for the first time in a generation. 789 00:50:00,031 --> 00:50:04,656 Forcing the question of civil rights, Truman understood, 790 00:50:04,725 --> 00:50:08,660 was likely to weaken the party further. 791 00:50:08,729 --> 00:50:12,250 Harry Truman has to deal with political realities, 792 00:50:12,319 --> 00:50:14,770 and the realities are that the Democratic Party 793 00:50:14,839 --> 00:50:18,946 is an unwieldy coalition 794 00:50:19,016 --> 00:50:21,708 including white Southerners, who are staunchly segregationist 795 00:50:21,777 --> 00:50:23,951 and supporters of white supremacy, 796 00:50:24,021 --> 00:50:29,164 and this new and growing group of African-American voters. 797 00:50:29,233 --> 00:50:35,135 Truman knows that any move that he makes on civil rights, 798 00:50:35,204 --> 00:50:39,829 he risks alienating Southern white Democrats. 799 00:50:39,898 --> 00:50:43,833 But at this moment, 800 00:50:43,902 --> 00:50:48,942 when he sees a representative of the United States, 801 00:50:49,011 --> 00:50:55,224 a soldier in uniform, Isaac Woodard, who is maimed... 802 00:50:55,293 --> 00:50:57,192 it sounds simplistic, but I think something 803 00:50:57,261 --> 00:50:59,711 just kind of clicks in him, that this simply cannot stand. 804 00:51:02,369 --> 00:51:05,821 We hold ourselves up as the beacon of democracy. 805 00:51:05,890 --> 00:51:08,893 We hold ourselves up as moral leaders. 806 00:51:08,962 --> 00:51:13,898 Moral leaders do not blind their own servicemen. 807 00:51:19,973 --> 00:51:22,251 On December 5, 1946, 808 00:51:22,320 --> 00:51:25,737 one month after the acquittal of Isaac Woodard's attacker, 809 00:51:25,806 --> 00:51:28,982 Harry Truman signed an executive order establishing 810 00:51:29,051 --> 00:51:32,019 the President's Committee on Civil Rights. 811 00:51:32,089 --> 00:51:35,851 The president charged his new committee with laying bare 812 00:51:35,920 --> 00:51:39,268 hard truths about the intimidation and violence used 813 00:51:39,337 --> 00:51:41,857 to enforce racial segregation, 814 00:51:41,926 --> 00:51:45,861 and with recommending concrete measures to safeguard 815 00:51:45,930 --> 00:51:48,208 the rights of every American, 816 00:51:48,277 --> 00:51:51,384 regardless of race, creed, or religion. 817 00:51:53,558 --> 00:51:56,872 Harry Truman is a politician, 818 00:51:56,941 --> 00:52:01,463 and political considerations are never far from 819 00:52:01,532 --> 00:52:04,466 the ambit of a politician's decisions. 820 00:52:06,468 --> 00:52:09,160 But there were certain actions he took which could not be 821 00:52:09,229 --> 00:52:13,337 explained on the basis of political advantage. 822 00:52:13,406 --> 00:52:16,857 He appointed the President's Committee on Civil Rights, 823 00:52:16,926 --> 00:52:21,207 I think, probably more for moral reasons than anything else. 824 00:52:21,276 --> 00:52:22,242 He saw injustice. 825 00:52:22,311 --> 00:52:23,347 He was outraged by it. 826 00:52:23,416 --> 00:52:25,349 He thought that he should do something. 827 00:52:25,418 --> 00:52:30,250 And given Truman's background, it undoubtedly was a surprise 828 00:52:30,319 --> 00:52:33,874 to civil rights advocates. 829 00:52:33,943 --> 00:52:36,049 Truman said many things that were absolutely racist 830 00:52:36,118 --> 00:52:37,775 and indefensible. 831 00:52:37,844 --> 00:52:41,744 They were what we would consider of the time for a white man 832 00:52:41,813 --> 00:52:44,402 from Missouri. 833 00:52:44,471 --> 00:52:47,888 But Truman saw no contradiction between these personal views 834 00:52:47,957 --> 00:52:51,823 and what he saw as America's legal obligations 835 00:52:51,892 --> 00:52:53,480 to its citizens. 836 00:52:53,549 --> 00:52:55,931 That it does not matter what you personally feel, 837 00:52:56,000 --> 00:52:57,691 whom you would have to your home for dinner, 838 00:52:57,760 --> 00:52:59,659 or whom you would have a glass of bourbon with 839 00:52:59,728 --> 00:53:00,867 at the end of the day. 840 00:53:00,936 --> 00:53:03,594 What matters is that these people have rights 841 00:53:03,663 --> 00:53:04,836 under the constitution 842 00:53:04,905 --> 00:53:08,185 because this is the United States of America. 843 00:53:18,574 --> 00:53:23,096 ♪ Lift every voice and sing ♪ 844 00:53:23,165 --> 00:53:27,825 ♪ Lift every voice and sing ♪ 845 00:53:27,894 --> 00:53:33,279 On a brutally hot, humid day at the end of June 1947, 846 00:53:33,348 --> 00:53:37,697 an audience of 10,000... many of them African American... 847 00:53:37,766 --> 00:53:42,840 gathered on the Capitol Mall in a state of high anticipation. 848 00:53:50,261 --> 00:53:52,608 Harry Truman was about to do 849 00:53:52,677 --> 00:53:56,819 what no United States president had ever done. 850 00:53:56,888 --> 00:54:00,720 He had accepted an invitation from Walter White 851 00:54:00,789 --> 00:54:03,861 to address the annual convention of the N.A.A.C.P. 852 00:54:03,930 --> 00:54:06,829 at the base of the Lincoln Memorial. 853 00:54:06,898 --> 00:54:13,974 The N.A.A.C.P. was considered a radical organization. 854 00:54:14,043 --> 00:54:16,183 Some Southern politicians considered it 855 00:54:16,253 --> 00:54:19,532 a Communist front organization. 856 00:54:19,601 --> 00:54:21,258 I mean, if you were a member 857 00:54:21,327 --> 00:54:24,778 of the N.A.A.C.P. in the South and you were a school teacher, 858 00:54:24,847 --> 00:54:26,711 you were probably going to get fired. 859 00:54:26,780 --> 00:54:31,129 And to have Harry Truman go in front and speak 860 00:54:31,198 --> 00:54:35,341 to the N.A.A.C.P. was a remarkable moment. 861 00:54:35,410 --> 00:54:41,450 He had multiple drafts of the speech done. 862 00:54:41,519 --> 00:54:43,280 He was editing it himself, 863 00:54:43,349 --> 00:54:46,731 and he wrote a letter to his sister, and he says, 864 00:54:46,800 --> 00:54:48,319 "I'm getting ready to give a speech 865 00:54:48,388 --> 00:54:50,252 that Mama isn't going to like." 866 00:54:50,321 --> 00:54:53,428 Mrs. Roosevelt, 867 00:54:53,497 --> 00:54:55,602 Senator Morris, 868 00:54:55,671 --> 00:54:58,743 distinguished guests, ladies and gentlemen, 869 00:54:58,812 --> 00:55:01,884 I should like to talk to you briefly 870 00:55:01,953 --> 00:55:06,233 about civil rights and human freedom. 871 00:55:06,303 --> 00:55:09,202 It is more important today 872 00:55:09,271 --> 00:55:13,137 than ever before to ensure 873 00:55:13,206 --> 00:55:17,935 that all Americans enjoy these rights. 874 00:55:20,627 --> 00:55:25,598 When I say all Americans, I mean all Americans. 875 00:55:33,813 --> 00:55:36,263 The theme can be summed up in two words 876 00:55:36,333 --> 00:55:38,714 that Truman used several times in the speech, 877 00:55:38,783 --> 00:55:40,440 which was only 12 minutes long. 878 00:55:40,509 --> 00:55:42,753 And those two words are "all Americans." 879 00:55:42,822 --> 00:55:45,272 He kept repeating the phrase "all Americans." 880 00:55:45,342 --> 00:55:51,865 There is no justifiable reason for discrimination 881 00:55:51,934 --> 00:55:57,975 because of ancestry, or religion, or race, or color. 882 00:56:01,841 --> 00:56:06,155 We cannot any longer await the growth of a will to action 883 00:56:06,224 --> 00:56:10,194 in the slowest state or the most backward community. 884 00:56:13,473 --> 00:56:17,857 Our national government must show the way. 885 00:56:21,895 --> 00:56:24,864 It was a stunning speech. 886 00:56:24,933 --> 00:56:28,350 And when he sat down, Walter White, sitting next to him, 887 00:56:28,419 --> 00:56:31,353 is in disbelief. 888 00:56:31,422 --> 00:56:34,425 And he said, "Mr. President, I just... 889 00:56:34,494 --> 00:56:36,531 I can't believe what you just said." 890 00:56:36,600 --> 00:56:39,603 And he said, "Walter, I meant every word of it." 891 00:56:51,062 --> 00:56:55,342 Judge J. Waties Waring had become increasingly convinced 892 00:56:55,412 --> 00:56:59,554 that a bitter fight over racism was coming to South Carolina. 893 00:56:59,623 --> 00:57:04,351 He would later remember that he was faced with two choices: 894 00:57:04,421 --> 00:57:06,388 "Either you were going to be governed by 895 00:57:06,457 --> 00:57:09,115 "the white supremacy doctrine and just shut your eyes 896 00:57:09,184 --> 00:57:11,358 "and bowl this thing through, 897 00:57:11,428 --> 00:57:13,706 "or you were going to be a federal judge 898 00:57:13,775 --> 00:57:17,951 and decide the law... that was the issue." 899 00:57:19,953 --> 00:57:24,337 A judge doesn't normally go and pick his cases, 900 00:57:24,406 --> 00:57:26,270 but Judge Waring tells his clerk, 901 00:57:26,339 --> 00:57:29,963 "Keep an eye open for new civil rights cases. 902 00:57:30,032 --> 00:57:31,482 Let me know when they have occurred." 903 00:57:34,623 --> 00:57:36,314 That evening, Waties told Elizabeth about 904 00:57:36,383 --> 00:57:38,420 an explosive new case he was considering 905 00:57:38,489 --> 00:57:39,801 for his trial docket. 906 00:57:42,666 --> 00:57:44,806 The case, Elmore v. Rice, 907 00:57:44,875 --> 00:57:47,084 had originated when George Elmore, 908 00:57:47,153 --> 00:57:49,017 a prosperous Black businessman, 909 00:57:49,086 --> 00:57:52,123 had been told by the South Carolina Democratic Party 910 00:57:52,192 --> 00:57:55,713 that he was ineligible to vote in the upcoming primary. 911 00:57:58,820 --> 00:58:01,547 Denying Elmore the right to vote was in direct violation 912 00:58:01,616 --> 00:58:04,204 of the Supreme Court's 1944 ruling 913 00:58:04,273 --> 00:58:08,830 in Smith v. Allwright, which banned the whites-only primary. 914 00:58:11,488 --> 00:58:14,007 When you win a Supreme Court case like that, 915 00:58:14,076 --> 00:58:16,769 what is supposed to happen is everyone is supposed 916 00:58:16,838 --> 00:58:19,392 to comply with the judgment of the court. 917 00:58:19,461 --> 00:58:20,945 South Carolina doesn't. 918 00:58:21,014 --> 00:58:23,361 The South Carolina Democratic Party says, "Well, 919 00:58:23,430 --> 00:58:25,294 "you know, that may be what the Supreme Court said 920 00:58:25,363 --> 00:58:27,296 "but they must've been talking to Texas. 921 00:58:27,365 --> 00:58:28,263 They couldn't have been talking to us." 922 00:58:32,439 --> 00:58:36,133 South Carolina's segregationist Democrats adopted the strategy 923 00:58:36,202 --> 00:58:39,446 of willful ignorance for a reason. 924 00:58:39,516 --> 00:58:43,209 The Black population in South Carolina stood 925 00:58:43,278 --> 00:58:47,316 at roughly 40 percent, second only to Mississippi's. 926 00:58:47,385 --> 00:58:50,630 And that was a lot of potential voters 927 00:58:50,699 --> 00:58:53,426 who might start demanding equal rights. 928 00:59:00,847 --> 00:59:03,747 So even though the Supreme Court had left no wiggle room 929 00:59:03,816 --> 00:59:06,819 in striking down the all-white primary, 930 00:59:06,888 --> 00:59:10,305 the white power structure in the state executed a spectacular 931 00:59:10,374 --> 00:59:14,171 end run around the ruling. 932 00:59:14,240 --> 00:59:19,452 It repealed every law on the books relating to the primary 933 00:59:19,521 --> 00:59:22,559 and then claimed the 14th Amendment 934 00:59:22,628 --> 00:59:24,940 did not apply to the Democratic Party of South Carolina, 935 00:59:25,009 --> 00:59:26,563 because there was no state action. 936 00:59:26,632 --> 00:59:29,186 This was a private club having an election. 937 00:59:31,015 --> 00:59:33,811 Voting is really the lynchpin of the rest of the system. 938 00:59:33,880 --> 00:59:36,918 Whites have to be in power 939 00:59:36,987 --> 00:59:39,817 to control the mechanisms of the state. 940 00:59:39,886 --> 00:59:42,302 To do that, they have to suppress Black voting. 941 00:59:44,822 --> 00:59:47,825 So, Elmore, for Judge Waring, 942 00:59:47,894 --> 00:59:52,071 is going to involve a direct challenge to the system 943 00:59:52,140 --> 00:59:57,421 of Southern repression, domination, and segregation, 944 00:59:57,490 --> 01:00:01,494 unlike almost all of the cases that came before it. 945 01:00:05,532 --> 01:00:07,949 So Judge Waring said to Elizabeth, 946 01:00:08,018 --> 01:00:11,159 "I need to tell you I've taken this case. 947 01:00:11,228 --> 01:00:12,609 "And we, up to this point, 948 01:00:12,678 --> 01:00:14,611 "we've been doing this kind of privately, we haven't 949 01:00:14,680 --> 01:00:17,096 "really been discussing our views with others. 950 01:00:17,165 --> 01:00:20,030 "But if I rule for Mr. Elmore, 951 01:00:20,099 --> 01:00:22,619 our lives will never be the same." 952 01:00:22,688 --> 01:00:26,830 Elizabeth looked at him and said, "You go for it. 953 01:00:26,899 --> 01:00:29,073 "It's the right thing to do. 954 01:00:29,142 --> 01:00:33,215 I will be with you every step of the way." 955 01:00:37,875 --> 01:00:41,914 In June of 1947, J. Waties Waring headed back 956 01:00:41,983 --> 01:00:44,813 to the same courtroom where Isaac Woodard's testimony 957 01:00:44,882 --> 01:00:48,575 had so shaken him just eight months earlier, 958 01:00:48,645 --> 01:00:51,440 this time to hear Elmore v. Rice. 959 01:00:51,509 --> 01:00:56,687 Representing George Elmore were the N.A.A.C.P.'s top attorneys, 960 01:00:56,756 --> 01:01:01,312 Thurgood Marshall and Robert Carter. 961 01:01:01,381 --> 01:01:05,592 In court, attorneys for the South Carolina Democrats 962 01:01:05,662 --> 01:01:07,664 expounded their novel argument: 963 01:01:07,733 --> 01:01:11,357 the Democratic Party was a private club, 964 01:01:11,426 --> 01:01:13,566 and enjoyed the right to restrict its membership 965 01:01:13,635 --> 01:01:15,154 as it saw fit. 966 01:01:15,223 --> 01:01:17,397 The federal court had no more business 967 01:01:17,466 --> 01:01:19,848 directing their elections than it did directing 968 01:01:19,917 --> 01:01:23,231 a ladies sewing circle. 969 01:01:23,300 --> 01:01:25,026 Judge Waring was not impressed. 970 01:01:27,166 --> 01:01:30,928 If you are a judge, and a judge who's now awakening 971 01:01:30,997 --> 01:01:33,206 to the reality of white supremacy 972 01:01:33,275 --> 01:01:35,864 and racial discrimination, as Waties Waring is, 973 01:01:35,933 --> 01:01:38,902 you understand that this case actually constitutes 974 01:01:38,971 --> 01:01:41,801 an opportunity to talk about the role of the Supreme Court 975 01:01:41,870 --> 01:01:44,631 in relationship to Southern states, 976 01:01:44,701 --> 01:01:48,118 the way in which political power is harnessed and controlled 977 01:01:48,187 --> 01:01:51,915 as part of white supremacy, and as a way to talk about 978 01:01:51,984 --> 01:01:54,503 what the power of local judges are 979 01:01:54,572 --> 01:01:58,162 to stop white supremacists in the South 980 01:01:58,231 --> 01:02:00,578 from carrying out their plans. 981 01:02:03,202 --> 01:02:06,584 Waring issued his ruling on July 12, 1947, 982 01:02:06,653 --> 01:02:09,139 just two weeks after Truman's appearance 983 01:02:09,208 --> 01:02:12,970 at the national convention of the N.A.A.C.P. 984 01:02:13,039 --> 01:02:17,734 He found for Elmore, quoting directly from Truman's speech: 985 01:02:17,803 --> 01:02:21,082 "We can no longer afford the luxury of a leisurely attack 986 01:02:21,151 --> 01:02:23,636 "upon prejudice and discrimination. 987 01:02:23,705 --> 01:02:27,467 "We cannot, any longer, await the growth of a will to action 988 01:02:27,536 --> 01:02:31,955 in the slowest state or the most backward community." 989 01:02:32,024 --> 01:02:34,060 He says it's a joke. 990 01:02:34,129 --> 01:02:36,131 It's a ridiculous argument. 991 01:02:36,200 --> 01:02:39,341 Private clubs do not elect the president of the United States. 992 01:02:39,410 --> 01:02:44,864 And he finished the order with a resounding call 993 01:02:44,933 --> 01:02:46,003 for his South Carolinians. 994 01:02:46,072 --> 01:02:48,143 He said, "It is time 995 01:02:48,212 --> 01:02:51,181 "for South Carolina to rejoin the union 996 01:02:51,250 --> 01:02:55,530 and to adopt the American way of conducting elections." 997 01:02:55,599 --> 01:02:58,188 There was no effort to uphold 998 01:02:58,257 --> 01:03:02,226 the nobility of Southern white supremacy, right? 999 01:03:02,295 --> 01:03:04,470 He's calling it out for what it is. 1000 01:03:18,967 --> 01:03:23,006 For Judge Waring, standing as a figure alone 1001 01:03:23,075 --> 01:03:28,459 in a deeply entrenched Southern community, 1002 01:03:28,528 --> 01:03:31,428 it is his farewell. 1003 01:03:31,497 --> 01:03:34,396 It's his farewell to the society in which he grew up 1004 01:03:34,465 --> 01:03:39,677 and it marks an articulation of his decision to go it alone 1005 01:03:39,746 --> 01:03:42,059 with his wife in that community. 1006 01:03:49,756 --> 01:03:51,137 The Southern revolt against President Truman 1007 01:03:51,206 --> 01:03:52,138 reaches its climax at Birmingham, 1008 01:03:52,207 --> 01:03:53,899 under the States' Rights banner. 1009 01:03:53,968 --> 01:03:56,487 More than 6,000 flock to the rump convention 1010 01:03:56,556 --> 01:03:58,696 to select the presidential ticket. 1011 01:03:58,765 --> 01:04:00,906 Thirteen Southern states are represented 1012 01:04:00,975 --> 01:04:03,253 in the uproarious session, which precedes the nomination 1013 01:04:03,322 --> 01:04:04,910 of Governors Thurmond of South Carolina, 1014 01:04:04,979 --> 01:04:07,015 and Fielding Wright of Mississippi 1015 01:04:07,084 --> 01:04:08,534 as party standard bearers. 1016 01:04:12,745 --> 01:04:15,092 By the time the next election season arrived, 1017 01:04:15,161 --> 01:04:18,199 a huge swath of Southern Democrats had had enough 1018 01:04:18,268 --> 01:04:21,340 of what they called "federal intrusion." 1019 01:04:21,409 --> 01:04:26,483 Segregationists had held sway in local politics for decades, 1020 01:04:26,552 --> 01:04:28,588 and they didn't intend to be pushed around 1021 01:04:28,657 --> 01:04:30,452 by the United States Supreme Court, 1022 01:04:30,521 --> 01:04:34,111 or federal judges like J. Waties Waring, 1023 01:04:34,180 --> 01:04:38,564 or even the president. 1024 01:04:40,566 --> 01:04:43,362 Good-bye Harry, good-bye Harry! 1025 01:04:45,226 --> 01:04:48,885 At the 1948 Democratic National Convention, 1026 01:04:48,954 --> 01:04:51,784 Dixiecrats walk out over the civil rights plank 1027 01:04:51,853 --> 01:04:55,339 prompted by President Truman's actions, originally, 1028 01:04:55,408 --> 01:04:58,377 and Strom Thurmond runs as a presidential candidate 1029 01:04:58,446 --> 01:04:59,826 on behalf of the Dixiecrats. 1030 01:05:02,760 --> 01:05:07,593 In the words of John Paul Jones, "We have just begun to fight!" 1031 01:05:10,976 --> 01:05:13,633 There are thousands of white people in attendance. 1032 01:05:13,702 --> 01:05:19,225 The hall is decorated in red, white, and blue bunting. 1033 01:05:19,294 --> 01:05:22,401 It is festooned with Confederate flags. 1034 01:05:22,470 --> 01:05:27,233 People are holding aloft pictures of Robert E. Lee. 1035 01:05:27,302 --> 01:05:30,340 There's no question as to sort of 1036 01:05:30,409 --> 01:05:33,412 the animating spirit of this group, 1037 01:05:33,481 --> 01:05:37,002 which is to return the South to the past, 1038 01:05:37,071 --> 01:05:39,521 to maintain the racial status quo, 1039 01:05:39,590 --> 01:05:42,352 to maintain white supremacy. 1040 01:05:42,421 --> 01:05:45,734 It's another effort on the part of this president 1041 01:05:45,803 --> 01:05:51,948 to dominate the country by force and to put into effect 1042 01:05:52,017 --> 01:05:56,642 these uncalled for and these damnable proposals 1043 01:05:56,711 --> 01:06:00,542 he has recommended under the guise of so-called civil rights. 1044 01:06:00,611 --> 01:06:03,511 And I tell you the American people, from one side 1045 01:06:03,580 --> 01:06:08,136 or the other, had better wake up and oppose such a program. 1046 01:06:08,205 --> 01:06:10,311 And if they don't, the next thing will be 1047 01:06:10,380 --> 01:06:13,176 a totalitarian state in these United States. 1048 01:06:15,833 --> 01:06:17,421 The Dixiecrats, 1049 01:06:17,490 --> 01:06:19,872 their goal is to be a spoiler, 1050 01:06:19,941 --> 01:06:23,876 to deny either major party a majority 1051 01:06:23,945 --> 01:06:25,602 of electoral college votes, 1052 01:06:25,671 --> 01:06:27,880 thereby throwing the election 1053 01:06:27,949 --> 01:06:31,366 into the House of Representatives, where they can 1054 01:06:31,435 --> 01:06:35,267 use their power to win concessions on civil rights. 1055 01:06:39,581 --> 01:06:42,964 Truman didn't blink, and he didn't retreat. 1056 01:06:43,033 --> 01:06:46,795 Nine days after the Dixiecrat revolt, 1057 01:06:46,864 --> 01:06:49,212 he gave the States Righters a little primer 1058 01:06:49,281 --> 01:06:50,592 in presidential power. 1059 01:06:52,042 --> 01:06:53,802 Truman signed an executive order 1060 01:06:53,871 --> 01:06:56,219 desegregating the federal workforce 1061 01:06:56,288 --> 01:06:58,773 and, more shockingly, 1062 01:06:58,842 --> 01:07:01,776 the entirety of the United States Armed Forces. 1063 01:07:04,296 --> 01:07:06,608 Desegregating the military is something 1064 01:07:06,677 --> 01:07:08,886 that Truman could do with a stroke of a pen. 1065 01:07:08,955 --> 01:07:11,820 He does it because he's already seen 1066 01:07:11,889 --> 01:07:14,858 the worst that Southerners are going to do, right? 1067 01:07:14,927 --> 01:07:18,482 They've already staged a revolt, so why not go all in? 1068 01:07:18,551 --> 01:07:24,695 A lifelong friend writes him a letter and says, "Harry, 1069 01:07:24,764 --> 01:07:27,560 "get off this civil rights thing. 1070 01:07:27,629 --> 01:07:30,598 If you don't do it, you're going to lose the election." 1071 01:07:30,667 --> 01:07:33,325 Truman writes him a letter back 1072 01:07:33,394 --> 01:07:35,361 and says, "You don't know what I know." 1073 01:07:37,329 --> 01:07:41,574 He then tells him the story of the blinding of Isaac Woodard. 1074 01:07:41,643 --> 01:07:44,612 He mentions these other atrocities as well, 1075 01:07:44,681 --> 01:07:50,031 and he says, "If I lose the election over this issue, 1076 01:07:50,100 --> 01:07:51,653 it will have been for a good cause." 1077 01:07:54,311 --> 01:07:59,247 In that way, President Truman and Judge Waring are the same. 1078 01:07:59,316 --> 01:08:02,837 Every instinct of political survival should have told 1079 01:08:02,906 --> 01:08:06,461 both of them to keep their hand off the hotspot of the oven. 1080 01:08:06,530 --> 01:08:10,224 Both of them went to the hotspot. 1081 01:08:19,612 --> 01:08:23,133 As the 1948 primary approached, 1082 01:08:23,202 --> 01:08:26,378 South Carolina Democrats were brazenly evading 1083 01:08:26,447 --> 01:08:28,138 Waring's decision in Elmore... 1084 01:08:30,451 --> 01:08:34,179 allowing Black South Carolinians to register to vote 1085 01:08:34,248 --> 01:08:36,353 only after they signed an oath 1086 01:08:36,422 --> 01:08:40,702 declaring their opposition to racial integration. 1087 01:08:49,884 --> 01:08:52,058 Waring summoned nearly a hundred officials 1088 01:08:52,128 --> 01:08:54,992 of the South Carolina Democratic Party 1089 01:08:55,061 --> 01:08:56,925 and ordered them to register Black citizens 1090 01:08:56,994 --> 01:09:00,446 without swearing any oath. 1091 01:09:00,515 --> 01:09:04,070 He tells them that a federal judge 1092 01:09:04,140 --> 01:09:07,384 faced with contempt has two choices. 1093 01:09:07,453 --> 01:09:13,252 He can impose a fine or a prison sentence. 1094 01:09:13,321 --> 01:09:16,152 He says, "If you violate my order again, 1095 01:09:16,221 --> 01:09:18,223 there will be no fines." 1096 01:09:20,156 --> 01:09:24,781 The message that he was prepared to jail white men 1097 01:09:24,850 --> 01:09:28,060 for depriving African Americans the right to vote 1098 01:09:28,129 --> 01:09:33,272 hit the white establishment like a thunderbolt. 1099 01:09:41,867 --> 01:09:43,869 Threatening letters began arriving at the courthouse 1100 01:09:43,938 --> 01:09:47,044 and at Judge Waring's home soon after. 1101 01:09:48,529 --> 01:09:51,463 Obscene calls came into his phone line so frequently 1102 01:09:51,532 --> 01:09:54,259 that he was forced to disconnect his service. 1103 01:09:56,675 --> 01:09:59,988 White Southerners, as much as they despise 1104 01:10:00,057 --> 01:10:02,784 African Americans and despise civil rights, 1105 01:10:02,853 --> 01:10:07,133 they often level the most venom against people 1106 01:10:07,203 --> 01:10:09,757 they think are traitors, and that would be Waring. 1107 01:10:13,795 --> 01:10:15,901 The Warings lived their lives more and more 1108 01:10:15,970 --> 01:10:18,524 on their own terms. 1109 01:10:18,593 --> 01:10:20,733 Neighbors were particularly scandalized 1110 01:10:20,802 --> 01:10:23,633 by the unlikely visitors that were seen calling 1111 01:10:23,702 --> 01:10:26,291 at 61 Meeting Street. 1112 01:10:26,360 --> 01:10:28,569 They became friendly with a number 1113 01:10:28,638 --> 01:10:31,468 of African-American activists. 1114 01:10:31,537 --> 01:10:36,335 Septima Clark, who was a fiery advocate for civil rights, 1115 01:10:36,404 --> 01:10:37,957 was very close with the Warings, 1116 01:10:38,026 --> 01:10:40,477 was a frequent visitor in the house at a time 1117 01:10:40,546 --> 01:10:42,583 that Black people only entered 1118 01:10:42,652 --> 01:10:45,448 the homes of white people through the back door as maids. 1119 01:10:45,517 --> 01:10:49,210 Ruby Cornwell was the matriarch of the civil rights community 1120 01:10:49,279 --> 01:10:50,901 in Charleston. 1121 01:10:50,970 --> 01:10:54,250 She was a frequent visitor and a close friend. 1122 01:10:54,319 --> 01:10:57,045 But perhaps the most interesting relationship 1123 01:10:57,114 --> 01:10:58,909 that Judge Waring develops 1124 01:10:58,978 --> 01:11:02,810 is a close, personal relationship with Walter White... 1125 01:11:02,879 --> 01:11:06,331 then the most important civil rights leader in America. 1126 01:11:06,400 --> 01:11:09,575 The Warings just got to the point, 1127 01:11:09,644 --> 01:11:12,302 they didn't care what other people thought. 1128 01:11:12,371 --> 01:11:15,857 There's a very famous photograph of the Warings, 1129 01:11:15,926 --> 01:11:18,170 featured in "Collier's" magazine, 1130 01:11:18,239 --> 01:11:21,311 that showed a dinner party at the Warings' house. 1131 01:11:21,380 --> 01:11:24,280 The article was titled, "The Lonesomest Man in Town," 1132 01:11:24,349 --> 01:11:26,212 but he didn't look that lonesome. 1133 01:11:26,282 --> 01:11:30,803 He had lots of friends at his dinner table. 1134 01:11:30,872 --> 01:11:34,186 The only notable part was they were all African American. 1135 01:11:34,255 --> 01:11:38,673 They're socializing, they're laughing, 1136 01:11:38,742 --> 01:11:44,196 they're enjoying each other's friendship as equals, 1137 01:11:44,265 --> 01:11:48,614 and that was terrifying to white Charlestonians. 1138 01:11:48,683 --> 01:11:52,515 Elizabeth's willingness to flout the social conventions 1139 01:11:52,584 --> 01:11:57,174 of Charleston society and her candor about Southern racism 1140 01:11:57,243 --> 01:11:59,625 brought unprecedented national attention 1141 01:11:59,694 --> 01:12:02,248 to the wife of a sitting federal judge. 1142 01:12:06,252 --> 01:12:10,360 She found her voice. 1143 01:12:10,429 --> 01:12:14,399 And she put white Charlestonians 1144 01:12:14,468 --> 01:12:18,161 on notice that that was going to be a voice that 1145 01:12:18,230 --> 01:12:20,474 she would not hesitate to use. 1146 01:12:22,959 --> 01:12:24,926 She was invited, 1147 01:12:24,995 --> 01:12:28,102 one of the first women, to come on "Meet the Press." 1148 01:12:28,171 --> 01:12:31,001 Tonight from Washington, D.C., this is J. Waties Waring 1149 01:12:31,070 --> 01:12:32,796 of Charleston, South Carolina, 1150 01:12:32,865 --> 01:12:35,281 wife of federal Judge Waring who stirred up a hornet's nest 1151 01:12:35,351 --> 01:12:38,733 in the South by her vigorous attack on white supremacy. 1152 01:12:38,802 --> 01:12:40,977 Mrs. Waring, you charged in your speech 1153 01:12:41,046 --> 01:12:43,359 before the YWCA group in Charleston 1154 01:12:43,428 --> 01:12:45,947 that the whites down here are a sick, 1155 01:12:46,016 --> 01:12:48,398 confused, and decadent people, 1156 01:12:48,467 --> 01:12:51,436 and that like all decadent people, they are full of pride 1157 01:12:51,505 --> 01:12:55,681 and complacency, introverted, morally weak, and low. 1158 01:12:55,750 --> 01:12:58,788 What brought you to this drastic conclusion? 1159 01:12:58,857 --> 01:13:01,618 Living there and observing them, 1160 01:13:01,687 --> 01:13:04,345 a very deep study of the subject. 1161 01:13:04,414 --> 01:13:10,524 Any people who enslave the minds and bodies of another people 1162 01:13:10,593 --> 01:13:14,873 are bound to destroy their own souls. 1163 01:13:14,942 --> 01:13:17,151 In ordinary circumstances, 1164 01:13:17,220 --> 01:13:21,120 the spouse of a judge would not do what she did. 1165 01:13:21,189 --> 01:13:24,400 But given the depth of the problem, 1166 01:13:24,469 --> 01:13:26,988 the importance that somebody speak out, 1167 01:13:27,057 --> 01:13:29,266 she felt as though she should. 1168 01:13:29,335 --> 01:13:33,270 Are you crusading only for the Negro's civil rights, 1169 01:13:33,339 --> 01:13:36,929 such as the freedom to vote, freedom of safety of his person, 1170 01:13:36,998 --> 01:13:39,587 and freedom from lynching, and so forth, or are you 1171 01:13:39,656 --> 01:13:42,003 for social integration, is that what you want, too? 1172 01:13:42,072 --> 01:13:45,282 I want the whole thing... I want him to go through the same door, 1173 01:13:45,351 --> 01:13:48,009 and so does the judge... I want him to be an equal citizen. 1174 01:13:52,773 --> 01:13:56,639 Reaction in South Carolina was swift and predictable. 1175 01:13:56,708 --> 01:13:59,400 State legislators appropriated $10,000 1176 01:13:59,469 --> 01:14:02,541 to fund impeachment of the judge, 1177 01:14:02,610 --> 01:14:04,440 then resolved to purchase railroad tickets 1178 01:14:04,509 --> 01:14:06,752 for the Warings, anywhere they desired, 1179 01:14:06,821 --> 01:14:11,688 as long as it was out of the state with no return. 1180 01:14:11,757 --> 01:14:14,242 Two men were seen burning a Ku Klux Klan cross 1181 01:14:14,311 --> 01:14:16,210 in the Warings' back garden. 1182 01:14:16,279 --> 01:14:19,006 And on a quiet evening, 1183 01:14:19,075 --> 01:14:21,146 while the Warings were home playing canasta 1184 01:14:21,215 --> 01:14:24,287 in their drawing room, three shots rang out 1185 01:14:24,356 --> 01:14:25,737 in front of their home. 1186 01:14:28,878 --> 01:14:32,916 Their home is right on the street 1187 01:14:32,985 --> 01:14:34,677 and they're inside 1188 01:14:34,746 --> 01:14:39,716 and suddenly two big bricks come through the window. 1189 01:14:42,581 --> 01:14:45,101 They don't know if people are coming through the window 1190 01:14:45,170 --> 01:14:47,690 and through the doors next. 1191 01:14:47,759 --> 01:14:50,037 But they're petrified. 1192 01:14:50,106 --> 01:14:52,039 They retreat to their dining room 1193 01:14:52,108 --> 01:14:53,972 where they're hiding behind a wall, 1194 01:14:54,041 --> 01:14:57,354 believing that they are under fire. 1195 01:14:57,423 --> 01:15:01,151 And within days, the United States Attorney General 1196 01:15:01,220 --> 01:15:04,327 provided 24-hour U.S. Marshal protection... 1197 01:15:04,396 --> 01:15:07,744 literally, marshals sleeping out in front of his house... 1198 01:15:07,813 --> 01:15:09,401 throughout the rest of his service 1199 01:15:09,470 --> 01:15:11,265 as a United States district judge. 1200 01:15:11,334 --> 01:15:15,925 No federal judge had ever faced such an attack. 1201 01:15:18,272 --> 01:15:22,379 The judge, 70 years old and under constant siege, 1202 01:15:22,448 --> 01:15:26,004 understood his days on the bench were numbered. 1203 01:15:26,073 --> 01:15:27,419 He confided in Elizabeth 1204 01:15:27,488 --> 01:15:32,666 that he meant to do one big thing before he retired. 1205 01:15:32,735 --> 01:15:35,358 With her support, he fixed his sights 1206 01:15:35,427 --> 01:15:38,844 on destroying the precedent that had underpinned legalized racism 1207 01:15:38,913 --> 01:15:42,089 in the South for more than 50 years: 1208 01:15:42,158 --> 01:15:46,300 the strange doctrine of "separate but equal." 1209 01:15:48,060 --> 01:15:53,445 They are disgusted by the people 1210 01:15:53,514 --> 01:15:57,380 who have been their friends and who have sat idly by 1211 01:15:57,449 --> 01:16:00,314 and benefited from this oppressive system. 1212 01:16:00,383 --> 01:16:04,007 And they simply can't take it anymore. 1213 01:16:04,076 --> 01:16:05,664 And he is now in this position 1214 01:16:05,733 --> 01:16:07,873 where he can do something about it. 1215 01:16:07,942 --> 01:16:09,495 What the record now shows us, 1216 01:16:09,565 --> 01:16:11,567 at the time in which the most intense pressure 1217 01:16:11,636 --> 01:16:13,327 was being put on Judge Waring, 1218 01:16:13,396 --> 01:16:17,573 he was making the plans of what would become 1219 01:16:17,642 --> 01:16:22,854 the Briggs v. Elliott dissent... the case that changes America. 1220 01:16:25,995 --> 01:16:27,997 This is South Carolina... 1221 01:16:28,066 --> 01:16:29,515 Summerton, South Carolina... 1222 01:16:29,585 --> 01:16:32,449 a country crossroads in the rich soil, 1223 01:16:32,518 --> 01:16:34,555 isolated in time and space, 1224 01:16:34,624 --> 01:16:37,938 and given to old ways... but not always uncritically. 1225 01:16:38,007 --> 01:16:41,148 Here, perhaps more than elsewhere in the United States, 1226 01:16:41,217 --> 01:16:43,875 the racial patterns, the social patterns, 1227 01:16:43,944 --> 01:16:47,913 the economic patterns are all the same pattern. 1228 01:16:51,641 --> 01:16:52,849 Briggs v. Elliott... 1229 01:16:52,918 --> 01:16:55,093 the case that would set in motion 1230 01:16:55,162 --> 01:16:57,405 the demise of legalized segregation... 1231 01:16:57,474 --> 01:17:01,237 grew from the unlikeliest soil in the nation. 1232 01:17:03,998 --> 01:17:06,863 Clarendon County, just 90-odd miles 1233 01:17:06,932 --> 01:17:09,176 from where Isaac Woodard had been beaten, 1234 01:17:09,245 --> 01:17:12,144 was a place well known to Judge Waring. 1235 01:17:12,213 --> 01:17:15,458 "It's in what we call the Low Country," 1236 01:17:15,527 --> 01:17:17,425 he said of Clarendon. 1237 01:17:17,494 --> 01:17:20,118 "Swamp lands and rivers. 1238 01:17:20,187 --> 01:17:24,674 "One of the most backward counties of the state. 1239 01:17:24,743 --> 01:17:29,645 "The Negro schools were just tumbledown, dirty shacks 1240 01:17:29,714 --> 01:17:34,063 with horrible outdoor toilet facilities." 1241 01:17:34,132 --> 01:17:36,824 I lived in Summerton and I cursed the day I was born 1242 01:17:36,893 --> 01:17:38,550 and had to live there. 1243 01:17:38,619 --> 01:17:41,864 And I vowed that when I got grown, 1244 01:17:41,933 --> 01:17:44,936 I'd never see that damn place again. 1245 01:17:46,731 --> 01:17:50,631 They have talked about us as being subhuman. 1246 01:17:50,700 --> 01:17:52,875 I guess from generation to generation, 1247 01:17:52,944 --> 01:17:56,395 they couldn't accept the fact that I'm human just like them, 1248 01:17:56,464 --> 01:17:57,500 just like them. 1249 01:18:01,849 --> 01:18:03,023 Most of the schools 1250 01:18:03,092 --> 01:18:06,129 operated for three to four months out of the year. 1251 01:18:06,198 --> 01:18:09,167 And the reason for that was 1252 01:18:09,236 --> 01:18:11,583 these kids need to be in, in the fields 1253 01:18:11,652 --> 01:18:15,207 plowing cotton, or whatever. 1254 01:18:15,276 --> 01:18:18,486 So we can't have school when they need to work 1255 01:18:18,555 --> 01:18:20,523 to get our cotton out of the fields. 1256 01:18:22,145 --> 01:18:23,768 Some of the kids in my class didn't show up 1257 01:18:23,837 --> 01:18:25,701 till around Thanksgiving. 1258 01:18:25,770 --> 01:18:27,530 Instead of being in school, 1259 01:18:27,599 --> 01:18:31,258 they was out working the farm. 1260 01:18:31,327 --> 01:18:34,502 Come early April, these kids are out of the school, 1261 01:18:34,571 --> 01:18:37,540 going back to the farm to work. 1262 01:18:37,609 --> 01:18:39,369 And the system really didn't care. 1263 01:18:41,061 --> 01:18:44,685 It was not meant for us as Black folks, but two things: 1264 01:18:44,754 --> 01:18:49,000 go in somebody's kitchen, or go in somebody's fields. 1265 01:18:49,069 --> 01:18:52,313 That happened to us a hundred years or more. 1266 01:18:52,382 --> 01:18:54,005 That's what was geared for us to do. 1267 01:18:54,074 --> 01:18:55,558 They didn't expect no more from you. 1268 01:19:00,183 --> 01:19:03,739 In 1947, local parents in Clarendon County 1269 01:19:03,808 --> 01:19:05,879 decided to do something about the problem 1270 01:19:05,948 --> 01:19:09,020 of simply getting their children to school. 1271 01:19:10,504 --> 01:19:11,712 There was a fleet of buses 1272 01:19:11,781 --> 01:19:15,026 for the white children in the county... 1273 01:19:15,095 --> 01:19:17,407 None for the Black children. 1274 01:19:20,790 --> 01:19:22,481 Some of the Black children in their community 1275 01:19:22,550 --> 01:19:24,967 have to walk nine miles to school. 1276 01:19:28,487 --> 01:19:31,559 They have to ford a river. 1277 01:19:35,563 --> 01:19:38,049 A group of Summerton parents were able to raise 1278 01:19:38,118 --> 01:19:41,984 several hundred dollars to buy a used school bus, 1279 01:19:42,053 --> 01:19:44,918 but the bus broke down constantly. 1280 01:19:44,987 --> 01:19:49,888 So the parents turned to the Reverend J.A. DeLaine, 1281 01:19:49,957 --> 01:19:54,410 a principal and minister with ties to the N.A.A.C.P. 1282 01:19:54,479 --> 01:20:00,830 He suggested, "We'll go in and we'll talk to the superintendent 1283 01:20:00,899 --> 01:20:07,043 "of schools about getting funds for gas money, repair the bus, 1284 01:20:07,112 --> 01:20:10,564 and pay a salary to who drives the bus." 1285 01:20:10,633 --> 01:20:12,083 It was turned down. 1286 01:20:12,152 --> 01:20:14,464 "Ain't got no money for you niggers." 1287 01:20:17,122 --> 01:20:20,436 Literally, is what they... what he was told. 1288 01:20:23,059 --> 01:20:28,271 It was told that Black folks didn't pay enough taxes. 1289 01:20:28,340 --> 01:20:30,791 You couldn't even vote. 1290 01:20:30,860 --> 01:20:34,208 So there was no Black folks on the school board to direct 1291 01:20:34,277 --> 01:20:38,903 and to address the issues that was at hand. 1292 01:20:38,972 --> 01:20:40,180 So what power do you have? 1293 01:20:42,147 --> 01:20:45,875 My father then said, "Well, you know, let's file a suit." 1294 01:20:47,808 --> 01:20:51,570 I want to talk with Thurgood Marshall. 1295 01:20:53,676 --> 01:20:56,403 Thurgood Marshall, the 40-year-old chief 1296 01:20:56,472 --> 01:20:59,199 of the N.A.A.C.P. Legal Defense Fund, 1297 01:20:59,268 --> 01:21:03,306 reluctantly answered the summons from Clarendon County. 1298 01:21:09,002 --> 01:21:13,454 All through the 1940s, Marshall had been making these trips 1299 01:21:13,523 --> 01:21:16,699 from New York into the heart of the Jim Crow South. 1300 01:21:16,768 --> 01:21:20,185 He had been belittled by judges and opposing counsel 1301 01:21:20,254 --> 01:21:22,878 who didn't think he could be an attorney, 1302 01:21:22,947 --> 01:21:26,985 threatened with violence, and nearly lynched. 1303 01:21:29,815 --> 01:21:33,371 White Americans who want to maintain segregation 1304 01:21:33,440 --> 01:21:36,892 recognize that Thurgood Marshall and his legal team are becoming 1305 01:21:36,961 --> 01:21:41,034 very effective at chipping away at that status quo. 1306 01:21:41,103 --> 01:21:43,933 And that is why his life is in danger whenever he travels, 1307 01:21:44,002 --> 01:21:46,039 particularly when he travels in the South. 1308 01:21:49,628 --> 01:21:51,251 They would have to move him 1309 01:21:51,320 --> 01:21:52,908 around from house to house at night 1310 01:21:52,977 --> 01:21:55,462 during a trial because the Klan was after him, 1311 01:21:55,531 --> 01:21:57,119 and they didn't want these Night Riders 1312 01:21:57,188 --> 01:21:58,396 to find out where Marshall was. 1313 01:22:00,777 --> 01:22:03,780 He was threatened constantly, his life was always in danger... 1314 01:22:05,472 --> 01:22:07,784 and he was terrified, too. 1315 01:22:07,853 --> 01:22:09,683 But he also knew that it was important 1316 01:22:09,752 --> 01:22:11,374 for the African American communities 1317 01:22:11,443 --> 01:22:12,755 in those Jim Crow balconies 1318 01:22:12,824 --> 01:22:15,931 to look down and see an African American 1319 01:22:16,000 --> 01:22:18,692 who was not a defendant, who was in a suit, 1320 01:22:18,761 --> 01:22:21,591 who was arguing the law with white men. 1321 01:22:25,871 --> 01:22:27,597 It was often an electric experience 1322 01:22:27,666 --> 01:22:30,152 for local African American communities to see 1323 01:22:30,221 --> 01:22:33,569 Thurgood Marshall come to town because he would do something 1324 01:22:33,638 --> 01:22:37,055 that nobody had ever seen before, 1325 01:22:37,124 --> 01:22:40,679 which was to address white people and to make them answer 1326 01:22:40,748 --> 01:22:43,441 and state reasons for what they were doing, 1327 01:22:43,510 --> 01:22:46,064 and to sometimes call them liars. 1328 01:22:47,859 --> 01:22:50,068 Marshall leveled with the Reverend DeLaine 1329 01:22:50,137 --> 01:22:53,244 and the parents of Clarendon County. 1330 01:22:53,313 --> 01:22:56,488 If the N.A.A.C.P. was going to take on their case, 1331 01:22:56,557 --> 01:23:00,561 it was going to be about more than a school bus. 1332 01:23:00,630 --> 01:23:03,979 He wanted to sue for total equality with the white schools. 1333 01:23:04,048 --> 01:23:07,327 Facilities, teacher salaries, textbooks, buses... 1334 01:23:07,396 --> 01:23:09,501 every resource the white schools had, 1335 01:23:09,570 --> 01:23:14,058 they would demand in equal measure for the Black schools. 1336 01:23:14,127 --> 01:23:17,095 Marshall explained he wouldn't even consider taking the case 1337 01:23:17,164 --> 01:23:21,306 until he had 20 reliable, credible plaintiffs, 1338 01:23:21,375 --> 01:23:24,482 people who would not cower in the face of certain intimidation 1339 01:23:24,551 --> 01:23:29,176 from the white supremacists who ruled Clarendon County. 1340 01:23:29,245 --> 01:23:33,077 More than 20 Black citizens agreed to sign on. 1341 01:23:46,987 --> 01:23:49,610 On November 17, 1950, 1342 01:23:49,679 --> 01:23:52,165 Thurgood Marshall hurried along Charleston's 1343 01:23:52,234 --> 01:23:55,099 palmetto-lined streets for a pre-trial hearing 1344 01:23:55,168 --> 01:23:56,721 with Judge Waring, 1345 01:23:56,790 --> 01:23:59,793 unaware that the judge had been closely following 1346 01:23:59,862 --> 01:24:02,589 events in Summerton. 1347 01:24:02,658 --> 01:24:04,073 Neither man harbored any doubts 1348 01:24:04,142 --> 01:24:06,075 about the strength of Marshall's case: 1349 01:24:06,144 --> 01:24:10,562 The N.A.A.C.P. was clearly poised to win equal facilities 1350 01:24:10,631 --> 01:24:13,876 for the Black children of Clarendon County. 1351 01:24:16,154 --> 01:24:18,570 The schools for white children were generally the best schools 1352 01:24:18,639 --> 01:24:21,366 that the tax base could establish and support. 1353 01:24:23,472 --> 01:24:24,956 The schools for Black children, 1354 01:24:25,025 --> 01:24:27,786 even in some middle class school districts, 1355 01:24:27,855 --> 01:24:30,548 mocked the very notion of being schools. 1356 01:24:30,617 --> 01:24:32,860 They were visibly unequal to the naked eye. 1357 01:24:32,929 --> 01:24:34,483 One need not even step inside 1358 01:24:34,552 --> 01:24:36,105 to see how unequal they were. 1359 01:24:38,280 --> 01:24:40,420 When Marshall arrives at the courthouse, 1360 01:24:40,489 --> 01:24:42,146 he is told by court personnel, 1361 01:24:42,215 --> 01:24:46,426 Judge Waring wants to see you in his chambers. 1362 01:24:46,495 --> 01:24:50,361 Lawyers call this ex-parte communication... it happened. 1363 01:24:50,430 --> 01:24:53,881 Judge Waring says to Marshall, 1364 01:24:53,950 --> 01:24:57,782 "I don't want to try any more equalization cases. 1365 01:24:57,851 --> 01:25:00,371 Bring me a frontal challenge to segregation." 1366 01:25:05,100 --> 01:25:09,518 Thurgood Marshall is absolutely floored when Waring 1367 01:25:09,587 --> 01:25:13,487 essentially tells him, "Look, I need you to make this case, 1368 01:25:13,556 --> 01:25:16,559 get rid of segregation altogether." 1369 01:25:16,628 --> 01:25:18,768 He basically tells Marshall, 1370 01:25:18,837 --> 01:25:20,529 "Look, you need to go for broke here." 1371 01:25:23,152 --> 01:25:25,844 Thurgood Marshall had dedicated much of his life 1372 01:25:25,913 --> 01:25:29,227 to overturning legalized segregation. 1373 01:25:29,296 --> 01:25:31,885 But he was playing the long game, 1374 01:25:31,954 --> 01:25:35,440 executing a strategy he had helped to devise 1375 01:25:35,509 --> 01:25:38,133 15 years earlier. 1376 01:25:38,202 --> 01:25:40,652 Segregation had been sanctioned 1377 01:25:40,721 --> 01:25:43,655 by an 1896 Supreme Court decision 1378 01:25:43,724 --> 01:25:47,935 in a case called Plessy v. Ferguson. 1379 01:25:48,004 --> 01:25:51,215 Homer Plessy, a Black man from New Orleans, 1380 01:25:51,284 --> 01:25:53,631 had challenged the segregated accommodations 1381 01:25:53,700 --> 01:25:59,671 of Louisiana's railroads and lost 8-1. 1382 01:25:59,740 --> 01:26:01,259 Plessy v. Ferguson 1383 01:26:01,328 --> 01:26:05,608 came to be seen as symbolic of the idea of 1384 01:26:05,677 --> 01:26:06,747 separate but equal, 1385 01:26:06,816 --> 01:26:11,787 that segregation was not unconstitutional 1386 01:26:11,856 --> 01:26:16,516 as long as Blacks and whites were given equal facilities. 1387 01:26:16,585 --> 01:26:22,280 The N.A.A.C.P. had adopted this strategy, 1388 01:26:22,349 --> 01:26:27,043 which is basically turning Plessy v. Ferguson on its head. 1389 01:26:27,112 --> 01:26:31,151 It's a kind of sailing west to arrive east. 1390 01:26:31,220 --> 01:26:35,328 Rather than argue against the scourge of Plessy, 1391 01:26:35,397 --> 01:26:37,606 they argued for the fulfillment of Plessy... 1392 01:26:37,675 --> 01:26:39,918 that the constitution is not being satisfied, 1393 01:26:39,987 --> 01:26:41,886 not because the facilities are segregated, 1394 01:26:41,955 --> 01:26:43,301 but because they're unequal. 1395 01:26:43,370 --> 01:26:45,959 They were winning cases, 1396 01:26:46,028 --> 01:26:50,032 but the strategy had controversy because every time 1397 01:26:50,101 --> 01:26:54,105 you use Plessy to support your theory, 1398 01:26:54,174 --> 01:26:57,764 you were driving another nail 1399 01:26:57,833 --> 01:27:02,941 into the inferior legal status of African Americans. 1400 01:27:03,010 --> 01:27:05,979 The question that faced Marshall was, 1401 01:27:06,048 --> 01:27:09,638 when do we move away from the equalization strategy 1402 01:27:09,707 --> 01:27:12,399 and begin to argue that separate but equal 1403 01:27:12,468 --> 01:27:15,230 is unconstitutional? 1404 01:27:15,299 --> 01:27:20,890 And Marshall was rightly cautious about when and where 1405 01:27:20,959 --> 01:27:22,651 to make that claim, 1406 01:27:22,720 --> 01:27:26,482 because if he chose the wrong case 1407 01:27:26,551 --> 01:27:28,967 and it went to the Supreme Court, 1408 01:27:29,036 --> 01:27:31,176 the worst thing that could happen for Black Americans 1409 01:27:31,246 --> 01:27:33,040 across the country would be for the Supreme Court 1410 01:27:33,109 --> 01:27:38,183 to ratify Plessy v. Ferguson... to confirm it in a new age 1411 01:27:38,253 --> 01:27:40,634 and say, "Yes, this is still the law of the land 1412 01:27:40,703 --> 01:27:42,395 and it satisfies the constitution." 1413 01:27:42,464 --> 01:27:48,711 What Judge Waring was pushing him to do was very risky. 1414 01:27:48,780 --> 01:27:53,268 If you launched a concerted effort to overturn Plessy 1415 01:27:53,337 --> 01:27:58,514 and failed, your years of all that work would have been thrown 1416 01:27:58,583 --> 01:28:01,137 on the trash heap of history. 1417 01:28:01,206 --> 01:28:03,864 Thurgood Marshall says, "Judge, it's on our agenda. 1418 01:28:03,933 --> 01:28:07,212 "It's just not tonight, this is not the time. 1419 01:28:07,282 --> 01:28:09,284 This is not the place. ” 1420 01:28:09,353 --> 01:28:11,113 What he wasn't saying explicitly was, 1421 01:28:11,182 --> 01:28:13,046 this is the last place in the world we're going to try 1422 01:28:13,115 --> 01:28:15,497 to desegregate the schools. 1423 01:28:15,566 --> 01:28:19,708 This is down the end of the road, not the beginning. 1424 01:28:19,777 --> 01:28:23,228 Judge Waring said, "This is the time. 1425 01:28:23,298 --> 01:28:24,644 "This is the case. 1426 01:28:24,713 --> 01:28:27,854 "You're gonna be challenging the constitutionality 1427 01:28:27,923 --> 01:28:29,304 "of a state law. 1428 01:28:29,373 --> 01:28:30,788 "You're going to lose, 1429 01:28:30,857 --> 01:28:34,895 but you'll plant the case directly and automatically 1430 01:28:34,964 --> 01:28:37,139 "onto the docket of the U.S. Supreme Court. 1431 01:28:37,208 --> 01:28:39,797 And he said, "Thurgood, that's where you want to be." 1432 01:28:42,317 --> 01:28:45,009 At Waring's urging, Marshall petitioned the court 1433 01:28:45,078 --> 01:28:48,012 to dismiss the current case and bring a new suit, 1434 01:28:48,081 --> 01:28:50,117 one alleging that segregation 1435 01:28:50,186 --> 01:28:54,363 in South Carolina's public schools was unconstitutional. 1436 01:28:54,432 --> 01:28:59,644 Marshall and his team spent the next month preparing to refile. 1437 01:28:59,713 --> 01:29:01,163 But they also needed approval 1438 01:29:01,232 --> 01:29:04,200 from the plaintiffs to move ahead. 1439 01:29:04,269 --> 01:29:06,996 Marshall was always very powerfully conscious 1440 01:29:07,065 --> 01:29:09,413 of the risks being taken by plaintiffs. 1441 01:29:09,482 --> 01:29:12,139 And if you knew anything about Clarendon County in that period, 1442 01:29:12,208 --> 01:29:16,178 you knew that the Briggs and others who stood up 1443 01:29:16,247 --> 01:29:19,284 to the system in that jurisdiction were going 1444 01:29:19,354 --> 01:29:20,320 to have hell to pay. 1445 01:29:23,599 --> 01:29:26,361 The week before Christmas, 1950, 1446 01:29:26,430 --> 01:29:29,640 dozens of parents, students, and teachers filed into 1447 01:29:29,709 --> 01:29:32,470 St. Mark A.M.E. Church in Summerton, 1448 01:29:32,539 --> 01:29:35,818 ready to hear an update on their case from Robert Carter, 1449 01:29:35,887 --> 01:29:38,959 Marshall's key deputy. 1450 01:29:39,028 --> 01:29:41,617 The place was packed to the rafters. 1451 01:29:41,686 --> 01:29:44,171 Mr. Carter explained that 1452 01:29:44,240 --> 01:29:47,036 the N.A.A.C.P. thought it was time to attack segregation, 1453 01:29:47,105 --> 01:29:48,831 root and branch, 1454 01:29:48,900 --> 01:29:51,593 but that anyone who was a plaintiff in the case 1455 01:29:51,662 --> 01:29:55,010 needed to understand they could experience severe retaliation. 1456 01:29:55,079 --> 01:29:58,151 He said, "Mr. Marshall wants you to know that. 1457 01:29:58,220 --> 01:30:01,810 You can withdraw." 1458 01:30:01,879 --> 01:30:05,917 That was made clear to the petitioners... 1459 01:30:05,986 --> 01:30:08,679 if you think you're experiencing retribution now, 1460 01:30:08,748 --> 01:30:11,095 if this case come from here, 1461 01:30:11,164 --> 01:30:14,132 there's gonna probably be more reprisals that will come 1462 01:30:14,201 --> 01:30:15,651 and don't know what form it would take. 1463 01:30:17,584 --> 01:30:20,863 This was no great revelation to the Reverend DeLaine, 1464 01:30:20,932 --> 01:30:23,383 or to the Navy veteran Harry Briggs, 1465 01:30:23,452 --> 01:30:25,247 whose name was on the legal filing 1466 01:30:25,316 --> 01:30:28,146 simply because he was first up in the alphabet. 1467 01:30:28,215 --> 01:30:30,286 Or to any of the other petitioners 1468 01:30:30,355 --> 01:30:33,600 who had signed onto the original lawsuit. 1469 01:30:33,669 --> 01:30:36,361 What Marshall had warned about nearly two years earlier 1470 01:30:36,431 --> 01:30:38,018 had come to pass. 1471 01:30:38,087 --> 01:30:39,813 Did your husband sign this petition? 1472 01:30:39,882 --> 01:30:41,125 Yes, he did sign the petition. 1473 01:30:41,194 --> 01:30:42,885 What happened to him after that? 1474 01:30:42,954 --> 01:30:45,888 Right after he signed the petition, he told him that, 1475 01:30:45,957 --> 01:30:48,615 unless he take his name off it, he would lose his job. 1476 01:30:48,684 --> 01:30:52,308 On Christmas Eve, they gave him a carton of cigarettes 1477 01:30:52,377 --> 01:30:55,208 and said we got somebody to replace you. 1478 01:30:55,277 --> 01:30:58,556 Then money dries up. 1479 01:30:58,625 --> 01:31:00,731 Couldn't get work. 1480 01:31:00,800 --> 01:31:03,630 He took a pseudonym to get paid. 1481 01:31:03,699 --> 01:31:06,737 Because they wasn't gonna hire Harry Briggs in the county. 1482 01:31:06,806 --> 01:31:08,842 What did you tell him? 1483 01:31:08,911 --> 01:31:11,224 Well, I told I him we was... we only doing it 1484 01:31:11,293 --> 01:31:14,054 for the betterment of the children. 1485 01:31:14,123 --> 01:31:16,332 Mm-hmm. Not only our children, 1486 01:31:16,401 --> 01:31:18,093 but all of the children. 1487 01:31:23,788 --> 01:31:25,928 There were a lot of evictions. 1488 01:31:28,206 --> 01:31:31,520 My father was threatened. 1489 01:31:31,589 --> 01:31:37,940 The Black men in town had formed themselves into a cadre 1490 01:31:38,009 --> 01:31:41,254 guarding our house at night with guns. 1491 01:31:43,981 --> 01:31:46,224 Reverend Delaine, he had his home burned, 1492 01:31:46,293 --> 01:31:48,330 with volunteer firemen standing out front 1493 01:31:48,399 --> 01:31:51,471 refusing to provide service. 1494 01:31:51,540 --> 01:31:54,612 They did that to send a message, you know. 1495 01:31:54,681 --> 01:31:56,338 And when his house caught on fire, we thought 1496 01:31:56,407 --> 01:31:57,822 ours would be next. 1497 01:31:57,891 --> 01:32:00,480 They have children, they have families. 1498 01:32:00,549 --> 01:32:02,240 They have responsibilities, 1499 01:32:02,309 --> 01:32:04,415 and they have to think about all that. 1500 01:32:04,484 --> 01:32:07,660 You know, "If I lose my farm, what happens next? 1501 01:32:07,729 --> 01:32:10,386 "Maybe, I'll be killed. 1502 01:32:10,455 --> 01:32:11,698 "And also, maybe, 1503 01:32:11,767 --> 01:32:13,079 "I'm also the breadwinner of my family. 1504 01:32:13,148 --> 01:32:14,287 "It's not just that I'm going to be killed, 1505 01:32:14,356 --> 01:32:15,771 my family is going to be destitute." 1506 01:32:17,704 --> 01:32:20,949 Now here was Robert Carter, who didn't have to stay behind 1507 01:32:21,018 --> 01:32:22,951 and live in Clarendon County... 1508 01:32:23,020 --> 01:32:27,265 asking these parents to be the first wave of a frontal attack 1509 01:32:27,334 --> 01:32:29,820 on the most jagged ramparts of segregation. 1510 01:32:32,305 --> 01:32:33,893 There was a pregnant silence 1511 01:32:33,962 --> 01:32:36,551 when Carter finished his presentation. 1512 01:32:36,620 --> 01:32:39,208 And then an old man in the back of the church 1513 01:32:39,277 --> 01:32:42,867 raised his hand and he said, "We wondered how long it would take 1514 01:32:42,936 --> 01:32:44,524 you lawyers to get there." 1515 01:32:44,593 --> 01:32:45,732 They were ready. 1516 01:33:00,471 --> 01:33:02,680 When you had enough, you just had enough. 1517 01:33:02,749 --> 01:33:05,787 I mean, you just can't take it anymore. 1518 01:33:05,856 --> 01:33:08,755 Where can you go? You can't back up. 1519 01:33:08,824 --> 01:33:10,723 You just can't, you gotta go forward. 1520 01:33:10,792 --> 01:33:12,172 And that was their mindset. 1521 01:33:16,418 --> 01:33:19,007 Not any of those families backed down. 1522 01:33:21,768 --> 01:33:25,289 Clarendon County is almost like the Isaac Woodard case. 1523 01:33:25,358 --> 01:33:28,948 The starkness of the facts, the depth of the racism 1524 01:33:29,017 --> 01:33:31,985 goes to the very heart of the unfairness 1525 01:33:32,054 --> 01:33:34,367 and the ugliness of white supremacy. 1526 01:33:34,436 --> 01:33:36,334 And in that case for Marshall, 1527 01:33:36,403 --> 01:33:38,578 it's going right into the eye of the storm. 1528 01:33:40,960 --> 01:33:44,135 Marshall didn't expect to win Briggs v. Elliott 1529 01:33:44,204 --> 01:33:46,344 in the federal court of South Carolina. 1530 01:33:46,413 --> 01:33:50,555 But his team did need to build a record of evidence, 1531 01:33:50,625 --> 01:33:53,248 one that would give the United States Supreme Court 1532 01:33:53,317 --> 01:33:57,632 a solid rationale for ending segregation in public schools... 1533 01:33:57,701 --> 01:34:02,153 and essentially burying its own "separate but equal" precedent. 1534 01:34:03,638 --> 01:34:06,123 Marshall has to show, well, 1535 01:34:06,192 --> 01:34:08,263 no matter what you did with resources, 1536 01:34:08,332 --> 01:34:10,679 just the mere fact of a statute 1537 01:34:10,748 --> 01:34:14,131 that requires segregation is unconstitutional. 1538 01:34:14,200 --> 01:34:16,098 Why is it unconstitutional? 1539 01:34:16,167 --> 01:34:17,479 Well, for us, it would be easy. 1540 01:34:17,548 --> 01:34:19,308 This is just subordination of Black people. 1541 01:34:19,377 --> 01:34:21,483 But for them, it was hard because 1542 01:34:21,552 --> 01:34:23,485 they didn't question it. 1543 01:34:23,554 --> 01:34:26,868 They weren't thinking that segregation 1544 01:34:26,937 --> 01:34:29,802 was harmful to Black people. 1545 01:34:29,871 --> 01:34:33,702 He said, if you were in an automobile accident, 1546 01:34:33,771 --> 01:34:36,740 I would have to show how the accident injured you. 1547 01:34:36,809 --> 01:34:38,880 Here in this case, 1548 01:34:38,949 --> 01:34:44,057 he has to show how segregation has injured his clients. 1549 01:34:44,126 --> 01:34:46,888 What harm has it caused? 1550 01:34:51,616 --> 01:34:54,861 Enter 37-year-old psychologist Kenneth Clark 1551 01:34:54,930 --> 01:34:57,830 and his now-famous dolls. 1552 01:35:00,833 --> 01:35:04,215 Kenneth and Mamie Clark... the first Black Americans 1553 01:35:04,284 --> 01:35:08,392 to earn PhDs in psychology from Columbia University... 1554 01:35:08,461 --> 01:35:11,740 had recently begun conducting a series of research experiments 1555 01:35:11,809 --> 01:35:16,434 to determine the effect of segregation on Black children. 1556 01:35:16,503 --> 01:35:20,438 The tools of the Clarks' experimental trade 1557 01:35:20,507 --> 01:35:24,235 were breathtakingly simple: 1558 01:35:24,304 --> 01:35:27,100 a suitcase full of dolls, 1559 01:35:27,169 --> 01:35:29,413 four of them gender neutral, 1560 01:35:29,482 --> 01:35:33,486 identical in every way except for skin color. 1561 01:35:33,555 --> 01:35:38,146 Two were white, and two were brown. 1562 01:35:38,215 --> 01:35:41,356 Doctor Kenneth Clark explained their extraordinary findings 1563 01:35:41,425 --> 01:35:43,772 to N.A.A.C.P. attorney Robert Carter, 1564 01:35:43,841 --> 01:35:46,602 who lobbied his colleagues to make the Clarks' research 1565 01:35:46,671 --> 01:35:50,296 central to their legal strategy. 1566 01:35:50,365 --> 01:35:52,091 There's a great deal of debate around the table 1567 01:35:52,160 --> 01:35:54,818 at Legal Defense headquarters in New York City. 1568 01:35:54,887 --> 01:35:58,994 They are thinking, what are we going to do with 1569 01:35:59,063 --> 01:36:02,101 what they call "These damn dolls?" 1570 01:36:05,483 --> 01:36:09,004 Marshall sits at the end of the table, says very little, 1571 01:36:09,073 --> 01:36:11,835 and just smokes, and smokes, and smokes, 1572 01:36:11,904 --> 01:36:13,768 as the attorneys hash it out, hash it out, 1573 01:36:13,837 --> 01:36:18,082 until finally Marshall says, "I have to show injury. 1574 01:36:18,151 --> 01:36:19,394 "The dolls are how I'm going to show 1575 01:36:19,463 --> 01:36:22,293 "the injury to the children. 1576 01:36:22,362 --> 01:36:24,951 We're taking the dolls with us to South Carolina." 1577 01:36:28,472 --> 01:36:32,407 By daybreak on May 28, 1951, 1578 01:36:32,476 --> 01:36:37,688 a caravan of cars filled with parents, teachers, and children 1579 01:36:37,757 --> 01:36:40,933 was well on its way from Summerton to Charleston, 1580 01:36:41,002 --> 01:36:44,315 where they were finally going to get their day in court. 1581 01:36:44,384 --> 01:36:47,353 As they pulled up to the federal courthouse, 1582 01:36:47,422 --> 01:36:50,977 the citizens of Clarendon County were awed to discover 1583 01:36:51,046 --> 01:36:54,636 they were not the only ones who had made the journey. 1584 01:36:56,983 --> 01:36:58,433 From across the state, 1585 01:36:58,502 --> 01:37:00,780 African Americans got up early in the morning 1586 01:37:00,849 --> 01:37:03,679 and drove to Charleston. 1587 01:37:03,748 --> 01:37:05,612 And by the time the sun rose that morning, 1588 01:37:05,681 --> 01:37:10,169 they were lined up as far as the eye could see. 1589 01:37:10,238 --> 01:37:12,930 Out the sidewalk, around the corner. 1590 01:37:12,999 --> 01:37:16,969 And these folks stood out there in hot, hot May weather. 1591 01:37:17,038 --> 01:37:18,384 You ever been to South Carolina in May? 1592 01:37:18,453 --> 01:37:20,835 It is hot... sticky hot. 1593 01:37:20,904 --> 01:37:25,218 Thurgood Marshall, arriving that morning for the trial, 1594 01:37:25,287 --> 01:37:28,635 was amazed... he had never seen such a crowd. 1595 01:37:28,704 --> 01:37:30,983 And he turned to Robert Carter 1596 01:37:31,052 --> 01:37:33,917 and said, "Bob, it's all over." 1597 01:37:33,986 --> 01:37:36,229 Carter, you know, his young associate said, 1598 01:37:36,298 --> 01:37:38,645 "Thurgood, what are you talking about?" 1599 01:37:38,714 --> 01:37:42,132 He said, "They're not scared anymore." 1600 01:37:42,201 --> 01:37:46,412 For Marshall to see the throngs, the crowds, 1601 01:37:46,481 --> 01:37:48,586 coming out for the first day of trial 1602 01:37:48,655 --> 01:37:52,452 showed him that something had shifted in the South. 1603 01:37:54,730 --> 01:37:58,907 They're not afraid anymore to fight for their full citizenship 1604 01:37:58,976 --> 01:38:02,807 and to make the statement of how important this is to them. 1605 01:38:07,433 --> 01:38:09,953 With the courtroom packed beyond capacity 1606 01:38:10,022 --> 01:38:13,749 that hot spring morning, Marshall began arguing his case 1607 01:38:13,818 --> 01:38:16,476 before a panel of three federal judges, 1608 01:38:16,545 --> 01:38:19,859 one of whom was Judge Waties Waring. 1609 01:38:19,928 --> 01:38:22,448 He sparred with defense witnesses 1610 01:38:22,517 --> 01:38:24,899 from the school district and presented his own 1611 01:38:24,968 --> 01:38:27,832 expert testimonies on the egregious disparities 1612 01:38:27,902 --> 01:38:31,043 between the county's Black and white schools. 1613 01:38:31,112 --> 01:38:34,322 Marshall did not stop there. 1614 01:38:34,391 --> 01:38:36,600 He proceeded to show the court that the damage 1615 01:38:36,669 --> 01:38:38,705 to the Black children in Clarendon County 1616 01:38:38,774 --> 01:38:43,296 was real and quantifiable. 1617 01:38:43,365 --> 01:38:48,439 His key witness took the stand that afternoon. 1618 01:38:48,508 --> 01:38:51,235 Dr. Kenneth Clark described for the court 1619 01:38:51,304 --> 01:38:53,962 the doll experiments he and his wife had conducted on hundreds 1620 01:38:54,031 --> 01:38:57,138 of Black schoolchildren across the country, 1621 01:38:57,207 --> 01:38:59,243 asking them to evaluate and compare 1622 01:38:59,312 --> 01:39:02,281 the virtues of the black and white dolls. 1623 01:39:05,284 --> 01:39:07,907 Kenneth and Mamie Clark conduct these studies 1624 01:39:07,976 --> 01:39:11,083 over a period of months and it traumatizes them 1625 01:39:11,152 --> 01:39:13,119 to have to do this over and over again and get 1626 01:39:13,188 --> 01:39:15,915 the same answers over and over again 1627 01:39:15,984 --> 01:39:17,744 from different children, 1628 01:39:17,813 --> 01:39:19,436 attending different schools 1629 01:39:19,505 --> 01:39:21,921 in different states. 1630 01:39:21,990 --> 01:39:28,445 Without fail, the Black children preferred the white doll. 1631 01:39:41,630 --> 01:39:45,669 Not only does the N.A.A.C.P. have all of the information 1632 01:39:45,738 --> 01:39:49,431 it needs on the brick and mortar issues, 1633 01:39:49,500 --> 01:39:51,123 now they have evidence that said, 1634 01:39:51,192 --> 01:39:52,779 "Look, this is inherently damaging 1635 01:39:52,848 --> 01:39:55,230 "to Black children, right? 1636 01:39:55,299 --> 01:39:56,991 "And this is a stigma, and this is a damage 1637 01:39:57,060 --> 01:39:58,993 from which they will never recover." 1638 01:40:04,274 --> 01:40:10,349 The trial was shorter than anticipated... just two days. 1639 01:40:10,418 --> 01:40:14,767 Marshall had given it his best shot. 1640 01:40:14,836 --> 01:40:18,184 As he joined the throngs streaming out of the courtroom, 1641 01:40:18,253 --> 01:40:21,015 the three judges retired to Waring's chambers 1642 01:40:21,084 --> 01:40:22,740 to discuss the case. 1643 01:40:22,809 --> 01:40:27,159 The conference went just as expected. 1644 01:40:27,228 --> 01:40:29,678 Neither of the other two judges had been persuaded 1645 01:40:29,747 --> 01:40:31,370 by Marshall's arguments. 1646 01:40:31,439 --> 01:40:36,444 Separate but equal would stand in South Carolina. 1647 01:40:41,794 --> 01:40:43,968 The Briggs plaintiffs had lost, 1648 01:40:44,038 --> 01:40:47,524 as Marshall suspected they would, 2-1. 1649 01:40:47,593 --> 01:40:49,181 But, as Waring had planned, 1650 01:40:49,250 --> 01:40:52,598 the appeal was headed straight to the Supreme Court. 1651 01:40:52,667 --> 01:40:54,910 And he meant to arm the N.A.A.C.P. attorneys 1652 01:40:54,979 --> 01:40:58,121 with something for the battle in Washington: 1653 01:40:58,190 --> 01:41:02,573 a dissenting opinion for the ages. 1654 01:41:02,642 --> 01:41:05,335 He knew he was writing for history. 1655 01:41:05,404 --> 01:41:09,097 He knew this was his moment. 1656 01:41:09,166 --> 01:41:12,618 And he labored for days carefully constructing 1657 01:41:12,687 --> 01:41:18,417 and rewriting and revising over and over again this dissent. 1658 01:41:18,486 --> 01:41:22,697 He wrote it with care and with precision and with passion. 1659 01:41:22,766 --> 01:41:26,218 Waring's dissent is quite remarkable. 1660 01:41:28,392 --> 01:41:31,809 It's a direct indictment of segregation, 1661 01:41:31,878 --> 01:41:34,536 and it's important to say that 1662 01:41:34,605 --> 01:41:40,059 because so many people were finessing the issue. 1663 01:41:40,128 --> 01:41:42,924 He described the testimony of Dr. Clark 1664 01:41:42,993 --> 01:41:46,721 about the injury to Black children, and he said, 1665 01:41:46,790 --> 01:41:49,413 "This must end, it must end now. 1666 01:41:51,519 --> 01:41:54,177 Segregation is per se inequality." 1667 01:41:56,386 --> 01:41:59,561 Waring set off the last sentence in a separate paragraph, 1668 01:41:59,630 --> 01:42:01,874 for effect. 1669 01:42:01,943 --> 01:42:05,602 And it was, in a way, his final word on the vicious regime 1670 01:42:05,671 --> 01:42:08,881 of legalized white supremacy in the Deep South. 1671 01:42:10,848 --> 01:42:13,817 Soon after he filed his dissent in Briggs, 1672 01:42:13,886 --> 01:42:16,233 Waring wrote President Harry Truman with the news 1673 01:42:16,302 --> 01:42:18,960 that he was stepping down from his federal judgeship. 1674 01:42:21,963 --> 01:42:24,138 The Warings left Charleston for good, 1675 01:42:24,207 --> 01:42:27,210 retiring to a small apartment in New York City. 1676 01:42:36,150 --> 01:42:38,531 Thurgood Marshall was fundraising in Alabama 1677 01:42:38,600 --> 01:42:40,878 when word reached him that the Supreme Court 1678 01:42:40,947 --> 01:42:43,398 had finally ruled on the constitutionality 1679 01:42:43,467 --> 01:42:46,608 of segregation in public schools. 1680 01:42:49,956 --> 01:42:53,960 It had been a long and frustrating wait; 1681 01:42:54,029 --> 01:42:57,171 three years since the trial in Judge Waring's courtroom. 1682 01:42:57,240 --> 01:43:02,762 The name "Briggs" had been subsumed by then. 1683 01:43:02,831 --> 01:43:06,490 The N.A.A.C.P. had brought four similar desegregation cases, 1684 01:43:06,559 --> 01:43:10,391 in Virginia, Delaware, the District of Columbia, 1685 01:43:10,460 --> 01:43:12,393 and Kansas. 1686 01:43:12,462 --> 01:43:15,327 The five cases had been consolidated and filed 1687 01:43:15,396 --> 01:43:19,710 as Brown v. Board of Education of Topeka, Kansas. 1688 01:43:22,299 --> 01:43:24,991 Briggs was the first case to arrive at the Supreme Court. 1689 01:43:25,060 --> 01:43:28,650 By all accounts it should have been Briggs v. Elliott. 1690 01:43:28,719 --> 01:43:33,379 My personal theory is that the court did not want this case 1691 01:43:33,448 --> 01:43:40,041 banning school segregation to be focused on a Southern case. 1692 01:43:40,110 --> 01:43:43,044 Topeka, Kansas, was not in the South. 1693 01:43:43,113 --> 01:43:45,633 And the South would claim it was being picked on. 1694 01:43:45,702 --> 01:43:48,429 But how do you say that if the lead defendant 1695 01:43:48,498 --> 01:43:50,672 is Topeka, Kansas? 1696 01:43:55,263 --> 01:44:00,751 The Supreme Court has rendered a momentous and historic decision 1697 01:44:00,820 --> 01:44:06,723 saying that education should be equal in this free America. 1698 01:44:06,792 --> 01:44:09,795 The fact it was a unanimous decision 1699 01:44:09,864 --> 01:44:12,970 should set for rest once and for all 1700 01:44:13,039 --> 01:44:15,559 the problem as to whether or not 1701 01:44:15,628 --> 01:44:19,149 second class citizenship, segregation, 1702 01:44:19,218 --> 01:44:22,290 could be consistent any longer with the law of the country. 1703 01:44:47,281 --> 01:44:50,387 Marshall and the N.A.A.C.P. had certainly been hopeful. 1704 01:44:50,456 --> 01:44:53,321 I don't think there was any reason for them 1705 01:44:53,390 --> 01:44:56,635 to expect it to be unanimous. 1706 01:44:56,704 --> 01:44:58,568 That must have been a surprise. 1707 01:44:58,637 --> 01:45:05,091 The decision is written in a manner and at a length 1708 01:45:05,160 --> 01:45:09,613 such that it could be printed in every newspaper in the country. 1709 01:45:14,963 --> 01:45:17,552 So that it could be read and understood 1710 01:45:17,621 --> 01:45:22,454 by any literate person in the United States. 1711 01:45:22,523 --> 01:45:24,525 So that it could be read to someone 1712 01:45:24,594 --> 01:45:26,734 who might not be able to read him or herself, 1713 01:45:26,803 --> 01:45:29,323 and that person would be able to understand 1714 01:45:29,392 --> 01:45:33,810 why and how the justices had reached this conclusion. 1715 01:45:36,157 --> 01:45:39,263 Citing evidence from the Clark's doll studies, 1716 01:45:39,333 --> 01:45:41,611 Chief Justice Earl Warren was explicit 1717 01:45:41,680 --> 01:45:44,372 about the very real damage suffered by children 1718 01:45:44,441 --> 01:45:46,892 segregated by race. 1719 01:45:46,961 --> 01:45:50,240 "Any language in Plessy v. Ferguson contrary 1720 01:45:50,309 --> 01:45:55,901 to this finding," he wrote, "is rejected." 1721 01:45:55,970 --> 01:45:59,767 But Warren steered clear of any mention of Waties Waring, 1722 01:45:59,836 --> 01:46:02,873 who had been the only federal judge in the five cases 1723 01:46:02,942 --> 01:46:04,737 to file a dissent arguing 1724 01:46:04,806 --> 01:46:09,190 that segregation itself was unconstitutional. 1725 01:46:09,259 --> 01:46:10,812 You got to remember at this time Judge Waring 1726 01:46:10,881 --> 01:46:12,780 is a very polarizing figure. 1727 01:46:12,849 --> 01:46:16,059 He's probably the most reviled white man in the South 1728 01:46:16,128 --> 01:46:18,510 among white Southerners. 1729 01:46:18,579 --> 01:46:21,167 The court didn't make his dissent 1730 01:46:21,236 --> 01:46:23,066 the basis of their decision. 1731 01:46:23,135 --> 01:46:25,965 But it is obvious when you read it, 1732 01:46:26,034 --> 01:46:28,382 it is Judge Waring's language. 1733 01:46:32,109 --> 01:46:34,146 Back in New York City, 1734 01:46:34,215 --> 01:46:36,217 Walter White and other luminaries 1735 01:46:36,286 --> 01:46:39,047 from New York's civil rights community gathered 1736 01:46:39,116 --> 01:46:40,739 in the Warings' parlor to toast 1737 01:46:40,808 --> 01:46:43,914 the historic milestone and the final triumph 1738 01:46:43,983 --> 01:46:46,192 of Judge Waring's judicial strategy. 1739 01:46:49,713 --> 01:46:52,854 A few miles away, Thurgood Marshall and his team 1740 01:46:52,923 --> 01:46:54,994 held their own victory party, 1741 01:46:55,063 --> 01:46:58,895 allowing themselves only the briefest of revelries. 1742 01:46:58,964 --> 01:47:02,933 For Marshall, the Brown ruling did not mark the end 1743 01:47:03,002 --> 01:47:07,973 of a hard-fought battle, but the beginning of a new one. 1744 01:47:09,561 --> 01:47:11,770 Everyone was celebrating in the office 1745 01:47:11,839 --> 01:47:13,737 and Marshall said "You're all a bunch of fools," you know, 1746 01:47:13,806 --> 01:47:14,773 "We have a lot more work ahead, okay? 1747 01:47:14,842 --> 01:47:16,119 We have to get back to work." 1748 01:47:16,188 --> 01:47:19,260 He understood what was to come. 1749 01:47:19,329 --> 01:47:23,091 As a leader, you can barely experience excitement 1750 01:47:23,160 --> 01:47:24,748 without looking around the corner for whatever 1751 01:47:24,817 --> 01:47:27,682 is the next challenge or work that has to be done. 1752 01:47:38,037 --> 01:47:39,660 Hello, welcome to "Like It Is." 1753 01:47:39,729 --> 01:47:42,283 Today's edition features a look back in time 1754 01:47:42,352 --> 01:47:44,596 into the tragedy of Isaac Woodard, 1755 01:47:44,665 --> 01:47:47,012 a man whose confrontation with Southern racism 1756 01:47:47,081 --> 01:47:49,048 came to symbolize the brutality in America 1757 01:47:49,117 --> 01:47:50,809 at the end of World War II. 1758 01:47:50,878 --> 01:47:56,987 Nearly 40 years after his blinding, Isaac Woodard agreed 1759 01:47:57,056 --> 01:47:59,162 to revisit the details of his ordeal 1760 01:47:59,231 --> 01:48:01,302 with a local television journalist. 1761 01:48:01,371 --> 01:48:03,511 Do you think back towards those days, 1762 01:48:03,580 --> 01:48:05,375 to have something like this happen to you 1763 01:48:05,444 --> 01:48:07,204 while you're still in uniform? 1764 01:48:07,273 --> 01:48:09,793 A lot of people ask me, was I bitter with, you know, 1765 01:48:09,862 --> 01:48:11,415 with the world, with everybody? 1766 01:48:11,485 --> 01:48:13,659 I told them, no, I wasn't. I wasn't because... 1767 01:48:13,728 --> 01:48:15,937 I said, well, everybody ain't bad, you know, 1768 01:48:16,006 --> 01:48:17,905 that I know. 1769 01:48:17,974 --> 01:48:19,389 And the one that I'm really bitter against, 1770 01:48:19,458 --> 01:48:22,737 the one that really did it to me. 1771 01:48:22,806 --> 01:48:24,221 He never served a day... No, no, no. 1772 01:48:24,290 --> 01:48:26,016 Kept his job. Right, right. 1773 01:48:26,085 --> 01:48:28,640 Kept his job, they didn't even take him off the force, 1774 01:48:28,709 --> 01:48:29,779 you know? 1775 01:48:29,848 --> 01:48:31,366 For the first few years, 1776 01:48:31,435 --> 01:48:34,059 he called them names I couldn't even mention. 1777 01:48:34,128 --> 01:48:37,683 But, uh, he grew out of it. 1778 01:48:40,755 --> 01:48:43,171 I saw the part of him after the bitterness, 1779 01:48:43,240 --> 01:48:46,485 and the anger, and the frustration. 1780 01:48:46,554 --> 01:48:51,110 Most of the time I saw him, he was smiling. 1781 01:48:51,179 --> 01:48:53,665 He was so well-dressed. 1782 01:48:53,734 --> 01:48:55,977 There was a tie clip on the tie, 1783 01:48:56,046 --> 01:48:57,254 and you could tell the way he walked, 1784 01:48:57,323 --> 01:48:58,877 he was proud of who he was. 1785 01:49:00,879 --> 01:49:05,711 In 1962, the U.S. Army finally granted Sergeant Woodard 1786 01:49:05,780 --> 01:49:08,334 the disability benefits they had denied him 1787 01:49:08,403 --> 01:49:12,649 in the years following his blinding. 1788 01:49:12,718 --> 01:49:14,755 Eventually, he was able to buy 1789 01:49:14,824 --> 01:49:16,515 several properties throughout the Bronx 1790 01:49:16,584 --> 01:49:21,796 and provide a comfortable life for himself and his family. 1791 01:49:21,865 --> 01:49:24,799 What do you think that people should learn about, 1792 01:49:24,868 --> 01:49:26,387 what's happened to Isaac Woodard, 1793 01:49:26,456 --> 01:49:30,529 what lesson is there about America? 1794 01:49:30,598 --> 01:49:33,636 Well, I mean, the way I feel about it, you know, 1795 01:49:33,705 --> 01:49:37,950 that people should learn how to live with one another, 1796 01:49:38,019 --> 01:49:39,400 and how to treat one another. 1797 01:49:39,469 --> 01:49:41,816 Because after all, we all are, we're human beings, 1798 01:49:41,885 --> 01:49:43,991 regardless of color. 1799 01:49:44,060 --> 01:49:46,200 Everybody should, you know, have some sympathy for one another, 1800 01:49:46,269 --> 01:49:47,511 you know? 1801 01:49:47,581 --> 01:49:49,479 And don't do cruel things to one another 1802 01:49:49,548 --> 01:49:51,550 that you don't wanna be did to you. 1803 01:49:51,619 --> 01:49:53,517 That's the way I feel about it. 1804 01:49:55,036 --> 01:50:00,455 Isaac Woodard died in 1992, at age 73, 1805 01:50:00,524 --> 01:50:03,355 entirely unaware that his simple request 1806 01:50:03,424 --> 01:50:08,325 to be treated like a man, and the injustice that followed it, 1807 01:50:08,394 --> 01:50:10,293 had emboldened a federal judge 1808 01:50:10,362 --> 01:50:12,882 and the president of the United States 1809 01:50:12,951 --> 01:50:17,127 to pursue the destruction of legalized segregation. 1810 01:50:29,381 --> 01:50:35,559 Historians like to talk in terms of grand narratives. 1811 01:50:38,735 --> 01:50:41,842 But when you look closely, you find often it is 1812 01:50:41,911 --> 01:50:46,432 a single person taking a certain action. 1813 01:50:46,501 --> 01:50:50,644 It's not often sufficient to cause grand change, 1814 01:50:50,713 --> 01:50:52,024 but it is a spark. 1815 01:50:53,957 --> 01:50:57,754 Every fundamental shift in this country has required the courage 1816 01:50:57,823 --> 01:51:02,448 of ordinary people to demand that they be respected, 1817 01:51:02,517 --> 01:51:05,555 exceptional human beings who were willing to put 1818 01:51:05,624 --> 01:51:08,040 their lives on the line. 1819 01:51:08,109 --> 01:51:10,940 The ways in which they changed this country 1820 01:51:11,009 --> 01:51:13,943 we accept almost like air, 1821 01:51:14,012 --> 01:51:16,566 without ever giving a moment's thought 1822 01:51:16,635 --> 01:51:19,465 to the individuals who sacrificed themselves for it. 1823 01:51:19,534 --> 01:51:24,470 You don't know what the effect of your speaking up 1824 01:51:24,539 --> 01:51:28,474 and using your voice will be. 1825 01:51:28,543 --> 01:51:32,375 It may even look like it was nominal. 1826 01:51:32,444 --> 01:51:35,896 But in the long course of history, 1827 01:51:35,965 --> 01:51:40,038 can be earth-shattering, and powerful and important.