Green v. County School Board

1968

Venue: SCOTUS

Facts: A relatively equally racially divided population, and the school board adopts a freedom-of-choice program, and encourages people to go to the school that was historically populated by the other race. But only a few blacks go to the white school, and no whites go to the black school.

Posture: Unknown

Issue: Is this OK?

Holding: No.

Rule: We don't just require the elimination of overt de jure segregation-- affimative steps must be taken to achieve integration.

Reasoning: The board is really dragging its feet here-- it wasn't until 10 years after Brown that they even took this step. "Freedom of choice" is no substitute for zoning or other means to the end of achieving a unitary nonracial school system.

Dicta: