Plessy v. Ferguson (1896)

Posted in Articles, History, Law, Louisiana, Media Archive, Passing, United States on 2015-06-07 19:00Z by Steven

Plessy v. Ferguson (1896)

The Rise and Fall of Jim Crow
Public Broadcasting Service (PBS)
2002

Richard Wormser, Series producer, Co-writer

Jim Crow was not a person, yet affected the lives of millions of people. Named after a popular 19th-century minstrel song that stereotyped African Americans, “Jim Crow” came to personify the system of government-sanctioned racial oppression and segregation in the United States.

In June 7, 1892, 30-year-old Homer Plessy was jailed for sitting in the “White” car of the East Louisiana Railroad. Plessy could easily pass for white but under Louisiana law, he was considered black despite his light complexion and therefore required to sit in the “Colored” car. He was a Creole of Color, a term used to refer to black persons in New Orleans who traced some of their ancestors to the French, Spanish, and Caribbean settlers of Louisiana before it became part of the United States. When Louisiana passed the Separate Car Act, legally segregating common carriers in 1892, a black civil rights organization decided to challenge the law in the courts. Plessy deliberately sat in the white section and identified himself as black. He was arrested and the case went all the way to the United States Supreme Court. Plessy’s lawyer argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. In 1896, the Supreme Court of the United States heard the case and held the Louisiana segregation statute…

Read the entire article here.

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Plessy v. Ferguson: Race and Inequality in Jim Crow America

Posted in Books, History, Law, Louisiana, Monographs, United States on 2013-08-22 02:12Z by Steven

Plessy v. Ferguson: Race and Inequality in Jim Crow America

University Press of Kansas
April 2012
224 pages
5-1⁄2 x 8-1⁄2
Cloth ISBN 978-0-7006-1846-0
Paper ISBN 978-0-7006-1847-7

Williamjames Hull Hoffer, Associate Professor of History
Seton Hall University, South Orange, New Jersey

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination—but ultimately fell short of that goal, leading to the Supreme Court’s landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case.

In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed “equal but separate accommodations” on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court’s 7-1 decision in Plessy, which upheld both the Louisiana statute and the state’s police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it.

Hoffer’s readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans’ Faubourg Tremé district to the justices’ chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown’s ruling that the statute’s “equal, but separate” condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan’s classic dissent, in which he stated, “Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens.”

Hoffer’s compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.

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SOCI 395-005: Plessy to Martin: Race and Politics

Posted in Course Offerings, Law, Media Archive, Social Science, United States on 2013-07-25 17:13Z by Steven

SOCI 395-005: Plessy to Martin: Race and Politics

George Mason University
Fairfax, Virginia
Fall 2013

Rutledge M. Dennis, Professor of Sociology

This course examines the issues, individuals, and groups central to the intersectionality of race, culture, and politics in American life. We will begin with the landmark Plessy v. Ferguson case which solidified and legitimized the nation’s “separate and equal” racial policy until Brown v. Board of Education. A critique of this case allows us to understand the intricate relations between the nation’s racial theories and policies and its public politics and culture. These racial, political, and cultural issues will provide the background from which we analyze the individuals and groups whose actions and positions presented challenges and counter-challenges to America’s image of itself as a free and democratic society. As a consequence, we will examine how racial and cultural politics were driving forces in the public debates and controversies surrounding such cases as the Scottsboro Boys in Alabama, Robert Williams in North Carolina, Emmett Till in Mississippi, Medgar Evers in Mississippi, Martin Luther King in Georgia, Angela Davis in California, O. J. Simpson in California, Rodney King in California, and currently, Trayvon Martin in Florida. The central questions in the cases presented above focus on why, and in what ways, did racial feelings, fears, and animosities surface as they did, how were intragroup and intergroup relations affected by such attitudes and behavior, and what were the short and long-term societal consequences of these attitudes and behavior.

For more information, click here.

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‘Plessy v. Ferguson’: Who Was Plessy?

Posted in Articles, History, Law, Media Archive, United States on 2013-06-10 21:54Z by Steven

‘Plessy v. Ferguson’: Who Was Plessy?

The Root
2013-06-10

Henry Louis Gates Jr., Alphonse Fletcher University Professor of History
Harvard University

100 Amazing Facts About the Negro: Learn about the man whose case led to decades of legal segregation.

Amazing Fact About the Negro No. 35: Who was the Plessy in the Plessy v. Ferguson Supreme Court case that established the separate-but-equal policy for separating the races?

‘How many mysteries have begun with the line, “A man gets on a train … “? In our man’s case, it happens to be true, and there is nothing mysterious about his plan. His name is Homer Plessy, a 30-year-old shoemaker in New Orleans, and on the afternoon of Tuesday, June 7, 1892, he executes it perfectly by walking up to the Press Street Depot, purchasing a first-class ticket on the 4:15 East Louisiana local and taking his seat on board. Nothing about Plessy stands out in the “whites only” car. Had he answered negatively, nothing might have.

Instead, as historian Keith Weldon Medley writes, when train conductor J.J. Dowling asks Plessy what all conductors have been trained to ask under Louisiana’s 2-year-old Separate Car Act—”Are you a colored man?”—Plessy answers, “Yes,” prompting Dowling to order him to the “colored car.” Plessy’s answer started off a chain of events that led the Supreme Court to read “separate but equal” into the Constitution in 1896, thus allowing racially segregated accommodations to become the law of the land.

Here’s what happens next on the train: If a few passengers fail to notice the dispute the first or second time Plessy refuses to move, no one can avoid the confrontation when the engineer abruptly halts the train so that Dowling can dart back to the depot and return with Detective Christopher Cain. When Plessy resists moving to the Jim Crow car once more, the detective has him removed, by force, and booked at the Fifth Precinct on Elysian Fields Avenue. The charge: “Viol. Sec. 2 Act 111, 1890” of the Louisiana Separate Car Act, which, after requiring “all railway companies [to] provide equal but separate accommodations for the white, and colored races” in Sec. 1, states that “any passenger insisting on going into a coach or compartment to which by race he does not belong, shall be liable to a fine of twenty-five dollars, or in lieu thereof to imprisonment for a period of not more than twenty days in the parish prison.”

It takes only 20 minutes for Homer Plessy to get bounced from his train, but another four years for him to receive a final decision from the United States Supreme Court. He is far from alone in the struggle. The 18-member citizens group to which Plessy belongs, the Comité des Citoyens of New Orleans (made up of “civil libertarians, ex-Union soldiers, Republicans, writers, a former Louisiana lieutenant governor, a French Quarter jeweler and other professionals,” according to Medley), has left little to chance.

In fact, every detail of Plessy’s arrest has been plotted in advance with input from one of the most famous white crusaders for black rights in the Jim Crow era: Civil War veteran, lawyer, Reconstruction judge and best-selling novelist Albion Winegar Tourgée, of late a columnist for the Chicago Inter-Ocean who will oversee Plessy’s case from his Mayville, N.Y., home, which Tourgée calls “Thorheim,” or “Fool’s House,” after his popular novel, A Fool’s Errand (1879). Even the East Louisiana Railroad, conductor Dowling and Detective Cain are in on the scheme.

Critically important to the legal team is Plessy’s color—that he has “seven eighths Caucasian and one eighth African blood,” as Supreme Court Justice Henry Billings Brown will write in his majority opinion, an observation that refers to the uniquely American “one drop rule” that a person with any African blood, no matter how little, is considered to be black. That Plessy’s particular “mixture of colored blood” means it is “not discernible” to the naked eye is not the only thing misunderstood about his case…

Read the entire article here.

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The Case for Cablinasian: Multiracial Naming From Plessy to Tiger Woods

Posted in Articles, Communications/Media Studies, Identity Development/Psychology, Law, Media Archive, Politics/Public Policy, United States on 2012-04-02 02:58Z by Steven

The Case for Cablinasian: Multiracial Naming From Plessy to Tiger Woods

Communication Theory
Volume 22, Issue 1 (February 2012)
pages 92–111
DOI: 10.1111/j.1468-2885.2011.01399.x

LeiLani Nishime, Assistant Professor of Communication
University of Washington, Seattle

This article advocates for the interdisciplinary use of critical race theory and critical rhetorical theory in communication to analyze racialized language and to evaluate the cultural and political significance of new racial discourses in the United States. The article examines the dissenting opinion in Plessy v Ferguson (1896) and the congressional hearings on the Tiger Woods Bill (1997), two key instances of public debate over multiracial categories. The article then turns to Tiger Woods’ term “Cablinasian” and the possibilities of an alternative and contestory multiracial nomenclature, shifting the critique away from Woods’ celebrity or politics and toward the legal history and rhetorical potential of the word itself.

In 1996, Oprah Winfrey, on her U.S. television show, asked Tiger Woods how he racially identified. He famously responded by saying he made up his own word, “Cablinasian,” combining the words Caucasian, Black, Indian, and Asian. His comments stirred so much passionate response Winfrey scheduled another show dedicated to the issue. At the center of the debate was the perception that Woods was advocating for his own racial exceptionalism, an exceptionalism that endeared him to many in the multiracial movement and alienated him from many African American activists (DaCosta, 2007; Spencer, 2003; Squires, 2007; Weisman, 2001; Williams, 2006; Wu, 2002). He was roundly criticized in the popular press for buying into the historical social elevation of multiracial African Americans and rejecting a communal African American identity (Black America and Tiger’s Dilemma, 1997; Nordlinger, 2002).

His supporters, such as conservative republican Thomas Petri, sponsor of the so-called Tiger Woods Bill (1997), did not help Woods’ reputation with civil rights groups. The bill called for the inclusion of a “multiracial” category on the census and was opposed by organizations such as the NAACP (National Association for the Advancement of Colored People) and National Asian Pacific American Legal Consortium. They argued that the new category would undercount legally recognized racial groups resulting in less political power and fewer resources for those groups. The debate, now aligned along a left-right axis, deepened the divide between a conservative, colorblind, embrace of the term Cablinasian and a race-conscious, civil rights-based, rejection of Woods.

Academic treatments of Woods have also been highly critical of his use of the term Cablinasian. Whether primarily grounding their arguments in the public policy implication of the term (Hernandez, 2003; Spencer, 2003; Wu, 2002) or in media representations of both Woods and the controversy (Billings, 2003; Cashmore, 2008; Dagbovie, 2007; Houck, 2006; Palumbo-Liu, 1999; Yu, 2003), they argue that the term ultimately concedes to a colorblind worldview. The media critics point out Woods’ own apolitical indifference to social issues and document the ways in which his celebrity persona affirms the liberal individualist ideology of a U.S. society “beyond race.”

Rather than reiterate arguments about the way Woods represents and reflects prevailing views of race, a topic that has been covered so convincingly and so well by the scholars cited above, I propose an alternative framing of the issue. Conceived as a complement to rather than a replacement of more traditional communication approaches to the Tiger Woods phenomenon, this analysis will center on the term Cablinasian. It argues for the possibilities of an alternative and contestatory language of multiracial nomenclature, shifting the critique away from Woods’ celebrity or politics and toward the legal history and rhetorical potential of the word itself.

Contextualizing the term within a longer history and broader social context makes clear the relationship between colorblind rhetoric, multiracial naming, and the race-based inequalities often hidden by both. Through a comparative reading of two attempts to legally define racial categories, the dissenting opinion of Plessy v. Ferguson (1896) and the congressional hearings on the failed Tiger Woods Bill (1997), I trace the rarely acknowledged exploitation of Asians in constructions of both multiraciality and colorblindness in the United States. The deliberate choice of two unsuccessful bids to alter racial language highlights challenges the bills posed to prevailing racial norms. Neither became law, but in their moment of rupture with a “common sense” racial order, they enable us to perceive race as an order.

This article, therefore, is a case study of the term Cablinasian linking together early and more current narratives of multiraciality and makes a case for Cablinasian as a method of critique. For the purpose of this article, the term functions as an exemplary approach to multiracial naming rather than an idiosyncratic solution. Its significance is not as a singular and specific word but in the possibilities it presents for reconceiving the way we name racial allegiances and understand racial identities. When used as a critical tool, Cablinasian presents a challenge to racial categories by making visible multiple racial allegiances rather than reverting to a celebration of colorblindness…

Read or purchase the article here.

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We as Freemen: Plessy v. Ferguson

Posted in Books, History, Law, Louisiana, Media Archive, Monographs, United States on 2012-02-26 21:35Z by Steven

We as Freemen: Plessy v. Ferguson

Pelican Publishing Company
2003
176 pages
5½ x 8½
20 photos – Notes – Index
ISBN: 1-58980-120-2
EAN: 978-1-58980-120-2 hc

Keith Weldon Medley

In June 1892, a thirty-year-old shoemaker named Homer Plessy bought a first-class railway ticket from his native New Orleans to Covington, north of Lake Pontchartrain. The two-hour trip had hardly begun when Plessy was arrested and removed from the train. Though Homer Plessy was born a free man of color and enjoyed relative equality while growing up in Reconstruction-era New Orleans, by 1890 he could no longer ride in the same carriage with white passengers. Plessy’s act of civil disobedience was designed to test the constitutionality of the Separate Car Act, one of the many Jim Crow laws that threatened the freedoms gained by blacks after the Civil War. This largely forgotten case mandated separate-but-equal treatment and established segregation as the law of the land. It would be fifty-eight years before this ruling was reversed by Brown v. Board of Education.

Keith Weldon Medley brings to life the players in this landmark trial, from the crusading black columnist Rodolphe Desdunes and the other members of the Comité des Citoyens to Albion W. Tourgee, the outspoken writer who represented Plessy, to John Ferguson, a reformist carpetbagger who nonetheless felt that he had to judge Plessy guilty.

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Hypodescent: A history of the crystallization of the one-drop rule in the United States, 1880-1940

Posted in Dissertations, History, Law, Media Archive, Social Science, United States on 2011-12-30 19:41Z by Steven

Hypodescent: A history of the crystallization of the one-drop rule in the United States, 1880-1940

Princeton University
September 2011
383 pages
Publication Number: AAT 3480237
ISBN: 9781124939179

Scott Leon Washington

A DISSERTATION PRESENTED TO THE FACULTY OF PRINCETON UNIVERSITY IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY RECOMMENDED FOR ACCEPTANCE BY THE DEPARTMENT OF SOCIOLOGY

This dissertation examines the crystallization of the one-drop rule in the United States between 1880 and 1940. The “one-drop rule” is a colloquial expression, a phrase which reflects the belief that a person bearing a trace of African ancestry (literally, a single drop of black or Negro “blood”) is black. Historians and social scientists have tended to assume that, as a principle of classification, the one-drop rule can be traced back to the institution of slavery. This study provides a different account. Using a variety of methods, it attempts to explain how the one-drop rule developed, when it became institutionalized, and why. It also adopts a new approach to the study of race, ethnicity, and nationalism, an approach based largely although by no means exclusively on the work of Pierre Bourdieu. The study in its present form has been limited to five chapters. Chapter One explores the origins and development of the one-drop rule, while Chapter Two provides a detailed reading of the case of Plessy v. Ferguson. Chapter Three provides a quantitative account of the country’s history of anti-miscegenation legislation, while Chapter Four examines the role lynching played in the South as a means of social demarcation. The study ends in Chapter Five with a brief synopsis, an inquiry into the relationship between slavery and democracy, and a nonpartisan look at the legacy of the one-drop rule.

Contents

  • Abstract
  • Maps and Figures
  • Tables
  • Preface
  • Acknowledgements
  • I. Introduction: A Prehistory of the Present
    • 1.1. An American Anomaly
    • 1.2. The Origins and Development of the One-Drop Rule
    • 1.3. An Outline of the Argument
    • 1.4. Words about Words
    • 1.5. References
  • II. The Blood of Homer Plessy
    • 2.1. Introduction
    • 2.2. Digression: The Virtues of Virtual History
    • 2.3. The Wider Context
    • 2.4. Plessy v. Ferguson: Background Information
    • 2.5. The Tourgée Brief
    • 2.6. The Majority Opinion
    • 2.7. Counterfactual Scenario
    • 2.8. Plausibility Defense
    • 2.9. Conclusion
    • 2.10. References
  • III. Crossing the Line
    • 3.1. Introduction
    • 3.2. A Brief History of Laws Prohibiting Interracial Sex and Marriage
    • 3.3. Trends in Anti-Miscegenation Activity
    • 3.4. Data and Methods
    • 3.5. Results
    • 3.6. Discussion
    • 3.7. Conclusion
    • 3.8. References
    • 3.9. Appendix
  • IV. The Killing Fields Revisited: Lynching and Anti-Miscegenation Legislation in the Jim Crow South, 1882-1930
    • 4.1. Introduction
    • 4.2. Lynching: Background Information
    • 4.3. Anti-Miscegenation Legislation: Background Information
    • 4.4. The Strange Career of Judge Lynch: A Review of the Literature
    • 4.5. Data and Methods
    • 4.6. Results
    • 4.7. Discussion
    • 4.8. Conclusion
    • 4.9. References
  • V. Conclusion: The Legacy of the One-Drop Rule
    • 5.1. Permanence and Change
    • 5.2. Synopsis
    • 5.3. Slavery and Democracy
    • 5.4. A Final Note
    • 5.5. References

Maps and Figures

  • 3.1A. Colonies Prohibiting Interracial Sex or Marriage, 1776
  • 3.1B. States and Territories, Prohibiting Interracial Sex or Marriage, 1861
  • 3.1C. States and Territories, Prohibiting Interracial Sex or Marriage, 1877
  • 3.1D. States Prohibiting Interracial Sex or Marriage, 1938
  • 3.1E. States Prohibiting Interracial Sex or Marriage, 1967
  • 3.2A. Anti-Miscegenation Activity, 1619-2000
  • 3.2B. Anti-Miscegenation Activity, Excluding Significant Cases, 1619-2000
  • 3.3A. Anti-Miscegenation Bills Defeated, 1913
  • 3.3B. Anti-Miscegenation Bills Defeated, 1927
  • 3.4A. Statutory Definitions, 1861
  • 3.4B. Statutory Definitions, 1877
  • 3.4C. Statutory Definitions, 1938
  • 3.5A. Statutory Penalties, 1861
  • 3.5B. Statutory Penalties, 1877
  • 3.5C. Statutory Penalties, 1938
  • 3.6. Punishments Against Secondary Parties, 1938
  • 3.7. Racial Coverage of Laws Prohibiting Miscegenation, 1938
  • 3.8. Appellate Litigation Concerning Definitions of Race, 1776-2000
  • 3.9A-G. Severity of Definitions, 1880-1940
  • 3.10A-G. Severity of Penalties, 1880-1940
  • 4.1. Lynching and Anti-Miscegenation Legislation in the Jim Crow South, 1882-1930
  • 4.2. Lynching and Anti-Miscegenation Legislation in the Jim Crow South, Integrated Trends, 1882-1930
  • 4.3. The Moving Effects of Anti-Miscegenation Activity and the Constant Dollar Price for Cotton, 1882-1930
  • 5.1. Percent of Americans Marrying Out of Race, 1970-2000
  • 5.2A. Percent of Whites Marrying Out of Race, 1880-2000
  • 5.2B. Percent of Blacks Marrying Out of Race, 1880-2000
  • 5.3A. Percent of Whites Marrying Out of Race, Adjusting for Relative Numbers in the Population, 1880-2000
  • 5.3B. Percent of Blacks Marrying Out of Race, Adjusting for Relative Numbers in the Population, 1880-2000
  • 5.4. Percent within Categories Reporting Two or More Races, 2000

TABLES

  • 1.1. The Longue Durée of the One-Drop Rule, 1619-2000
  • 3.1. Percent of Colonies, Territories, and States Prohibiting Interracial Sex or Marriage, 1776-1967
  • 3.2A. Anti-Miscegenation Activity, 1619-2000
  • 3.2B. Anti-Miscegenation Activity, Excluding Significant Cases, 1619-2000
  • 3.3A. Average Severity of Definitions, 1861, 1877, 1938
  • 3.3B. Average Severity of Definitions, Excluding States without Definitions, 1861, 1877, 1938
  • 3.4A. Average Severity of Penalties, 1861, 1877, 1938
  • 3.4B. Average Severity of Penalties, Excluding States without Penalties, 1861, 1877, 1938
  • 3.5. Expected Relationships
  • 3.6. ARMA (1,1) Regression of Anti-Miscegenation Activity on Selected Variables
  • 3.7. ARMA (1,1) Regression of Severity of Definitions on Selected Variables
  • 3.8. ARMA (1,1) Regression of Severity of Penalties on Selected Variables
  • 3.9. Racial Categories Used by the United States Census Bureau, 1880-1940
  • 3.10. Growth of the Decennial Census, 1880-1940
  • 3.11A. Significant Cases, 1810-1894
  • 3.11B. Significant Cases, 1895-1972
  • 4.1. ARMA (1,1,1) Regression of Black Lynchings on Selected Variables
  • 4.2. ARMA (1,1) Regression of Black Lynchings on Selected Variables
  • 4.3. The Impact of Anti-Miscegenation Activity and the Market for Southern Cotton Before and After 1900
  • 5.1. Percent of Americans Marrying Out of Race, 1970-2000
  • 5.2. Black-White Intermarriage Rates, 1970-2000
  • 5.3. Total Population by Number of Races Reported, 2000
  • 5.4. Percent within Categories Reporting Two or More Races, 2000
  • 5.5. Multiple-Race Population, 2000

Purchase the dissertation here.

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One ‘Speck’ of Imperfection—Invisible blackness and the one-drop rule: An interdisciplinary approach to examining Plessy v. Ferguson and Jane Doe v. State of Louisiana

Posted in Dissertations, History, Law, Louisiana, Media Archive, United States on 2011-12-07 17:36Z by Steven

One ‘Speck’ of Imperfection—Invisible blackness and the one-drop rule: An interdisciplinary approach to examining Plessy v. Ferguson and Jane Doe v. State of Louisiana

Indiana University
2008
371 pages
Publication Number: AAT 3315914
ISBN: 9780549675372

Erica Faye Cooper

Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Doctor of Philosophy

By 1920 virtually every state legislature had adopted “one-drop” laws. These laws were important because they served as the means for determining racial identity in the United States throughout the 20th century. In the past, scholars focus on either the social or legal history of the one-drop rule. Despite the exhaustive social and legal historical accounts, I argue that the “history” of the one-drop rule is incomplete without a rhetorical history. My findings suggest that a rhetorical history of the one-drop rule is vital because it explores how the doctrine emerged in legal and social discourse. In addition, a rhetorical history also uncovers the persuasive strategies used by rhetors to reinforce racist ideology.

In this dissertation, I found that the one-drop rule occupied a significant role in judicial rhetoric through the persuasive strategies of judicial actors—court justices and lawyers. I revealed that their language choices created a pseudo “racial” reality that was characterized by a rigid black-white racial binary. This “false” reality functioned persuasively to obscure the racial diversity that actually existed in the United States during specific moments in time. Using Critical Race Theory from legal studies and McGee’s notion of the “ideograph” from critical rhetorical theory, I examined the U.S. Supreme Court’s holding in Plessy v. Ferguson (1896) and the Court of Appeals’ holding in Jane Doe v. State of Louisiana (1985). My findings show that such terms as “white,” “black,” and the “one-drop rule” were used by lawyers and court justices in disputes involving racial identity and legal rights beginning in 1896. In both cases, the one-drop ideograph dominated discussions regarding who was “black” or “white.” Based on its ideographic relationship with the one-drop rule, “black” was defined to include mixed and unmixed blacks as well as whites. Within this ideographic analysis, I describe how the notion of invisible blackness was rhetorically constructed from the language used by the court. The one-drop rule continues to influence legislation and social attitudes.

Table of Contents

  • Chapter 1
    • Introduction to Problem
    • Justifying for Research and Statement of Purpose
    • Research Questions, Methods, and Overview
      • Methods: Case Analysis
      • Preview of Chapters
  • Chapter 2
    • Socio-Cultural history
    • Definition of the one-drop rule
      • Rationales for why the one-drop rule emerge
      • The One-Drop Rule Today
      • Summary
    • Legal History
      • Emergence of the Color Line in the law
      • Summary
    • Prior Analyses of the Plessy and Phipps decisions
    • Conclusion
  • Chapter 3
    • The Coming
      • Social Context: Racial Identity in Post-Bellum Louisiana
      • Legal Context
      • Introduction to Plessy
      • Summary
    • The ideographs
      • Plessy and Ferguson Briefs
      • Supreme Court Response
    • Rhetorical Implications
  • Chapter 4
    • The Coming
      • Socio-Cultural Context
      • Summary of the Socio-Legal Context
      • Who is Suzy Phipps?
    • The ideographs
      • Phipps Briefs
      • The Judicial Responses
      • Summary
    • Rhetorical Implications
  • Chapter 5
    • Summary and Findings
    • Implications
    • Conclusions
  • Cases and Legislative Acts
  • References
  • Vitae

INTRODUCTION TO THE INVISIBLITY OF BLACKNESS: THE ONE DROP RULE AS A RHETORICAL CONSTRUCT

In the 1990s, a popular figure, Tiger Woods, attempted to claim an intermediate racial status by embracing his mixed race lineage. Woods, whose mother is Thai and whose father is Native American, African American, Caucasian, and Chinese, publicly refused the label of black. Woods created the term, “Cablinasian” to reflect his Caucasian, Native American, black, and Asian ancestry. Although many supported his attempts to embrace a multi-racial heritage, the doctrine known as the “one-drop-rule” shaped public opinion on the subject of his racial identity. The one-drop rule, also known as the rule of hypo-descent, recognizes a person as “black” if she possesses any trace of African ancestry.

After winning a Master’s Tournament, fellow golfer Fuzzy Zoeller’s responses to Tiger Woods reflected one-drop reasoning and racist thinking. Zoeller stated, “he hoped that Woods would not request that dinner consist of ‘fried chicken and black-eye peas’.” Zoeller assumes that because Woods’s father is partly “black” Woods must also be black. In this one-drop argument, the presence of other “blood lines” is irrelevant. Zoeller’s statement also supported a stereotype of black people, suggesting that all members of a group behavior the same. The stereotype is also racist because of the image of blacks eating fried chicken and/or watermelon supported white supremacist beliefs.3 Despite Woods’ attempt to embrace his ethnic and racially diverse heritage, some people continued to define him as black. In essence, this example illustrates how the doctrine known as the “one-drop rule” shapes contemporary public thought on matters involving race.

Although the one-drop rule has been studied by scholars in various disciplines, none have focused on how the one-drop rule operates rhetorically. Instead, scholars have traced its history or commented on how it influenced the formation of racial identity in the United States. In this dissertation, I offer a different perspective to understanding the significance of the one-drop rule by analyzing how this doctrine operates rhetorically in legal discourse. Through a rhetorical history of the doctrine I show how the one-drop rule becomes legally sanctioned through rhetorical commitments of court justices. I argue that one-drop reasoning serves as a persuasive strategy, used by court justices, operating as rhetors, in 1896 and 1985, to promote a commitment to racism.

Using, McGee’s theory of the ideograph, from Critical Rhetorical Theory, and Critical Race Theory, from legal studies, I reveal how race (Negro, mixed race, and white) is an integral component of legal discourse. Through this analysis I explore the relationship between racial identity, rhetoric, and power in legal discourse. The manner in which race is rhetorically defined in legal discourse highlights the racist nature of traditional legal theory and contributes to a racial hierarchy that is enforced through the law. Taking a critical rhetorical and legal approach, I believe, provides useful information to the on-going discussion of racial identity and the one-drop rule in rhetorical and legal studies…

Purchase the dissertation here.

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Plessy and Ferguson unveil plaque today marking their ancestors’ actions

Posted in Articles, History, Law, Louisiana, Media Archive on 2011-05-31 02:25Z by Steven

Plessy and Ferguson unveil plaque today marking their ancestors’ actions

New Orleans Times-Picayune
2009-02-11

Katy Reckdahl

Today, Plessy versus Ferguson becomes Plessy and Ferguson, when descendants of opposing parties in the landmark U.S. Supreme Court segregation case stand together to unveil a plaque at the former site of the Press Street Railroad Yards.

Standing behind Keith Plessy and Phoebe Ferguson will be a large group of students, scholars, officials and activists who worked for years to honor the site where in 1892, Tremé shoemaker Homer Plessy, a light-skinned black man, was arrested for sitting in a railway car reserved for white people.

People often think that his ancestor held some responsibility for the legalized segregation known as “separate but equal, ” said Keith Plessy, 52, a longtime New Orleans hotel bellman whose great-grandfather was Homer Plessy’s first cousin. In actuality, Homer Plessy boarded that train as part of a carefully orchestrated effort to create a civil-rights test case, to fight the proliferation of segregationist laws in the South…

…Plessy, born in 1863 on St. Patrick’s Day, grew up at a time when black people in New Orleans could marry whomever they chose, sit in any streetcar seat, and attend integrated schools, Medley said. But as an adult, those gains from the Reconstruction era eroded.
 
On any other day in 1892, Plessy could have ridden in the car restricted to white passengers without notice. According to the parlance of the time, he was classified “7/8 white.”
 
In order to pose a clear test to the state’s 1890 separate-car law, the Citizens’ Committee in advance notified the railroad—which had opposed the law because it required adding more cars to its trains.
 
On June 7, 1892, Plessy bought a first-class ticket for the commuter train that ran to Covington, sat down in the car for white riders only and the conductor asked whether he was a colored man, Medley said. The committee also hired a private detective with arrest powers to take Plessy off the train at Press and Royal streets, to ensure that he was charged with violating the state’s separate-car law.
 
Everything the committee plotted went as planned—except for the final court decision, in 1896. By then the composition of the U.S. Supreme Court had gained a more segregationist tilt, and the committee knew it would likely lose. But it chose to press the cause anyway, Medley said. “It was a matter of honor for them, that they fight this to the very end.”…

…”You don’t know American history until you know Louisiana history, ” Plessy said…

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Impurely Raced // Purely Erased: Toward a Rhetorical Theory of (Bi)Racial Passing

Posted in Dissertations, Literary/Artistic Criticism, Media Archive, Passing, United States on 2011-05-21 02:31Z by Steven

Impurely Raced // Purely Erased: Toward a Rhetorical Theory of (Bi)Racial Passing

University of Southern California
May 2009
348 pages

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (COMMUNICATION)

This dissertation develops a theory about the interrelations between mixed race identification and passing as they pertain to the field of rhetoric and to United States slavery and segregation settings. I introduce the concept of (bi)racial passing to argue that passing is a form of rhetoric that identifies and represents passers intersectionally via synecdoche. In Chapter One I introduce the rhetorical, cultural, and conceptual significances of passing based on a review of the literature. I introduce the central argument of the project by proposing a theory of (bi)racial passing that considers the problems and possibilities of mixed race representation and mobility as a bridge between Platonic episteme and Sophistic doxa as well as between the material and symbolic components of biracial categorization. Chapter Two considers the historical narrative of Ellen Craft at the intersection of synecdoche and irony to highlight and transgress real and imagined borders that stretch beyond a simple consideration of race. Taking up the issue of appropriation through a detailed critique of the Supreme Court case Plessy v. Ferguson, my third chapter considers passing as an antecedent form of identity theft and as a form of resistance. In contrast to the cases examined in these chapters, my fourth chapter explores Harper’s Iola Leroy, as a fictional account of passing that ties synecdoche to eloquence, articulating the tension between the threat of passing contained in the Plessy ruling and its relation to contemporary attempts at measuring discrimination at the intersection of race, class, and gender.

My fifth chapter takes a turn by exploring the literary and cinematic versions of The Human Stain, as contemporary narratives of passing based on tragedy and synecdoche in the context of minstrel performance and Jim and Jane Crow segregation. My last chapter fleshes out the theory introduced in the first, working toward a theory of (bi)racial passing that rethinks inadequate dichotomies of episteme vs. doxa as well as white vs. black. Then, blending the critical race theory of intersectionality with rhetorical personae I explain the significances of synecdoche, metonymy, irony, appropriation, eloquence, and tragedy in the various instances of passing explored. At a theoretical level, I rethink the inadequate dichotomies of episteme vs. doxa as well as white vs. black. I conclude with a rhetorical theory of passing based on the fourth persona and six original passwords that present opportunities for future research.

TABLE OF CONTENTS

  • Epigraph
  • Acknowledgments
  • Abstract
  • Chapter One: Running Along the Color Line: Racial Passing and the Problem of Mixed Race Identity
  • Chapter One References
  • Chapter Two: The “Craft” of Passing: Rhetorical Irony, Intersectionality and the Case of Ellen Craft
  • Chapter Two References
  • Chapter Three: “Membership Has Its Privileges:” Plessy’s Passing and the Threat of Identity Theft
  • Chapter Three References
  • Chapter Four: “She Was Above All Sincere:” (Bi)racial Passing and Rhetorical Eloquence in Iola Leroy
  • Chapter Four References
  • Chapter Five: “A Crow that Doesn’t Know How to Be a Crow:” Reading The Human Stain and Racial Passing from Text to Film
  • Chapter Five References
  • Chapter Six: Things Said in Passing: Toward a Rhetorical: Theory of (Bi)Racial Passing
  • Chapter Six References
  • Bibliography

LIST OF FIGURES

  • Figure 1: Rev. Rafael Matos Sr
  • Figure 2: “The New Eve”
  • Figure 3: Dramatic Theater of Passing
  • Figure 4: Ellen Craft in Plain Clothes
  • Figure 5: Ellen Craft as Mr. Johnson
  • Figure 6: D. F. Desdunes
  • Figure 7: Homer A. Plessy
  • Figure 8: Hopkins as Elder Silk
  • Figure 9: Miller as Younger Silk
  • Figure 10: Rhetorical Intersections of Passing
  • Figure 11: Dramatic Theater of Passing as Rhetorical and Intersectional
  • Figure 12: Layers of Meaning: The Dramatic and Tropological Roots of (Bi)racial Passing
  • Figure 13: Neoclassical Elements of Passing
  • Figure 14: The Truths of (Bi)racial Passing
  • Figure 15: (Bi)racial Passing as Material and Symbolic

Read the entire dissertation here.

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