The Brown Decision was released by the U.S. Supreme Court on May 17, 1954, precisely sixty-nine years ago. It was a historic decision in many ways. It was the beginning of the end of de jure segregation in every aspect of American society. Of course, de facto segregation persists in schools, housing, and in many aspects of life. It would have been impossible to imagine in 1954 that the nation would elect a Black man as President in 2008 and again in 2012.
The decision was unanimous. America could not claim to be a nation of freedom, liberty, democracy, and equality when people of color were excluded from full participation in every aspect of public life and walled off from the mainstream of American society in their private lives. Segregation and discrimination were hallmarks of the American way. Black people were not only restricted in the right to vote, were not only underrepresented in legislatures and other decision-making bodies, but were excluded from restaurants, hotels, movie theaters, public transport, public beaches, and from all other places of public accommodation, as well as private commerce. Segregation was imposed by law in the South and some border states, and by custom in northern, western, and midwestern states.
The Brown Decision struck a blow against this cruel reign of prejudice and bigotry in American life. We are far, very far, from fulfilling the promise of the Brown Decision. To make progress, we must be willing to look deeply into the roots of systemic racism and dismantle the structures that condemn disproportionate numbers of Black families to live in poverty and in segregated neighborhoods. A number of Republican-led states have made such inquiries illegal.
The present movement for vouchers, which is strongest in Republican-dominated states, will not move us closer to the egalitarian goals of the Brown Decision. Vouchers are inherently a divisive concept. They encourage people to congregate with people just like themselves. Heightened segregation along lines of race, religion, social class, and ethnicity are a predictable result of vouchers.
The voucher movement began as a hostile response to the Brown decision, led by racist governors, members of Congress, legislatures, White Citizens Councils, parents who did not want their children to attend schools with Black children, and white supremacists who wanted to protect their “way of life.” They refused to comply with the Supreme Court decision. They called Earl Warren a Communist. They engaged in “massive resistance.” They quickly figured out that they could fund private academies for whites only, and some Southern states did. And they figured out that they could offer “vouchers” or “scholarships” to white students to attend white private and religious schools.
I recommend three books about the history of the ties between segregationists, the religious right, and vouchers. I reviewed all three in an article called “The Dark History of School Choice” in The New York Review of Books. Although it is behind a paywall, you can read one article for free or subscribe for a modest fee.
The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, by Katherine Stewart
Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement, by Steve Suitts
Schoolhouse Burning: Public Education and the Assault on American Democracy, by Derek W. Black
In addition, I recommend Nancy MacLean’s superb Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America. It links the voucher moment to the Koch brothers and other libertarians, including Milton Friedman. I reviewed it in the same journal. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University.
Nancy MacLean wrote the following article for The Washington Post nearly two years ago. In the past two years, the voucher movement has gained even more ground in Republican-dominated states. If it is behind a paywall, you can read it here.
She wrote:
The year 2021 has proved a landmark for the “school choice” cause — a movement committed to the idea of providing public money for parents to use to pay for private schooling.
Republican control of a majority of state legislatures, combined with pandemic learning disruptions, set the stage for multiple victories. Seven states have created new school choice programs, and 11 others have expanded current programs through laws that offer taxpayer-funded vouchers for private schooling and authorize tax credits and educational savings accounts that incentivize parents moving their children out of public schools.
On its face, this new legislation may sound like a win for families seeking more school options. But the roots of the school choice movement are more sinister.
White Southerners first fought for “freedom of choice” in the mid-1950s as a means of defying the U.S. Supreme Court’s 1954 Brown v. Board of Education decision, which mandated the desegregation of public schools. Their goal was to create pathways for White families to remove their children from classrooms facing integration.
Prominent libertarians then took advantage of this idea, seeing it not only as a means of providing private options, but also as a tool in their crusade to dismantle public schools altogether. This history reveals that rather than giving families more school options, school choice became a tool intended to give most families far fewer in the end.
School choice had its roots in a crucial detail of the Brown decision: The ruling only applied to public schools. White Southerners viewed this as a loophole for evading desegregated schools.
In 1955 and 1956, conservative White leaders in Virginia devised a regionwide strategy of “massive resistance” to the high court’s desegregation mandate that hinged on state-funded school vouchers. The State Board of Education provided vouchers, then called tuition grants, of $250 ($2,514 in 2021 dollars) to parents who wanted to keep their children from attending integrated schools. The resistance leaders understood that most Southern White families could not afford private school tuition — and many who could afford it lacked the ideological commitment to segregation to justify the cost. The vouchers, combined with private donations to the new schools in counties facing desegregation mandates, would enable all but a handful of the poorest Whites to evade compliance.
Other Southern states soon adopted voucher programs like the one in Virginia to facilitate the creation of private schools called “segregation academies,” despite opposition from Black families and civil rights leaders. Oliver Hill, an NAACP attorney key to the Virginia case against “separate but equal” education that was folded into Brown, explained their position this way: “No one in a democratic society has a right to have his private prejudices financed at public expense.”
Despite such objections, key conservative and libertarian thinkers and foundations, including economists Milton Friedman and Friedrich Hayek, Human Events editor Felix Morley and publisher Henry Regnery, backed the White Southern cause. They recognized that White Southerners’ push for “freedom of choice” presented an opportunity to advance their goal of privatizing government services and resources, starting with primary and secondary education. They barely, if ever, addressed racism and segregation; instead, they spoke of freedom (implicitly, White freedom).
Friedman began promoting “educational freedom” in 1955, just as Southern states prepared to resist Brown. And he praised the Virginia voucher plan in his 1962 book, “Capitalism and Freedom,” holding it up as a model for school choice everywhere. “Whether the school is integrated or not,” he wrote, should have no bearing on eligibility for the vouchers. In other words, he knew the program was designed to fund segregation academies and saw it as no barrier to receiving state financing.
Friedman was far from alone. His fellow libertarians, including those on the staff of the William Volker Fund, a leading funder on the right, saw no problem with state governments providing tax subsidies to White families who chose segregation academies, even as these states disenfranchised Black voters, blocking them from having a say in these policies.
Libertarians understood that while abolishing the social safety net and other policies constructed during the Progressive era and the New Deal was wildly unpopular, even among White Southerners, school choice could win converts.
These conservative and libertarian thinkers offered up ostensibly race-neutral arguments in favor of the tax subsidies for private schooling sought by white supremacists. In doing so, they taught defenders of segregation a crucial new tactic — abandon overtly racist rationales and instead tout liberty, competition and market choice while embracing an anti-government stance. These race-neutral rationales for private school subsidies gave segregationists a justification that could survive court review — and did, for more than a decade before the Supreme Court ruled them unconstitutional.
When challenged, Friedman and his allies denied that they were motivated by racial bigotry. Yet, they had enough in common ideologically with the segregationists for the partnership to work. Both groups placed a premium on the liberty of those who had long profited from white-supremacist policies and sought to shield their freedom of action from the courts, liberal government policies and civil rights activists.
Crucially, freedom wasn’t the ultimate goal for either group of voucher supporters. White Southerners wielded colorblind language about freedom of choice to help preserve racial segregation and to keep Black children from schools with more resources.
Friedman, too, was interested in far more than school choice. He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.
Friedman first articulated this outlook in his 1955 manifesto, but he clung to it for half a century, explaining in 2004, “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.” Four months before his death in 2006, when he spoke to a meeting of the conservative American Legislative Exchange Council (ALEC), he was especially frank. Addressing how to give parents control of their children’s education, Friedman said, “The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”
Today, the ultrawealthy backers of school choice are cagey about this long-term goal, knowing that care is required to win the support of parents who want the best for their children. Indeed, in a sad irony, decades after helping to impede Brown’s implementation, school choice advocates on the right targeted families of color for what one libertarian legal strategist called “forging nontraditional alliances.” They won over some parents of color, who came to see vouchers and charter schools as a way to escape the racial and class inequalities that stemmed from White flight out of urban centers and the Supreme Court’s willingness to allow White Americans to avoid integrating schools.
But the history behind vouchers reveals that the rhetoric of “choice” and “freedom” stands in stark contrast to the real goals sought by conservative and libertarian advocates. The system they dream of would produce staggering inequalities, far more severe than the disparities that already exist today. Wealthy and upper-middle-class families would have their pick of schools, while those with far fewer resources — disproportionately families of color — might struggle to pay to educate their children, leaving them with far fewer options or dependent on private charity. Instead of offering an improvement over underfunded schools, school choice might lead to something far worse.
As Maya Angelou wisely counseled in another context, “When people show you who they are, believe them the first time.” If we fail to recognize the right’s true end game for public education, it could soon be too late to reverse course.
Update: According to Future-Ed, citing pro-voucher EdChoice (which used to be the Milton and Rose Friedman Foundation), “Currently, 32 states provide an estimated $4 billion in subsidies to some 690,000 students through tuition vouchers, education savings accounts, and tax-credit scholarships.” Several Republican-led states are considering or have already universal vouchers, which would subsidize the tuition of all students in private schools, including the children of wealthy families. Currently, most students who use vouchers were already enrolled in private and religious schools. In one state alone, Florida, the added cost of vouchers might be as much as $4 billion a year, just for the children already in private schools.
