ABSTRACT

All legitimate Negro claims arise from unwarranted discrimination. Discrimination by law, or in public institutions, or by public officials, or even by private persons and means in situations strongly affected with the public interest, is unwarranted if it is irrelevant to the situation or activity at issue, and places a person or group at a material disadvantage. The legal prevention or correction of unwarranted discriminatory acts is often presumed to have an educational effect by reducing or eliminating the prejudice which motivates such acts. Education and propaganda in favor of lawful behavior, and of the moral outlook from which the law springs, facilitate enforcement; but such education can never be the direct or sufficient purpose of criminal law. The external opportunity for acceptance has been created; the presence of Negroes cannot be rejected any longer nor their rights denied.