Although the U.S. Supreme Court decided Brown v. Board of Education nearly 70 years ago, segregation is still a reality in our public schools. But today’s segregation is more subtle. It’s de facto segregation—the days of communities intentionally segregating students are behind us. So they say.

This past February, the U.S. Court of Appeals for the Eleventh Circuit topped a plan to break up an Alabama school system after finding that racial animus motivated the plan and the plan would violate a 1971 desegregation order that still governs the school system. The decision, Stout v. Jefferson County Board of Education, 882 F.3d 988 (11th Cir. 2018), is striking. It details one community’s use of social media to advance a plan to segregate its schools. Jim Crow practices and modern technology collide, collapsing the dichotomy between “then” and “now,” showing that intentional segregation is not merely a vestige of the past.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]