The Two Browns: Policy Implementation and the Retrenchment of Brown v. Board of Education

Abstract

The colorblind individualism that pervades American politics and society keeps schools segregated although Americans support integrated public education. While the 1954 US Supreme Court decision Brown v. Board of Education has never been overruled, later cases and policies have encouraged its retrenchment. We argue in this multi-disciplinary review of published literature that there are two different versions of Brown—the iconic, pro-integration symbol supported by most Americans, and a formal, juridical requirement that permits continued school segregation. The formal, juridical Brown is supported by the implementation of multiple educational policies, particularly neighborhood schools, magnet schools, and charter schools, all built on the firm belief that there is no violation of Brown. Rather than promoting a vision of Brown that champions a strong integration goal, these policies bolster the second interpretation of Brown: one that allows segregation to occur, so long as it is not outwardly deliberate.