The Promises of the Constitution
| “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
–The First Amendment to the United States Constitution |
The Constitution says that it is every American’s right to protest peacefully in order to change laws that bring harm in any way. The success of the boycott in Montgomery proved that it was possible to change unjust laws and promote equality without the use of violence. Urged on by this success, Dr. King and other civil rights leaders decided to continue the fight against segregation in other cities.
Think about it:
- Why do you think the United States Constitution says that Americans are allowed to protest against the government? Do you think it is un-American to say you don’t agree with something that the government is doing? Or do you think that protesting is an American thing to do?
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People Sit for Their Beliefs
The city of Birmingham, Alabama, was the largest industrial city in the south, and it was highly segregated. For example, people in Birmingham liked to have a quick sandwich or soda at one of the city’s lunch counters. Blacks were not allowed in the white lunch counters. To protest this law, Dr. King led a series of sit-ins. In a sit-in, black and white people would calmly enter white-designated businesses, such as libraries and lunch counters, and they would sit for hours and hours to draw attention to their cause. Even though these sit-ins were nonviolent, it was still against the law for a black person to enter a white-designated business, so the police arrested the protesters.
Think about it:
- On the one hand, every American has the right to protest, but on the other hand, every American must also follow the laws that their city sets forth. Do you think it was right for the sit-in protesters to have been arrested?
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The Power of Peaceful Protest
The people of Birmingham surprised the world, because they stayed peaceful and allowed themselves to be arrested. If the protesters had been violent, then the world would have just been angry. Instead, the protesters were not violent, so these sit-ins painted a clear picture of segregation to the whole country. This picture showed how people’s rights were being denied and showed a city torn apart by segregation.
Think about it:
- Imagine two protests in the town where you live, one of them peaceful and one of them violent. Which one do you think would get more reports on the internet, TV, and newspaper? What would these reports sound like? Which one do you think would help to change the laws?
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Dr. King Goes to Jail
As the protests in Birmingham continued, Dr. King led more sit-ins, and also arranged marches down the streets of Birmingham. Dr. King and his friends told the government of Birmingham that these would continue until the city was desegregated. The government of Birmingham did not want to give in to the protester’s demands, so it declared the marches illegal. Despite the threat of going to jail for his marches, Dr. King refused to stop his protests. He believed that equality and justice were worth going to jail for.
On April 12, 1963, Dr. King led a march down the streets of Birmingham, and he was arrested. While he was in jail, he wrote his famous “Letter from Birmingham Jail” on scraps of paper and the margins of newspapers. A group of ministers criticized Dr. King for breaking the law and causing so much trouble. In his letter, Dr. King replied that it was his duty to fight against unjust laws. He wrote, “Injustice anywhere is a threat to justice everywhere.”
Think about it:
- Why do you think the ministers wanted Dr. King to stop protesting? Can you think of a different way to change unjust laws, or do you agree with Dr. King?
- What do you think about the quote “Injustice anywhere is a threat to justice everywhere”? Do you agree or disagree?
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The President Takes a Stand
After awhile, the nonviolent protests began to work just as planned. White businesses started to lose a lot of money, and the city gained bad publicity due to the media’s coverage of the marches, sit-ins, and other protests. And, just as Dr. King hoped, President John F. Kennedy expressed his support for the protesters in Birmingham. In a news conference on May 8, 1963, the President said, “all bars to equal opportunity and treatment [must] be removed as promptly as possible.” He called the demands of the black community “justifiable needs” and pledged his support for the protesters in Birmingham.[1]
By the middle of May, there were many steps towards desegregation in Birmingham. The city elected a new mayor, and the businesses of Birmingham agreed to negotiate with the protesters. These business leaders said that they would desegregate the stores and lunch counters, and make more steps towards equality in Birmingham. Unfortunately, not everyone in Birmingham accepted this compromise, and some people were so upset by these negotiations that they responded with violence. King’s brother’s house was bombed, and there were also bombs near the hotel where Dr. King was staying and at a church in Birmingham. This struggle, clearly, was not over. It culminated on August 28, 1963 with the March on Washington for Jobs and Freedom.
Think about it:
- In Letter from Birmingham Jail, Dr. King says “One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.”
- Think about what Dr. King says about breaking an unjust law lovingly. In his day, this entailed boycotts, sit-ins, and marches where he was willing to be arrested. What do you think Dr. King would do to fight injustice today? What issues matter most to you? How would you fight for what matters most to you while still respecting the law?
[1] “Transcript of the President’s News Conference on Domestic and Foreign Affairs,” New York Times, May 9, 1963.
