Monday, March 07, 2011

Hiding in Plain Sight: Brown v. Mississippi

I'm taking a second look at that Herald Tribune from my natal day, February 18, 1936. And here it is, right before my eyes, one of the great inflection points of the (early) civil rights movement--Brown v. Mississippi, holding that torture is a violation of due process. Or as the HT says:
Highest Court
Saves 3 "Tried"
By Flogging
Justice Hughes, per the HT
referred to testimony that confessions were obtained by hanging one of the Negroes from a tree for a time and whipping the others while naked with a leather strap with buckles on it.  A deputy sheriff was alleged to have been present both times, with two other officers present at the whipping."
 Unlike the TVA case, this time even Justice McReynolds--surely the most conservative member of a still conservative court--signed on.  "Trial by flogging" was too much for the anchor man.  be interesting to know how Justice Clarence Thomas would evaluate the same issue.

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