Civil Rights Act, 1968 (Edexcel A-Level History): Revision Notes
Civil Rights Act, 1968
Context and background
On 4 April 1968, the civil rights movement suffered a devastating blow when Martin Luther King Jr was assassinated at the Lorraine Motel in Memphis, Tennessee. This tragic event sent shockwaves throughout the United States. Just five days later, on 9 April, King's funeral took place in Atlanta, Georgia. The day after his funeral, Congress responded by passing another landmark piece of civil rights legislation—the Civil Rights Act of 1968.
This new Act addressed important aspects of civil rights and racial discrimination that had not been covered by the Civil Rights Act of 1964 or the Voting Rights Act of 1965.
The rapid passage of this legislation—just one day after King's funeral—demonstrated the profound impact of his assassination on the nation's political consciousness and the urgent desire to honor his legacy through meaningful action.
Main provisions of the Civil Rights Act of 1968
The Fair Housing Act
The Civil Rights Act of 1968 is also known as the Fair Housing Act. Its most significant provision was outlawing discrimination in housing. Specifically, the Act made it illegal to discriminate on the basis of colour, race, religion or national origin in the rental or sale of housing. However, there was an important exception: owner-occupied or owner-managed properties were exempt from this requirement.
This housing discrimination issue was particularly significant because it represented de facto racial discrimination—segregation that existed in practice rather than by law. This type of discrimination affected black Americans across the entire country, not just in the South. In fact, housing discrimination had been a major cause of rioting in US cities from 1965 onwards.
Understanding De Facto vs De Jure Segregation
De facto segregation refers to racial separation that exists in practice due to social, economic, or geographical factors—not because of explicit laws. This contrasts with de jure segregation, which is segregation enforced by law. De facto segregation proved much more difficult to address through legislation alone, as it was embedded in demographic patterns and economic structures rather than formal legal codes.
Protection of civil rights
The Act also outlawed racial discrimination in jury selection, ensuring that African Americans could not be systematically excluded from serving on juries.
In broader terms, the Act made it a federal crime to interfere with several fundamental rights on the basis of race or colour:
- Voting
- Employment
- Education
- Participation in federally assisted programmes
Protection for civil rights workers
The Act included important protections for those working to advance civil rights. It protected civil rights workers from violent attacks and intimidation. Additionally, it declared that anyone who travelled across state lines to incite a riot would face serious penalties, including fines and imprisonment.
These protections for civil rights workers were particularly important given the violence that had accompanied the civil rights movement throughout the 1960s. Many activists had faced threats, intimidation, and physical attacks while working to register voters and organize communities.
Limited impact on housing desegregation
Despite its ambitious aims, the Civil Rights Act of 1968 had only a limited impact on actually desegregating housing across the United States. This was largely due to significant demographic changes taking place in American cities.
The phenomenon of 'white flight'
Between 1950 and 1980, the total black population living in US cities grew dramatically from 6.1 million to 15.3 million. During this same period, white populations engaged in what became known as 'white flight'—a mass movement from city centres to suburban areas.
Understanding White Flight
White flight was a demographic phenomenon where white residents, often middle-class families, moved from racially diversifying urban areas to predominantly white suburban communities. This movement was driven by various factors including racial prejudice, perceived declining property values, changes in school demographics, and the appeal of newer suburban developments.
This white flight had several knock-on effects:
- Retail outlets relocated to out-of-town shopping malls
- Businesses moved to out-of-town industrial and business parks
- Inner cities transformed into predominantly black areas with limited economic opportunities
Creation of urban ghettos
As a result of these demographic shifts, inner cities became black ghettos characterised by:
- Poor quality of life
- Very limited job opportunities
- Economic decline
- Continuing segregation
This de facto segregation caused by demographic changes proved extremely difficult to overcome through legislation alone. The housing patterns created by white flight meant that even though discrimination was now illegal, actual integration remained elusive.
The Gap Between Law and Reality
The experience of housing desegregation illustrates a critical limitation of civil rights legislation: laws can prohibit discriminatory practices, but they cannot easily reverse entrenched demographic and economic patterns. Even with legal protections in place, the practical reality of segregated neighborhoods persisted due to economic factors, residential mobility patterns, and systemic inequalities that extended beyond explicit discrimination.
Fair Housing Amendments Act, 1988
Twenty years later, in 1988, Congress attempted to address the ongoing housing discrimination problem again. The Fair Housing Amendments Act expanded protections by prohibiting discrimination in housing based on:
- Disability
- Family status (in addition to race, colour, religion and national origin)
To improve enforcement, the Act established oversight by the Office of Fair Housing and Equal Opportunity, which operated as a subsection of the US Department of Housing and Urban Development (HUD).
The impact of President Johnson
Achievements and advantages
President Lyndon B. Johnson's presidency saw the passage of the most comprehensive civil rights legislation in US history since Reconstruction. In achieving these historic changes, Johnson benefited from several advantages:
Political timing: Johnson benefited from the wave of public sympathy following President Kennedy's assassination in 1963, which created momentum for civil rights reform.
Congressional support: In 1964, Johnson had the advantage of working with the 89th Congress, which was dominated by liberal Democrats from outside the southern states. This meant he was not blocked by the traditional southern opposition to civil rights proposals that had derailed previous efforts.
Historic appointments: Johnson made groundbreaking appointments that demonstrated his commitment to racial equality:
- Robert Weaver became the first black American Cabinet member
- Thurgood Marshall became the first black American US Supreme Court judge
The 89th Congress (1965-1967) is often remembered as one of the most productive in American history. Beyond civil rights legislation, it also passed major laws establishing Medicare, Medicaid, and various "Great Society" programs aimed at reducing poverty and inequality.
Limitations and backlash
However, what began so promisingly in 1964-1965 did not maintain its momentum. Several factors undermined Johnson's civil rights achievements:
Vietnam War opposition
The continuing and increasingly controversial US involvement in the Vietnam War (1965-73) began to alienate many black American leaders. By 1967, even Martin Luther King Jr had come out publicly against US involvement in the war, creating tension between the civil rights movement and the Johnson administration.
King's opposition to the Vietnam War stemmed from multiple concerns: the disproportionate number of black Americans serving in combat roles, the diversion of resources from anti-poverty programs to military spending, and his broader commitment to nonviolence and peace. His famous speech "Beyond Vietnam" delivered at Riverside Church in New York City on 4 April 1967, marked a turning point in his relationship with the Johnson administration.
Southern Democrat backlash
The civil rights legislation triggered a strong backlash from southern Democrats who opposed integration and racial equality. This backlash had significant political consequences.
In the 1968 presidential election, former Alabama governor George Wallace challenged for leadership of the Democratic Party. When he failed to secure the nomination, he ran as the presidential candidate for the American Independent Party. His campaign demonstrated the strength of opposition to civil rights:
- Wallace won 9.9 million votes
- He won majorities in five southern states
- He gained 46 electoral college votes
The Political Cost of Civil Rights Reform
The significant support for Wallace's segregationist platform revealed the deep resistance to civil rights reform, particularly in the South. His success in capturing nearly 10 million votes and winning five states demonstrated that civil rights legislation, while morally necessary, came with substantial political costs for the Democratic Party and contributed to a major political realignment in American politics.
Political consequences
The split in the Democratic Party caused by the civil rights issue and opposition to the Vietnam War had lasting political consequences. The division within the party helped Republican Richard Nixon win the presidency in 1968, ending the era of Democratic control and slowing the momentum of civil rights reform.
Key Points to Remember:
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The Civil Rights Act of 1968 was passed just one day after Martin Luther King Jr's funeral, addressing housing discrimination and protecting civil rights workers.
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Also known as the Fair Housing Act, it outlawed discrimination in housing based on race, colour, religion or national origin, but had limited practical impact due to white flight and demographic changes.
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Between 1950 and 1980, black urban populations grew from 6.1 million to 15.3 million, while white flight to suburbs created segregated black ghettos in inner cities, demonstrating the difference between legal desegregation and actual integration.
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President Johnson achieved the most comprehensive civil rights legislation since Reconstruction, but faced growing opposition from the Vietnam War and a backlash from southern Democrats that split the Democratic Party and helped elect Republican Richard Nixon in 1968.
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The 1988 Fair Housing Amendments Act attempted to strengthen housing protections by adding disability and family status to protected categories and establishing better enforcement mechanisms.