TUSCALOOSA, Ala.
- As a federal district judge in Alabama from 1955 to 1979, Frank
M. Johnson issued some of the most significant civil rights rulings
in the 20th century. Dr. Tony Freyer, a University of Alabama research
professor of history and law has now edited and published a collection
of Johnsons essays where the judge explains, in his own words,
how he grappled with those decisions.
In Defending Constitutional Rights, Frank M. Johnson, Freyer also
includes the first published transcript of Johnsons 1980 interview
on Public Television with Bill Moyers. Johnsons rulings were
exceedingly unpopular in many circles, particularly during the 1960s,
Freyer said. Although many of his rulings were controversial and even,
on one occasion, resulted in a dynamite attack on Johnsons mother
- an attack intended for the judge - Johnson continued accepting invitations
to discuss his rulings in public forums during the civil rights era,
the UA professor said.
The ideas Johnson expressed on these occasions reveal the mind
of a great judge grappling with issues fundamental to maintaining
the rule of law, Freyer wrote in the preface of the book, published
in August by The University of Georgia Press.
Johnson, who died in 1999, was a 1943 graduate of the UA School of
Law. Although best known for his civil rights-related rulings, Freyer
said Johnson also proved a champion for mental health patients, prisoners,
women, white as well as black voters and others.
The mark of Johnson, was that he often would take the Supreme
Courts ruling and actively expand it with the expectation the
Court would back him up, Freyer said. He was an exceptional
human being and an excellent judge as well.
For example, Johnson, along with federal judge Richard T. Rives, ordered
the desegregation of the Montgomery bus system, marking the first
time the Supreme Courts Brown v. Board of Education ruling was
extended beyond schools. He would later apply the desegregation opinion
to parks, libraries, and prisons.
His rulings would forever change the state and the nations mental
health hospitals for the better, Freyer said, as they relieved deplorable
living conditions and overcrowding, provided better treatment for
patients and led to the release of some patients who should never
have been admitted.
Today, the most vocal proponents of civil rights issues are often
labeled as liberal, and the same was true in relation
to Johnson, Freyer said. He, however, was actually a Republican, born
in Alabamas rural Winston County, opposed to President Roosevelts
New Deal philosophy and appointed to the bench by Eisenhower, Freyer
said.
Notwithstanding the claims of critics that Johnson was the quintessential
activist liberal judge, the materials collected in this volume evidence
core values that are essentially conservative, embodying a view of
Americanism based on individual freedom defined in terms of equal
opportunity and equality under law, Freyer wrote in the book.
Although four biographers, including Robert F. Kennedy Jr., have previously
published works on Johnsons life, Freyer said he wanted to publish
this collection of essays to give readers more insight into Johnsons
thoughts leading to his rulings.
I realized that his story as a human being, as dramatic as it
was, could be added to by showing his ideas and his thinking,
Freyer said.
Although widely criticized, Johnson also had many supporters, including
Martin Luther King Jr., and, more surprisingly, George Wallaces
lawyer, who Freyer said once stated, he was the fairest
judge Ive ever seen.
Following his 24-year term as a federal district judge in Alabama,
Johnson served as a federal circuit court judge in Alabama from 1979
until 1991. He was awarded the Presidential Medal of Freedom in 1995
and was nominated, but did not serve, as Director of the FBI.
Ultimately, he believed the revolution in rights that had taken
place in his lifetime was what was most right about America,
Freyer wrote at the end of the books introduction. When
Johnson died on July 23, 1999, at age 80, few Americans had done as
much to preserve that faith. |