32

This "impossible literacy test" from Louisiana, circa 1964, is making the rounds again:

Impossible literacy test, page 1

There are a total of thirty questions of varying difficulty, including ambiguous ones (e.g. "Spell backwards, forwards") and fairly challenging ones.

Slate reported on this test back in 2013. It was purportedly used in a discriminatory fashion to disenfranchise Black voters; such tactics were commonplace during that era, and were very successful in suppressing Blacks from being able to register to vote.

The idea behind the "literacy test" was that it was a test that could be administered by the Registrar to anyone that they believed lacked the requisite education to be a voter. Of course, these tests would be administered in a biased way, and the tests themselves were often excessively difficult (or, tests of different difficulty would be administered to different people), which ensured that prospective black voters would be unable to register. I believe the existence and function of these tests is fairly well documented.

My question is whether this specific test actually existed. Unlike many other contemporary tests, which typically tested the candidate's knowledge of the US and state constitution and electoral process, this test is a rather tricky "brainteaser" test with ambiguous and challenging questions, an aggressive time limit, and a no-tolerance failure policy. It purportedly was given during 1964, and would presumably have been stricken down thereafter by the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

However, one of the original sources for this document, Veterans of the Civil Rights Movement, now says this on their Louisiana Voter Application and Literacy Tests page:

[NOTE: At one time we also displayed a "brain-twister" type literacy test with questions like "Spell backwards, forwards" that may (or may not) have been used during the summer of 1964 in Tangipahoa Parish (and possibly elsewhere) in Louisiana. We removed it because we could not corroborate its authenticity, and in any case it was not representative of the Louisiana tests in broad use during the 1950s and '60s.]

So is this test real or not? Was it given in Louisiana anywhere during the 1960s?


This question is related to Is this a genuine 1965 literacy test?, although that question concerns a different test which is a more conventional "constitution/law" test; the top answer there is a somewhat unsatisfying appeal to authority. Ideally, I would be looking for more authoritative answers here.

12
  • 4
    Did you read the update by Slate (linked at the top of their article)? Does that answer your question?
    – Laurel
    Commented Oct 22 at 17:15
  • 7
    The typography here is a dead giveaway. Commented Oct 23 at 10:28
  • 1
    The 1965 Voting Rights Act didn't ban all literacy tests. New York continued to have a literacy requirement. The Act was amended in 1970 and 1975 to further expand the restrictions. casetext.com/case/christopher-v-mitchell However, literacy tests are still permissible if there is no finding of discrimination and "such test is administered to each individual and is conducted wholly in writing, and a certified copy of the test and of the answers given by the individual is furnished to him..." law.cornell.edu/uscode/text/52/10101
    – DavePhD
    Commented Oct 23 at 13:33
  • 3
    @TobiaTesan If you look at question 29, there is a parenthetical note saying "original type smaller and first line ended at comma", so the test itself seems to admit that it isn't a literal copy.
    – DavePhD
    Commented Oct 24 at 18:02
  • 2
    This typewritten copy has the wording as "Draw five circles that have one common interlocking part."
    – nneonneo
    Commented Oct 25 at 3:27

2 Answers 2

31

The test has been circulating since at least 1995, when Steven R. Meyers wrote in the Public Law Journal of California (volume 18, No. 3) that his daughter had as high school homework a 30 question former Louisiana literacy test that needed to be completed in 10 minutes. Meyers specifically quotes 5 of his "favorite" questions (all identical to OP questions):

In the space below, write the word "noise" backwards and place a dot over what would be its second letter should it have been written forward.

Spell backwards, forwards.

Draw a figure that is square in shape. Divide it in half by drawing a straight line from its northeast corner to its southwest corner, and then divide it once more by drawing a broken line from the middle of its western side to the middle of its eastern side.

Divide a vertical line in two equal parts by bisecting it with a curved horizontal line that is only straight at its spot bisection of the vertical

Write every other word in this first line and print every third word in the same lein [sic], (original type smaller and first line ended at comma) but capitalize the fifth word that you write.

Also, the 7 May 1980 newspaper article Atiyeh, officials flunk voter 'tests' Oregon Journal, page 19, reports that in a "media show" Black officials including affirmative action officer Kay Toran administered a 29 question test to White officials, who had 10 minutes to complete the test. Three of the questions are quoted in the article, including "spell backwards, forward". All three are identical to OP questions. This event was also reported in the 08 May 1980 newspaper article Officials flunk voters' test on page 7D of Capital Journal which explains that the source of the test was that the son of Oregon Secretary of State Norma Paulus took the test in high school and told her about it. Her understanding was that it was used in Louisiana until 1965.

However, as explained below, the test was not a genuine Louisiana voter test.

As stated by the US Supreme Court in Louisiana v. United States, 380 U.S. 145 (1965):

In response to Guinn v. United States, 238 U. S. 347, which held certain grandfather clauses unconstitutional:

Louisiana, in 1921, adopted a new constitution replacing the repudiated "grandfather clause" with what the complaint calls an "interpretation test," which required that an applicant for registration be able to "give a reasonable interpretation" of any clause in the Louisiana Constitution or the Constitution of the United States. [Footnote 5] From the adoption of the 1921 interpretation test until 1944, the District Court's opinion stated, the percentage of registered voters in Louisiana who were Negroes never exceeded one percent. Prior to 1944, Negro interest in voting in Louisiana had been slight, largely because the State's white primary law kept Negroes from voting in the Democratic Party primary election, the only election that mattered in the political climate of that State. In 1944, however, this Court invalidated the substantially identical white primary law of Texas, [Footnote 6] and, with the explicit statutory bar to their voting in the primary removed, and because of a generally heightened political interest, Negroes in increasing numbers began to register in Louisiana. The white primary system had been so effective in barring Negroes from voting that the "interpretation test," as a disfranching devise, had been ignored over the years. Many registrars continued to ignore it after 1944, and, in the next dozen years, the proportion of registered votes who were Negroes rose from two-tenths of one percent to approximately 15% by March, 1956. This fact, coupled with this Court's 1954 invalidation of laws requiring school segregation, [Footnote 7] prompted the State to try new devices to keep the white citizens in control. The Louisiana Legislature created a committee, which became known as the "Segregation Committee," to seek means of accomplishing this goal. The chairman of this committee also helped to organize a semi-private group called the Association of Citizens Councils, which thereafter acted in close cooperation with the legislative committee to preserve white supremacy. The legislative committee and the Citizens Councils set up programs, which parish voting registrars were required to attend, to instruct the registrars on how to promote white political control. The committee and the Citizens Councils also began a wholesale challenging of Negro names already on the voting rolls, with the result that thousands of Negroes, but virtually no whites, were purged from the rolls of voters. Beginning in the middle 1950's, registrars of at least 21 parishes began to apply the interpretation test. In 1960, the State Constitution was amended to require every applicant thereafter to "be able to understand," as well as "give a reasonable interpretation" of, any section of the State or Federal Constitution "when read to him by the registrar." [Footnote 8] The State Board of Registration in cooperation with the Segregation Committee issued orders that all parish registrars must strictly comply with the new provisions.

The interpretation test, the court found, vested in the voting registrars a virtually uncontrolled discretion as to who should vote and who should not. Under the State's statutes and constitutional provisions, the registrars, without any objective standard to guide them, determine the manner in which the interpretation test is to be given, whether it is to be oral or written, the length and complexity of the sections of the State or Federal Constitution to be understood and interpreted, and what interpretation is to be considered correct. There was ample evidence to support the District Court's finding that registrars in the 21 parishes where the test was found to have been used had exercised their broad powers to deprive otherwise qualified Negro citizens of their right to vote; and that the existence of the test as a hurdle to voter qualification has, in itself, deterred, and will continue to deter, Negroes from attempting to register in Louisiana.

Because of the virtually unlimited discretion vested by the Louisiana laws in the registrars of voters, and because in the 21 parishes where the interpretation test was applied that discretion had been exercised to keep Negroes from voting because of their race, the District Court held the interpretation test invalid on its face and as applied, as a violation of the Fourteenth and Fifteenth Amendments to the United States Constitution and of 42 U.S.C. § 1971(a). [Footnote 9] The District Court enjoined future use of the test in the State, and, with respect to the 21 parishes where the invalid interpretation test was found to have been applied, the District Court also enjoined use of a newly enacted "citizenship" test, which did not repeal the interpretation test and the validity of which was not challenged in this suit, unless a reregistration of all voters in those parishes is ordered, so that there would be no voters in those parishes who had not passed the same test.

...

Appellants' chief argument against the decree concerns the effect which should be given the new voter qualification test adopted by the Board of Registration in August, 1962, pursuant to statute [Footnote 15] and subsequent constitutional amendment [Footnote 16] after this suit had been filed. The new test, says the State, is a uniform, objective, standardized "citizenship" test administered to all prospective voters alike. Under it, according to the State, an applicant is "required to indiscriminately draw one of ten cards. Each card has six multiple choice questions, four of which the applicant must answer correctly."

See also United States v. Katherine Ward 349 F.2d 795 (5th Cir. 1965):

To take the test an applicant draws one of ten cards. Each card has six multiple choice questions, four of which the applicant must answer correctly. This test "requires a comprehension of the theory of the American system of government and a knowledge of specific constitutional provisions."

Overall, 1965 federal court decisions make clear that the Louisiana test in the 1962-1965 period was not that of the OP, but instead a 6 question multiple choice test that required knowledge of government and the constitution. Four of the six multiple choice questions need to be answered correctly.

A genuine set of the ten 6-question multiple choice tests is provided by the Civil Rights Movement Archive

One of the 10 cards:

enter image description here


As historical background of the creation of the OP test, it should be noted that it overlaps a test in the publication Teaching Students To Follow Directions in the Chicago Schools Journal, volume 41, issue 2 (November 1959), pages 72-76, by Melvin Lubershane. (Alternative internet archive link) Particularly, in comparison to OP questions 1, 2, 3, 4, 7, 8, 10, 26 and 12, Lubershane's test is:

  1. Draw a line around the number of this sentence.
  2. Draw a line under the last word in this sentence.
  3. Cross out the longest word in this line.
  4. Draw a line around the shortest word in this sentence.
  5. ...
  6. Above the letter X put a small cross.
  7. Draw a line through the letter below that comes earliest in the alphabet.
    Ꮓ V S B D G M K
  8. In the first circle below write the last letter of the word black.
    [5 empty, un-numbered circles are depicted]
  9. In the third square below write the second letter of the word three.
    [5 squares are depicted]
  10. Draw a line from circle 1 to circle 5 that will pass below circle 3 and above circle 4.
    [5 circles with superscript numbers are depicted]

Lubershane presents these questions as actually having been given to students age 10-15, with no mention of voting.

6
  • 18
    Just as a little follow-up, the consistent theme here was providing (white) voter registrars a way to selectively apply "tests" and/or subjectively grade the tests they did get, so they could in actuality pick and choose who got to vote. So what the contents of the tests were at any given time wasn't really the point. You could fill whatever it was out perfectly and still fail if they wanted you to, because they said you did.
    – T.E.D.
    Commented Oct 23 at 15:19
  • @T.E.D.: There is also the rather obvious possibility that some registrars were simply skipping the tests for white applicants, or even filling it out on their behalf. Nobody (who was actually present at the time of the registration) would have questioned such an action.
    – Kevin
    Commented Oct 24 at 21:20
  • 3
    @Kevin - Its not a "possibility", that indeed was happening. That's what "selectively apply tests" means.
    – T.E.D.
    Commented Oct 24 at 22:10
  • 1
    In a lot of places that was codified as "If your Grandfather was a voter, you don't have to test.", which is supposedly where the phrase Grandfather clause came from. However, yes they just only made black folks take the test, rather than keeping and consulting extensive nationwide records of 3 generations of voters.
    – T.E.D.
    Commented Oct 24 at 22:12
  • 2
    @Kevin It’s my answer, not TED’s. See this decision, for example “although white applicants had not been subjected to such tests” courtlistener.com/opinion/268905/… Mainly Madison parish prevented Blacks from registering by demanding that witnesses identify them.
    – DavePhD
    Commented Oct 24 at 23:01
13

In a follow-up to the original Slate article, the reporter says

Jeff Schwartz, the former volunteer with the civil rights group Congress of Racial Equality, who had recommended that this word-processed version of the test be included on the Civil Rights Movement Veterans website, [...] reported that he [...] recognized it as “the same in all material respects” as the test he had seen while doing voter registration and support in Iberville and Tangipahoa Parishes in the summer of 1964.

As mentioned in the question, the test has since been removed from the CRMV site, with a note that "we could not corroborate its authenticity, and in any case it was not representative of the Louisiana tests in broad use during the 1950s and '60s." The example test there now contains normal-sounding if somewhat difficult questions about civics (e.g. "The President of the Senate gets his office— a. by election by the people. b. by election by the Senate. c. by appointment by the President.").

The Slate update ends with "I am still in the process of contacting archives in Louisiana, historians who work on civil rights, and oral history collections that contain reminiscences of civil rights workers and prospective voters from the time period to see if I can get any closer to an original copy of the test. [...] I will update as I find out more." I emailed her in 2017 to ask if she had found anything else, and she responded in part

The answer is, no: I was never able to find out, definitively, that it was real, or that it was fake. There was a reporter from the Louisiana Advocate that did a follow-up story on it a few weeks after this post went up, and she had the same experience. (Looks like that piece was taken down from the Advocate's site, or at least is no longer at the link that once worked for it. But you could email them and see if they can help you find it, if you care to.)

(I never followed up on that.)

In short, it appears that several independent parties have tried to authenticate the test, and couldn't find evidence that it was used except for Jeff Schwartz's memory.

5
  • 2
    And as far as I can tell, Schwartz's claim is from around 2010 and regards a literacy test supposedly seen in 1964. Seems strange to me that someone would remember "all material respects" of an otherwise unremarkable government document from 45 years ago. Commented Oct 22 at 19:55
  • 2
    The answer/Slate is wrong about the 1963 decision, which was appealed to the US Supreme Court which then held in 1965 "Like the District Court, we express no opinion as to the constitutionality of the new "citizenship" test. Any question as to that point is specifically reserved. That test was never challenged in the complaint or any other pleading. The District Court said, "we repeat that this decision does not touch upon the constitutionality of the citizenship test as a state qualification for voting" supreme.justia.com/cases/federal/us/380/145
    – DavePhD
    Commented Oct 22 at 21:47
  • 1
    Instead, the 1963 decision said the older "interpretation test" was unconstitutional and concerning the "citizenship test" held "We enjoin the use of the citizenship test in the named parishes until there has been a general re-registration of all voters in a named parish, or until it has been shown, to the satisfaction of the court, that the interpretation test has lost its discriminatory effect in the parish." courtlistener.com/opinion/1872222/…
    – DavePhD
    Commented Oct 22 at 23:07
  • 1
    @DavePhD I removed the mention of the court decision, since it was pure speculation anyway.
    – benrg
    Commented Oct 23 at 20:29
  • @NuclearHoagie Schwartz isn't just saying that he saw the test, he's saying that he personally administered the test in Ohio in 1964 and selectively made white people fail and gave the white people "I'm Illiterate" buttons to wear. crmvet.org/nars/schwartz.htm There is an excellent documentary of Schwartz's organization and you can see the real registration procedure starting at 9:15 (they are training for the US Constitution preamble test) americanarchive.org/catalog/cpb-aacip-55-73pvn97r
    – DavePhD
    Commented Oct 25 at 13:42

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .