Fred Korematsu, American activist (d. 2005)

Fred Korematsu: A Champion of Civil Liberties Against Injustice

Fred Toyosaburo Korematsu (January 30, 1919 – March 30, 2005) stands as a pivotal figure in American civil rights history, renowned for his courageous resistance against the internment of Japanese Americans during World War II. His unwavering commitment to constitutional principles in the face of widespread prejudice and governmental overreach shaped a significant legal battle that echoed through decades, ultimately challenging the very foundations of civil liberties in wartime.

The events leading to Korematsu's defiance began shortly after the Imperial Japanese Navy's surprise attack on Pearl Harbor on December 7, 1941. In the wake of this attack, a climate of fear, suspicion, and racial prejudice intensified across the United States, particularly targeting individuals of Japanese ancestry. Despite the lack of any credible evidence of disloyalty or espionage, President Franklin D. Roosevelt issued Executive Order 9066 on February 19, 1942. This sweeping order authorized the Secretary of War and military commanders to designate military areas from which "any and all persons may be excluded." This effectively led to the forced removal of approximately 120,000 individuals of Japanese descent – two-thirds of whom were American citizens – from their homes on the West Coast, compelling their mandatory relocation and imprisonment in desolate inland incarceration camps.

While many Japanese Americans complied with these directives, Fred Korematsu, a 23-year-old American citizen living in Oakland, California, made a profound decision to challenge the legality and morality of these orders. He refused to report for forced removal and chose instead to remain in his home, becoming a fugitive in an act of civil disobedience. Korematsu was subsequently arrested on May 30, 1942, and charged with violating military orders.

The Landmark Supreme Court Case: Korematsu v. United States (1944)

Korematsu's legal challenge ascended to the highest court in the land, resulting in the landmark Supreme Court case, Korematsu v. United States (1944). In a controversial 6-3 decision, the Supreme Court upheld the constitutionality of Executive Order 9066, reasoning that the forced removal was a "military necessity" during wartime. Justice Hugo Black, writing for the majority, asserted that when faced with a "pressing public necessity," individual liberties could be curtailed. This ruling became a stark symbol of the government's ability to infringe upon fundamental rights during national emergencies, particularly when racial bias was a contributing factor. Importantly, three justices dissented, vehemently arguing that the order was based on racial discrimination rather than genuine military necessity.

Decades Later: Exoneration and Official Condemnation

Despite the Supreme Court's upholding of his conviction, Fred Korematsu never gave up his quest for justice. Four decades later, a dedicated legal team, with the support of newly discovered evidence, reopened his case. On November 10, 1983, his conviction for evading internment was formally overturned by a U.S. District Court in San Francisco. Judge Marilyn Hall Patel's ruling was based on the discovery that the U.S. government, during the original trial, had deliberately withheld crucial intelligence reports from the FBI, the Office of Naval Intelligence, and the Federal Communications Commission. These reports conclusively demonstrated that Japanese Americans posed no significant security risk and were, in fact, loyal citizens. This egregious act of governmental misconduct, which suppressed vital evidence from the courts, underscored the injustice Korematsu and his community had faced.

The legal and moral repudiation of the original Korematsu ruling extended even further in 2018. While the original decision was not directly overturned in a subsequent case, the Supreme Court, in Trump v. Hawaii, 585 U.S. ___ (2018), issued a powerful condemnation of the 1944 judgment. Chief Justice John Roberts explicitly stated that "Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—'has no place in our law at all.'" This profound statement marked a significant moment, effectively disavowing the reasoning and legitimacy of the original wartime decision and reinforcing the principle that racial discrimination cannot be justified as a military necessity.

Legacy and Recognition

Fred Korematsu's enduring legacy as a relentless advocate for civil liberties and constitutional rights continues to inspire generations. His dedication to justice was posthumously recognized through various honors:

• On January 30, 2011, what would have been his 92nd birthday, the state of California observed the first "Fred Korematsu Day of Civil Liberties and the Constitution." This marked a historic milestone as the first such commemoration in the United States named after an Asian American.
• In 2015, Virginia followed suit, passing legislation to permanently recognize January 30 as Fred Korematsu Day, becoming the second state to honor him annually.
• In 2009, prior to the state observances, the Fred T. Korematsu Institute was established. This organization is dedicated to perpetuating Korematsu's mission by educating the public about the Japanese American internment and its profound lessons. The Institute actively advocates for civil liberties and human rights for all communities, ensuring that the mistakes of the past are not repeated and that constitutional protections remain steadfast, even in times of crisis.

Frequently Asked Questions About Fred Korematsu

Who was Fred Korematsu?

Fred Toyosaburo Korematsu was an American civil rights activist of Japanese descent who famously resisted the forced internment of Japanese Americans during World War II, challenging its legality all the way to the U.S. Supreme Court.

What was Executive Order 9066?

Issued by President Franklin D. Roosevelt in 1942, Executive Order 9066 authorized the military to designate areas from which any person could be excluded, leading to the forced removal and incarceration of approximately 120,000 people of Japanese ancestry from the West Coast into internment camps during World War II.

What was the significance of Korematsu v. United States (1944)?

This Supreme Court case famously upheld the constitutionality of Executive Order 9066, ruling that the forced removal of Japanese Americans was a "military necessity" during wartime. While a landmark decision, it remains highly controversial due to its racial implications and the subsequent revelation of withheld government evidence.

When was Fred Korematsu's conviction overturned?

Fred Korematsu's conviction for evading internment was overturned on November 10, 1983, by a U.S. District Court. This decision was based on new evidence revealing that the U.S. government had suppressed intelligence reports that demonstrated Japanese Americans posed no security threat.

Was the original Korematsu Supreme Court ruling ever officially overturned?

While the specific conviction against Fred Korematsu was overturned in 1983, the Supreme Court's original 1944 ruling in Korematsu v. United States was not formally overturned through a new Supreme Court case. However, in Trump v. Hawaii (2018), the Supreme Court explicitly and unequivocally condemned the 1944 decision, stating it was "gravely wrong" and "has no place in our law at all," effectively disavowing its legal legitimacy.

What is Fred Korematsu Day?

Fred Korematsu Day of Civil Liberties and the Constitution is observed annually on January 30th (his birthday) in California and Virginia. It commemorates Fred Korematsu's struggle for justice and serves as a day to educate about civil liberties and the importance of protecting constitutional rights for all.

What is the Fred T. Korematsu Institute?

The Fred T. Korematsu Institute, founded in 2009, is a non-profit organization dedicated to carrying on Korematsu's legacy by educating the public about civil liberties, social justice, and the Japanese American internment, advocating for the protection of constitutional rights for all communities.