In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such facts but also on creating facts by carefully staging scenarios that would present the right test cases to the courts for adjudication.
Carle, Susan, "Elite Privilege and Public Interest Lawyering [comments]" (2002). Articles in Law Reviews & Other Academic Journals. Paper 330.