Problem: An African American man drinking at a water container with a sign labeled 'Colored.' © akg-images / Universal Images Group/Image Quest 2013 The policy of segregation illustrated in this image taken in 1939 was determined to be constitutional in the case of Plessy v. Ferguson in 1896 unconstitutional in the case of Plessy v. Ferguson in 1896 unconstitutional by the case of Brown v. Board of Education constitutional by the case of Brown v. Board of Education