E) constitutional in the case of Plessy v. Ferguson in 1896. The policy of segregation illustrated in the image was determined to be constitutional in the case of Plessy v. Ferguson in 1896. This case upheld the constitutionality of "separate but equal" facilities for races, which was used to justify segregation laws in the United States. The case of Brown v. Board of Education in 1954, however, determined that segregation in public schools was in fact unconstitutional, as it violated the 14th amendment's equal protection clause.