In the case of Rogers et al. v. Paul et al., 1965, the Supreme Court ruled that a private school in Arkansas could not deny admission to African-American students based on their race without violating the Equal Protection Clause of the Fourteenth Amendment. The school had been established by white parents as an attempt to avoid desegregation following Brown v Board of Education and was funded through tuition fees and public donations, including tax-deductible contributions. Despite its private status, it was deemed to be performing a public function due to its educational role and reliance on public support; therefore, it fell under constitutional restrictions against racial discrimination. This decision reinforced that segregation is unconstitutional in both publicly-funded schools and those privately-established but serving a significant public function.

In the dissenting opinion for Rogers et al. v. Paul et al., Justice Harlan argued that the majority's decision to invalidate a private school's racially discriminatory admissions policy was an overreach of judicial power, infringing upon states' rights and individual liberties. He contended that while public schools were subject to desegregation mandates under Brown v. Board of Education, private institutions should be allowed autonomy in their admission policies as long as they do not receive state funding or support. Furthermore, he expressed concern about potential implications on freedom of association if courts could dictate who private entities must admit or exclude from membership based on racial considerations.