This section contains the nature of the case and procedural background.

Kentucky’s (P) law prohibited people, corporations, and associations from operating an integrated private college. P indicted D for doing just that. D was found guilty and appealed. The court of appeals discussed the general power of P with respect to the separation of the two races. It also ruled that 'the right to teach white and negro children in a private school at the same time and place is not a property right. Further, it held that D as a corporation created by P has no natural right to teach at all. Its right to teach is such as the State sees fit to give to it. P may withhold it altogether, or qualify it. The Supreme Court granted certiorari.

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