Is Dartmouth a public, or a private, institution?
In the middle of February in 2001, a female student happened to be walking by Psi Upsilon fraternity. What she heard shouted from the porch -- a chanting rendition of "Wah-hoo-wah, scalp 'em, scalp 'em" -- would become the focus for tense campus debate and, eventually, six months of social probation for the fraternity. In all the controversy over the sanctions, one criticism emerged that would highlight the sometimes cloudy status Dartmouth enjoys as a private institution: because the College receives federal funds it should have to abide by free speech principles that would make such a punishment unconstitutional. Dartmouth itself has a quick answer to that complaint -- no. Officials covet its status as a private institution, which effectively shields the College from potentially costly First Amendment lawsuits. Almost 200 years ago in the precedent-setting Dartmouth College Case, Daniel Webster arbitrated in front of the U.S.
