Constitutional Law

Question 1

When is there state action?

Answer 1

State action can occur when the actions are undertaken by a governmental entity.

However, the** actions of a private actor **can also constitute state action under two circumstances:

1. Public Function: The private actor performs functions that are traditionally and exclusively public functions (e.g., parks, prisons, elections); or
2. Entanglement: The state is heavily involved in the activity, such as by commanding, encouraging, or being entangled with the activity.