State Action

Question 1

State Action - general rules

Answer 1

Constitutional rights are rights owed by the government to individuals. A private entity generally does not owe a duty to abide by the Constitution. Where the private entity undertakes a traditional and exclusive public function or where the government is significantly involved in the private entity’s activities, the private entity owes individuals constitutional rights. Running a company town is a traditional and exclusive public function.

Question 2

State Action - state regulation of an industry

Answer 2

The Supreme Court has found that state regulation of an industry - even heavy regulation - does not make the industry’s action state action.

Question 3

State Action - private entities entwined with government entities

Answer 3

The Supreme Court has found significant state involvement where private entities are entwined with government entities.

Question 4

State Action - state licensing or providing essential services

Answer 4

The Supreme Court has found that state licensing or providing essential services, such as police or fire protection, does not make private action state action.

Question 5

State Action - regulation of a private school

Answer 5

The Supreme Court has found that regulation of a private school does not make the school’s action state action.

Question 6

Is running a school an exclusive and traditional public function?

Answer 6

No, running a school is not an exclusive and traditional public function.