State action Flashcards
When can a company be held to constitutional standards
The Constitution generally protects against wrongful conduct by the government, not private parties. A private person’s conduct must constitute state action in order for these protections to apply. State action is found when a private person carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a “company town.”
Free speech and freedom not to speak at a public school
The First Amendment is applicable to the states through the Fourteenth Amendment and protects the freedom of speech as well as the freedom not to speak. For example, the Supreme Court has held that a child in a public school has the right not to recite the Pledge of Allegiance.
State standards to limiting freedom of speech in public places
The First Amendment protects freedom of speech. Protected speech can include written, oral, and visual communication, as well as activities such as picketing and leafleting. The government’s ability to regulate speech depends on the forum in which the speech takes place. A traditional public forum is one that is historically associated with expression, such as sidewalks, streets, and parks. In a traditional public forum, the government may only regulate speech if the restrictions: (i) are content-neutral as to both subject matter and viewpoint, (ii) are narrowly tailored to serve a significant governmental interest, and (iii) leave open ample alternative channels for communication. Additional restrictions, such as an absolute prohibition of a particular type of expression, will be upheld only if narrowly drawn to accomplish a compelling governmental interest.
Preventing littering is not a sufficient reason.
