State Action Doctrine

Question 1

State Action Doctrine

Answer 1

• The Con’s protections of individual liberties and its requirement for equal
  protection apply only to the government
• • the rights protected in the 14th only apply to state action
• certain situations where private action can be considered state action, therefore subject to the 14th’s
  constitutional requirements
• State action, for purposes of the Equal Protection Clause, may emanate from rulings of administrative and regulatory agencies as well as from legislative or judicial action.
• EXCEPTION: 13th A does apply to individual conduct
• * Private individual/association/corporation (fairly attributable) to the state (when private actors are held to be state actors

Question 2

Four Theories of State Action

Answer 2

Public Functions
State Coercion/Significant Encouragement
Symbiotic RElationship
Entwinement

Question 3

Public Function (State Action)

Answer 3

A private party exercising powers that have been traditionally exclusively reserved to the state is engaged in state action.

White Primary Cases (elections)

Marsh (company town)

Question 4

State Coercion (State Action)

Answer 4

When the government coerces private action, or significantly encourages or assists in the action, state action may be involved.

cases finding state action all involve situations where either:

the government compels the private actor to perform the challenged activity

the government’s affirmative assistance is necessary for the private actor to perform the challenged act or the government acts jointly with the private entity

Shelley

Question 5

Symbiotic Relationship (State Action)

Answer 5

mutually conferred benefits, leasing arrangement (shop to leasehold to govt), discrimination contributing to $ success)

Burton (coffee shop/parking) is definition of symbiotic relationship (case by case basis can be any of the above)

Question 6

Entwinement (State Action)

Answer 6

Public and private intertwined in composition, workings, and responsibilities

• Brentwood

84% member schools public institution