State Action v. Private Action

Question 1

State-Action Requirement

Answer 1

The P must show that there is gov action, constitutional rights cannot be violated by private actors with a few exceptions.

Question 2

Exceptions to the Gov. Actor Requirement

Answer 2

Include:

• the 13th Amendment
• Public-Function Theory
• Significant State Involvement Theory

Question 3

Public-Function Theory/Entwinement

Answer 3

Where a private entity is carrying on activities traditionally performed by the government (e.g. owning an entire town and regulating sidewalks/streets).

Question 4

Significant State Involvement Theory/Entanglement

Answer 4

Where a private party’s action is closely encouraged and supported by the state, the private party’s action can be treated as action by the government.

Question 5

Franchises & Licenses Provided By State

Answer 5

• The SC has held that ownership of a city franchise is not sufficient state action to make the franchisee subject to the Fourteenth Amendment.
• Granting a state license is also insufficient.