🇺🇸
Constitutional Law • Individual Liberties
CONLAW#055
Legal Definition
There are several situations in which private conduct must comply with the Constitution: (1) where a private entity performs a traditionally public function, or (2) where there is entanglement or significant state involvement.
Plain English Explanation
Generally, private individuals and organizations don't have to follow constitutional rules - only the government does. But there are two exceptions where private entities can be treated as "state actors" who must comply with the Constitution:
First, if a private organization performs a traditional government function, like running elections, it essentially steps into the shoes of the state and must uphold constitutional standards. For example, a private group administering a company town takes on the role of municipal government, so it cannot restrict free speech.
Second, extensive government entanglement with or control over a private organization may make it a state actor. This includes private groups that receive significant public funding or work closely with the government. For instance, a private university that accepts federal grants may have to provide due process protections.
In other words, when private bodies assume the role of government or become quasi-governmental entities, they cannot exploit gaps in constitutional coverage. Individual liberties do not depend on public vs. private labels when the government is <pervasively involved>.
First, if a private organization performs a traditional government function, like running elections, it essentially steps into the shoes of the state and must uphold constitutional standards. For example, a private group administering a company town takes on the role of municipal government, so it cannot restrict free speech.
Second, extensive government entanglement with or control over a private organization may make it a state actor. This includes private groups that receive significant public funding or work closely with the government. For instance, a private university that accepts federal grants may have to provide due process protections.
In other words, when private bodies assume the role of government or become quasi-governmental entities, they cannot exploit gaps in constitutional coverage. Individual liberties do not depend on public vs. private labels when the government is <pervasively involved>.
Hypothetical
Hypo 1: In New Hypoland, Bob's company is contracted to run a local jail, a job usually handled by the government. Result: Running a jail is a public function, so Bob's company must respect the constitutional rights of the inmates, just like a government-run jail would.
Hypo 2: Bob's private security company is hired by the city of Hypofornia to patrol public parks, an area traditionally patrolled by city police. Result: Because Bob's company is performing a task that is usually done by the government (public policing), it must respect the constitutional rights of the people in the parks.
Hypo 3: Sam owns a coffee shop on a piece of land he privately owns in Hypofornia. He decides to implement his own rules about who can speak at the coffee shop, favoring only certain political viewpoints. Result: Since running a coffee shop is not a public function and there's no significant state involvement in Sam's policies, the Constitution does not require Sam to comply with it in this scenario.
Hypo 2: Bob's private security company is hired by the city of Hypofornia to patrol public parks, an area traditionally patrolled by city police. Result: Because Bob's company is performing a task that is usually done by the government (public policing), it must respect the constitutional rights of the people in the parks.
Hypo 3: Sam owns a coffee shop on a piece of land he privately owns in Hypofornia. He decides to implement his own rules about who can speak at the coffee shop, favoring only certain political viewpoints. Result: Since running a coffee shop is not a public function and there's no significant state involvement in Sam's policies, the Constitution does not require Sam to comply with it in this scenario.
