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Constitutional Law • Individual Liberties
CONLAW#056
Legal Definition
There is state action where (1) the government leases premises to a restaurant that racially discriminates, (2) the state provides free books to schools that racially discriminate, or (3) a private entity regulates interscholastic sports within a state.
There is no state action where (1) a private school that is over 99% government funded fires a teacher because of her speech, (2) the NCAA orders the suspension of a basketball coach at a state university, or (3) a private club with a liquor license from the state engages in racial discrimination.
There is no state action where (1) a private school that is over 99% government funded fires a teacher because of her speech, (2) the NCAA orders the suspension of a basketball coach at a state university, or (3) a private club with a liquor license from the state engages in racial discrimination.
Plain English Explanation
The idea of "state action" is about whether the rules of the Constitution apply to what private individuals or companies do. Basically, the Constitution is meant to protect us from the government doing certain things, and it generally doesn't always apply to what non-government people or businesses do. However, there are some cases where the government is involved enough in private actions that these private actions are considered as if the government itself is doing them. For example, if the government is providing significant help or benefits to a private business or school that discriminates, or if a private organization is taking on roles that normally the government would do (like organizing state sports competitions), then those actions might be seen as "state action" and the Constitution's protections would apply.
However, just because a private entity gets some form of government funding or permission (like a liquor license) doesn't automatically make everything it does state action. This distinction is crucial for ensuring that private entities can operate freely without unnecessary constitutional restrictions, while also protecting individuals from discrimination or other constitutional violations in situations where the government is significantly involved.
However, just because a private entity gets some form of government funding or permission (like a liquor license) doesn't automatically make everything it does state action. This distinction is crucial for ensuring that private entities can operate freely without unnecessary constitutional restrictions, while also protecting individuals from discrimination or other constitutional violations in situations where the government is significantly involved.
Hypothetical
Hypo 1: Bob owns a restaurant in Hypofornia that is located on government property. He refuses to serve Sam because of Sam's race. Result: This is considered state action because the government is leasing property to Bob's restaurant. Discriminating against Sam in this situation violates the Constitution's protections against racial discrimination.
Hypo 2: New Hypoland's government gives free textbooks to a private school. This school refuses to admit George, Sam's son, because of his race. Result: This is state action because the state is providing significant assistance to the school. The school's discrimination against George is considered a violation of the Constitution's protections against racial discrimination.
Hypo 3: Bob, a private individual, is in charge of organizing all high school soccer leagues in Hypofornia. He excludes Sam's team from participating because he doesn't like Sam. Result: This is considered state action because Bob is regulating interscholastic sports, a function normally associated with the state. Excluding Sam's team could be seen as a constitutional issue because of the significant state-like role Bob is playing.
Hypo 4: A private club in Hypofornia, which received a liquor license from the state, refuses entry to Sam based on his race. Result: This is not considered state action because the club's operation, despite having a state-issued liquor license, is still fundamentally a private decision. The Constitution does not directly apply to this situation because the state's involvement (issuing a liquor license) is not sufficient to make the club's actions state actions.
Hypo 2: New Hypoland's government gives free textbooks to a private school. This school refuses to admit George, Sam's son, because of his race. Result: This is state action because the state is providing significant assistance to the school. The school's discrimination against George is considered a violation of the Constitution's protections against racial discrimination.
Hypo 3: Bob, a private individual, is in charge of organizing all high school soccer leagues in Hypofornia. He excludes Sam's team from participating because he doesn't like Sam. Result: This is considered state action because Bob is regulating interscholastic sports, a function normally associated with the state. Excluding Sam's team could be seen as a constitutional issue because of the significant state-like role Bob is playing.
Hypo 4: A private club in Hypofornia, which received a liquor license from the state, refuses entry to Sam based on his race. Result: This is not considered state action because the club's operation, despite having a state-issued liquor license, is still fundamentally a private decision. The Constitution does not directly apply to this situation because the state's involvement (issuing a liquor license) is not sufficient to make the club's actions state actions.
