Mastering the Bar Exam: Constitutional Law - State Action Doctrine and Civil Rights (Session Seven)

The State Action Doctrine.

Essential Overview.

The State Action Doctrine is central to understanding the application of constitutional protections. It holds that constitutional rights are generally only enforceable against the government and its agents, not private parties. This doctrine stems from the language of the Constitution and its amendments, which are predominantly framed as prohibitions against government action.

Development and Significance.

The doctrine's development has been crucial in civil rights cases, where the distinction between state and private action can determine the applicability of constitutional protections. Key decisions in this area have shaped the contours of civil rights enforcement and individual liberties in the United States.

Public Functions and Private Actors.

Distinguishing Government from Private Action.

A critical aspect of the State Action Doctrine is distinguishing between what constitutes governmental action, subject to constitutional standards, and what is considered private conduct, generally not subject to the same standards. This distinction is not always clear-cut and has been the subject of significant legal interpretation.

Tests and Criteria.

The Supreme Court has developed several tests to determine when private conduct might be considered state action. For instance, the "public function" test considers whether the private entity is performing a function that is traditionally and exclusively governmental. The "nexus" test looks at the relationship between the state and the private conduct, asking whether the state has significantly involved itself with the private actions.

Illustrative Cases.

Cases like Marsh v Alabama (1946), where a private town's streets were held to be subject to the First Amendment, and Burton v Wilmington Parking Authority (1961), where a private restaurant's discrimination was deemed state action due to its location in a public building, demonstrate the application of these principles.

State Action and Enforcement of Civil Rights.

Impact on Civil Rights Litigation.

The State Action Doctrine plays a pivotal role in civil rights litigation. Its application determines the extent to which constitutional protections, like equal protection and freedom from discrimination, can be invoked in situations involving private actors.

Private Conduct and Statutory Protections.

While the State Action Doctrine limits the direct application of constitutional protections to private conduct, various federal and state laws fill this gap. Statutes like the Civil Rights Act of 1964 and the Americans with Disabilities Act extend many of the principles of constitutional civil rights protections to private entities, particularly in areas like employment, housing, and public accommodations.

Challenges and Evolving Interpretations.

The boundaries of state action are continually tested and reinterpreted in response to changing societal conditions and legal philosophies. For instance, issues like internet censorship, platform neutrality, and private entities performing traditionally governmental roles pose new challenges to the doctrine's application.

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