Legal Definitions - state action

State action refers to any action taken by a government entity or by a private organization whose conduct is so closely connected to the government that it is treated as if the government itself is acting.

This concept is fundamental in constitutional law because it determines when an individual can claim that their constitutional rights have been violated. Generally, constitutional protections, such as freedom of speech, due process, or equal protection, apply only to actions taken by the government, not to actions by private individuals or organizations. However, if a private entity's actions are deemed "state action," then those constitutional protections can be invoked against that private entity as well.

Here are a few examples illustrating when an action might be considered "state action":

• Direct Government Conduct: A city council passes a new ordinance that restricts public protests in a way that appears to violate freedom of assembly. Because the city council is a direct government body, its decision to enact the ordinance is unequivocally state action. If the ordinance is found to infringe upon constitutional rights, individuals could challenge it in court.

• Private Entity Performing a Public Function: A private security firm is contracted by a municipality to patrol public parks and enforce local ordinances, including issuing citations. When an officer from this private firm detains someone in a park, that detention is considered state action. Even though the firm is private, it is performing a function traditionally and exclusively reserved for the government (law enforcement), making its actions subject to constitutional scrutiny, such as the Fourth Amendment's protection against unreasonable searches and seizures.

• Governmental Encouragement or Coercion of Private Action: A state university, which is a public institution, pressures a private student club to exclude certain members based on their political views, threatening to withdraw funding if the club does not comply. While the club is private, the university's significant coercion and involvement in the club's membership decisions transform the club's exclusionary actions into state action. This means the club's actions, influenced by the university, could be challenged as a violation of constitutional rights, such as freedom of association or equal protection.