Legal Definitions - State Action Requirement

The State Action Requirement is a fundamental principle in U.S. constitutional law. It dictates that most constitutional protections, such as those found in the Bill of Rights (like freedom of speech, due process, or equal protection), primarily apply to actions taken by the government, not by private individuals or organizations.

This means that for someone to claim their constitutional rights have been violated, they generally must show that the violation was caused by a federal, state, or local government entity or official, rather than a private actor. While private actions can sometimes be illegal under various statutes (like anti-discrimination laws), they typically do not violate the Constitution itself unless there is significant government involvement or entanglement.

Here are some examples illustrating the State Action Requirement:

• Example 1: Freedom of Speech in a Public Park vs. a Private Club

  Imagine a situation where a city government prevents a citizen from distributing political leaflets in a designated public park. This action would be considered "state action" because the city government is a governmental entity. The citizen could potentially claim a violation of their First Amendment right to free speech.

  In contrast, if a private social club prohibits one of its members from discussing political topics during a club meeting, this generally would not be considered "state action." The private club, as a non-governmental entity, is typically free to set its own rules for internal conduct, and the member could not claim a First Amendment violation against the club.

• Example 2: Discrimination by a Private Employer vs. a State Agency

  Consider a private company that decides not to hire an applicant based on their gender. While this might be illegal under federal or state anti-discrimination laws (like Title VII of the Civil Rights Act), it would generally not be considered "state action" for the purpose of a constitutional equal protection claim. The company is a private entity, not the government.

  However, if a state government agency refuses to hire an applicant based on their gender, this would be "state action." The applicant could potentially claim a violation of the Equal Protection Clause of the Fourteenth Amendment because a governmental body engaged in discriminatory hiring practices.

• Example 3: Search by a Private Security Guard vs. a Public School Official

  Suppose a security guard employed by a private university searches a student's dorm room without a warrant, suspecting drug possession. This action, performed by a private employee of a private institution, would generally not be considered "state action." Therefore, the student could not claim a Fourth Amendment violation (protection against unreasonable searches and seizures) against the private university or its security guard.

  Conversely, if a principal at a public high school searches a student's locker without reasonable suspicion, this would be "state action." Public schools are government entities, and their officials are considered state actors. The student could potentially claim a Fourth Amendment violation because a government official conducted an unreasonable search.