State actor
Encyclopedia
In United States
law
, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights
, including the First
, Fifth
and Fourteenth Amendments
, which prohibit the federal and state governments from violating certain rights and freedoms.
Although at first blush the term would seem to include only persons who are directly employed by the state, the United States Supreme Court has interpreted these amendments and law
s passed pursuant to them to cover many persons who have only an indirect relationship with the government. Controversies have arisen, for example, over whether private companies that run towns (the "company-town") and prisons (traditionally a state function) can be held liable as state actors when they violate fundamental civil rights. This question remains unresolved, but the Supreme Court has held private citizens to be liable as state actors when they conspire with government officials to deprive people of their rights. Conversely, in National Collegiate Athletic Association v. Smith
, the Supreme Court has found that the National Collegiate Athletic Association
is not a state actor, despite its heavy reliance on state-supported educational institutions.
Unlike state actors, private actors are generally not required to afford individuals the constitutional rights mentioned above. In nearly all U.S. states, private shopping center owners can eject protest
ers from their land for trespassing, and private associations can eject members or deny admission to applicants, with no warning and for no reason. But in a handful of states, notably California
, state constitutional protections and certain common law rights have been extended to limit private actors. California allows the peaceful exercise of free speech in private shopping centers (see Pruneyard Shopping Center v. Robins
(1980)) and requires certain types of private actors to afford current or potential members a rudimentary version of procedural due process
called fair procedure
.
There are a number of situations where the United States Supreme Court has recognized the conduct of individuals or private organizations to be “state action,” and therefore subject to provisions of the Constitution such as Equal Protection, Due Process, or the First Amendment. The Supreme Court has held that:
1. Merely opening up a business to the public is not state action, but the performance of a “public function” (a function that has been traditionally and exclusively performed by the state) is state action (Marsh v. Alabama
, 326 U.S. 501 (1946));
2. If an individual or organization merely enters into a contract or asserts a contractual right outside of court is it not state action, but if an individual or organization sues to judicially enforce a contractual right it is state action (Shelley v. Kraemer
, 334 U.S. 1 (1948));
3. If the government merely acquiesces in the performance of an act by a private individual or organization it is not state action, but if the government coerces, influences, or encourages the performance of the act it is state action (Rendall-Baker v. Kohn, 457 U.S. 830 (1982));
4. If the government merely enters into a contract with an individual or organization for the goods or services then the actions of the private party are not state action, but if the government and the private party enter into a “joint enterprise” or a “symbiotic relationship” with each other it is state action (Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961));
5. If government agencies are simply members of a private organization then the actions of the organization are not state action, but if the government is “pervasively entwined” with the leadership of the private organization then the acts of the organization are state action (Brentwood Academy v. Tennessee Secondary School Athletic Association, 535 U.S. 971 (2002)).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, including the First
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, which prohibit the federal and state governments from violating certain rights and freedoms.
Although at first blush the term would seem to include only persons who are directly employed by the state, the United States Supreme Court has interpreted these amendments and law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s passed pursuant to them to cover many persons who have only an indirect relationship with the government. Controversies have arisen, for example, over whether private companies that run towns (the "company-town") and prisons (traditionally a state function) can be held liable as state actors when they violate fundamental civil rights. This question remains unresolved, but the Supreme Court has held private citizens to be liable as state actors when they conspire with government officials to deprive people of their rights. Conversely, in National Collegiate Athletic Association v. Smith
National Collegiate Athletic Association v. Smith
National Collegiate Athletic Association v. Smith, 525 U.S. 459 , was a case in which the Supreme Court of the United States ruled that the NCAA's receipt of dues payments from colleges and universities which received federal funds was not sufficient to subject the NCAA to a lawsuit under Title...
, the Supreme Court has found that the National Collegiate Athletic Association
National Collegiate Athletic Association
The National Collegiate Athletic Association is a semi-voluntary association of 1,281 institutions, conferences, organizations and individuals that organizes the athletic programs of many colleges and universities in the United States...
is not a state actor, despite its heavy reliance on state-supported educational institutions.
Unlike state actors, private actors are generally not required to afford individuals the constitutional rights mentioned above. In nearly all U.S. states, private shopping center owners can eject protest
Protest
A protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...
ers from their land for trespassing, and private associations can eject members or deny admission to applicants, with no warning and for no reason. But in a handful of states, notably California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, state constitutional protections and certain common law rights have been extended to limit private actors. California allows the peaceful exercise of free speech in private shopping centers (see Pruneyard Shopping Center v. Robins
Pruneyard Shopping Center v. Robins
Pruneyard Shopping Center v. Robins, , was a U.S. Supreme Court decision issued on June 9, 1980 which arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students...
(1980)) and requires certain types of private actors to afford current or potential members a rudimentary version of procedural due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
called fair procedure
Fair procedure
Fair procedure is a common law doctrine that arises from a line of groundbreaking decisions of the Supreme Court of California dating back to the 1880s...
.
There are a number of situations where the United States Supreme Court has recognized the conduct of individuals or private organizations to be “state action,” and therefore subject to provisions of the Constitution such as Equal Protection, Due Process, or the First Amendment. The Supreme Court has held that:
1. Merely opening up a business to the public is not state action, but the performance of a “public function” (a function that has been traditionally and exclusively performed by the state) is state action (Marsh v. Alabama
Marsh v. Alabama
Marsh v. Alabama, , was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place...
, 326 U.S. 501 (1946));
2. If an individual or organization merely enters into a contract or asserts a contractual right outside of court is it not state action, but if an individual or organization sues to judicially enforce a contractual right it is state action (Shelley v. Kraemer
Shelley v. Kraemer
Shelley v. Kraemer, 334 U.S. 1 , is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate.-Facts of the case:...
, 334 U.S. 1 (1948));
3. If the government merely acquiesces in the performance of an act by a private individual or organization it is not state action, but if the government coerces, influences, or encourages the performance of the act it is state action (Rendall-Baker v. Kohn, 457 U.S. 830 (1982));
4. If the government merely enters into a contract with an individual or organization for the goods or services then the actions of the private party are not state action, but if the government and the private party enter into a “joint enterprise” or a “symbiotic relationship” with each other it is state action (Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961));
5. If government agencies are simply members of a private organization then the actions of the organization are not state action, but if the government is “pervasively entwined” with the leadership of the private organization then the acts of the organization are state action (Brentwood Academy v. Tennessee Secondary School Athletic Association, 535 U.S. 971 (2002)).