TheBiggestJerk
Well-known member
state action requirement
The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for the violation, rather than a private actor.- This requirement only applies when the law in question requires the government to have acted.
- This state action requirement extends to a number of actions.
First Amendment
The First Amendment states that “[c]ongress shall make no law” infringing upon the freedoms of speech and religion. Because of this requirement, it is impossible for a purely private party to violate this Amendment.Discrimination
In Edmonson, the Supreme Court wrote that "discrimination, though invidious in all contexts, violates the Constitution only when it may be attributed to state action."So now if Zuck continues he will be liable for violating the first amendment by state action, as the collusion with government will only obscure who actually is calling the shots, the government or thr private actor.
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