State Action Requirement Doctrine Essay

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State Action Requirement Doctrine The U.S. Constitution is the framework of our government that defines its powers and limitations, and it describes the relationship between the citizens of the country and the government at national, state and local levels. The U.S. Constitution defines what government can and cannot do, but it does not, however, regulate the behavior of private citizens. Therefore, only government can violate the individual constitutional rights. The principle that only the federal, state, or local governments can violate constitutional rights is called state action. State action also refers to the indirect state involvement when activity is a public function or when private conduct becomes significantly involved with conduct by the government. State action is the main requirement for determining …show more content…

By definition, mayor is an official who is elected or appointed to act as a chief executive of a city or town (Merriam-Webster Dictionary). Mayor is a governmental official, therefore, he or she acts on behalf of the local government. The mayor’s statement restricting the citizens’ speech at city council meetings will be viewed as the violation of the Freedom of Speech that is protected by the First Amendment of the U.S. Constitution. The indirect state action can be found in a scenario when a state university removes student notices posted without school approval. A state university can be viewed as a governmental institution or agency, and the government is significantly involved in its operation: a public university is funded by state government; it serves public function; it acts on state’s behalf and promotes its interests; and it is bounded by state’s authority. Therefore, a state university might be held liable for a constitutional violation based on the state action

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