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Chapter 12

STATE ACTION

Nearly all of the rights guaranteed by the Constitution to individuals are protected only against interference by government. This is sometimes called the requirement of "state action." However, sometimes even a private individual's actions are found to be "state action," and thus subject to the Constitution. Here are the main concepts in this Chapter:

  • "Public function" doctrine: Under the "public function" doctrine, if a private individual or group is entrusted by the state to perform functions that are traditionally viewed as governmental in nature, the private individual becomes an agent of the state, and he constitute "state action." Therefore, his acts must obey the Constitution.
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