Editing Constitutional Liberties
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The Supreme Court has recognized two narrow exceptions to the state action requirement: the public functions exception, which provides that private conduct must comply with the constitution when it is performing a task that has traditionally, exclusively, been done by the government; and entanglement, in which the government affirmatively authorizes, encourages, or facilitates unconstitutional conduct. | The Supreme Court has recognized two narrow exceptions to the state action requirement: the public functions exception, which provides that private conduct must comply with the constitution when it is performing a task that has traditionally, exclusively, been done by the government; and entanglement, in which the government affirmatively authorizes, encourages, or facilitates unconstitutional conduct. | ||
==== | ==== BRENTWOOD ACADEMY v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION ==== | ||
Rules: A private statewide regulatory association with a majority of its membership as public entities engages in state action if it enforces rules against a member. | Rules: A private statewide regulatory association with a majority of its membership as public entities engages in state action if it enforces rules against a member. | ||