State Action Requirement

Q14231 / key B

State Action Before Scrutiny

selected 44040100 / source 44040100

Q14233 / key A

Public Money Does Not Decide the Act

selected 44040100 / source 44040100

Q14237 / key C

Funding Is Not the Firing

selected 44040100 / source 44040100

Q14275 / key B

Public Venue Is Not State Action

selected 44040100 / source 44040100

Q18457 / key C

Threshold Before Scrutiny

selected 44040100 / source 44040100

Gold Key / Q14231

GK-CONLAW-STATE-ACTION-01

Equal protection starts with the actor: the Fourteenth Amendment restricts state action, not ordinary private pricing. State inspection or general regulation of a private business is not enough unless the state drives the challenged act.

Silver Key / Q14231

SK-CONLAW-THRESHOLD-FIRST-01

When one no answer says no constitutional reach and another no answer applies scrutiny, resolve reach first.

Silver Key / Q14231

SK-CONLAW-WRONG-DEFENDANT-01

Do not let a government actor mentioned in the facts pull you away from the defendant and challenged conduct in the call.

Gold Key / Q14233

GK-CONLAW-STATE-ACTION-GRANT-01

Public money, public affection, or regulation does not make a private entity's own decision state action unless the state is responsible for the challenged decision through coercion, significant encouragement, joint participation, management, or an exclusive public function.

Proof drill / Q14231

Threshold Before Scrutiny

A private insurer sets a risk-based premium, and the state only audits solvency. Should you analyze rational basis first?

No. Ask first whether the insurer's pricing is state action. If not, scrutiny never turns on.

Proof drill / Q14233

Challenged Act First

A state gives a private team a retention grant, and the team later picks contractors. Which act matters for state action?

The challenged contractor-selection decision, not the background decision to offer the grant.

What this page must catch

Treating private unfairness as a constitutional violation.