State Action Threshold
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law2
Example wrong choices
14233_galilee_nets_fieldhouse · CONSTITUTIONAL_LAW · Choice BThe intense public preoccupation with professional e-sports teams, coupled with the fact that live gaming finals have become a favorite modern pastime, is sufficient to justify application of the Fourteenth Amendment to the activities of professional e-sports teams.
Why it's attractive
The choice turns public interest and cultural status into state power.
Why it's wrong
The choice turns public interest and cultural status into state power.
14233_galilee_nets_fieldhouse · CONSTITUTIONAL_LAW · Choice CThe issues presented by this case are nonjusticiable political questions because the fieldhouse grant followed a partisan legislative fight and there is a lack of judicially manageable standards to resolve the dispute.
Why it's attractive
The choice reacts to legislative heat instead of the concrete equal protection suit.
Why it's wrong
The choice reacts to legislative heat instead of the concrete equal protection suit.
14233_galilee_nets_fieldhouse · CONSTITUTIONAL_LAW · Choice DThe nexus between the contracting decisions of the team owners and the one-time grant of state funds is sufficiently substantial to subject those decisions to the limitations of the Fourteenth Amendment.
Why it's attractive
The choice treats the state grant as enough even though the owners made the contractor-selection decision.
Why it's wrong
The choice treats the state grant as enough even though the owners made the contractor-selection decision.
14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice ANo, because the state's accreditation and partial funding of the institute are sufficient to make the state an active participant in Mary's discharge.
Why it's attractive
The choice treats real state contacts as enough even though the firing itself has no state link.
Why it's wrong
The choice treats real state contacts as enough even though the firing itself has no state link.
14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice BNo, because the U.S. Constitution provides a cause of action against any state-accredited school that restricts freedom of speech as a condition of employment.
Why it's attractive
The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.
Why it's wrong
The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.
14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice DYes, because the First and Fourteenth Amendments affirmatively protect the institute's right to employ only instructors who share and communicate its views.
Why it's attractive
It grants the motion but changes the reason from Mary's missing state action to an affirmative right for the institute.
Why it's wrong
It grants the motion but changes the reason from Mary's missing state action to an affirmative right for the institute.
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