MBE Rules · Constitutional Law
State action — public function
Marsh v. Alabama / Jackson v. Metropolitan Edison
The rule
A private entity is a state actor when it performs a function traditionally and EXCLUSIVELY reserved to the state. Examples: running elections (Terry v. Adams), operating a company town (Marsh). Utility companies, shopping malls, and private schools generally do not qualify.
In plain English
One of the two paths to convert private conduct into state action. The 'exclusively' requirement is narrow — most functions that governments perform are also historically performed by private parties, so this rarely succeeds.
The trap
Assuming any regulated or subsidized private actor qualifies — the function must be one only government has traditionally done.
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