The great majority of §1983 claims are asserted against state officials, local officials, and municipalities. A lesser but still substantial number of §1983 claims are asserted against private entities based upon their involvement with state or local government. When a private entity is sued under §1983 a court must determine whether the entity’s contested conduct constitutes state action.

Last term, in Manhattan Community Access Corp. v. Halleck, 139 S. Ct. 1921 (2019), a sharply divided Supreme Court held that a private nonprofit corporation designated by the City of New York to operate public access cable television channels was not engaged in state action. As a result, the corporation was not subject to the limitations of the First Amendment Free-Speech Clause.

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