Martin A. Schwartz The Social Media State Action Decision
Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.
May 06, 2024 at 10:00 AM
10 minute read
Section 1983 is the remedial machinery for enforcing the Fourteenth Amendment. An essential element of a §1983 claim for relief is that the defendant acted under color of state law. The Fourteenth Amendment due process and equal protection clauses, and the incorporated Bill of Rights, apply to state action, not private action. Color of law under §1983 and state action under the Fourteenth Amendment mean the same thing.
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