Con Law · WikiFramers

Part Two - Individual Rights · Module 9

Introduction to Fundamental Rights; The State Action Doctrine

Rights run against governments. The state action doctrine — and its public-function and entanglement exceptions — decides when private power counts.

Topics

The concept of fundamental rights; the Ninth Amendment. The requirement of state action. The public functions exception. The entanglement exception; entwinement.

Reading list

0 of 10 readings published · the rest are in preparation and will appear here as they are edited

  1. Opinion The Civil Rights Cases (United States v. Stanley) in preparation
  2. Note Marsh v. Alabama in preparation
  3. Note Terry v. Adams in preparation
  4. Note Jackson v. Metropolitan Edison Co. in preparation
  5. Opinion Manhattan Community Access Corp. v. Halleck in preparation
  6. Note Burton v. Wilmington Parking Authority in preparation
  7. Note Moose Lodge No. 107 v. Irvis in preparation
  8. Opinion Shelley v. Kraemer in preparation
  9. Note Brentwood Academy v. Tennessee Secondary School Athletic Association in preparation
  10. Note Lindke v. Freed in preparation
  11. Current case Garnier v. O'Connor-Ratcliff, Nos. 21-55118 & 21-55157 (9th Cir. May 14, 2025) (Lindke applied on remand to a public official's social media account). in preparation
How to read this list

A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.