Legal Definitions - State Action Requirement

The state action requirement is a legal rule that says a plaintiff (someone who brings a lawsuit) must show that the government (local, state, or federal) was responsible for violating a law, rather than a private person or company. This rule only applies when the law in question requires the government to have acted.

For example, the First Amendment of the U.S. Constitution says that Congress cannot make any law that limits freedom of speech or religion. This means that a private person or company cannot violate the First Amendment. Only the government can violate this law by passing a law that limits free speech or religion.

Another example is discrimination. Discrimination is wrong, but it only violates the Constitution if it can be attributed to state action. This means that a private person or company cannot violate the Constitution by discriminating against someone. Only the government can violate the Constitution by passing a law that discriminates against a group of people.

The state action requirement is important because it helps protect individual rights and limits the power of the government. It ensures that the government is held accountable for its actions and that individuals can seek justice when their rights are violated.