{"id":30885,"date":"2024-07-25T15:47:41","date_gmt":"2024-07-25T20:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/first-amendment-state-action-doctrine.html"},"modified":"2024-07-25T15:54:53","modified_gmt":"2024-07-25T20:54:53","slug":"first-amendment-state-action-doctrine","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/first-amendment-state-action-doctrine.html","title":{"rendered":"First Amendment State Action Doctrine"},"content":{"rendered":"\n
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First Amendment State Action Doctrine<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Our First Amendment rights are generally protected from government action that intrudes upon them, known as "state action." In this article, we explore the state action doctrine and the limited circumstances under which private action can be considered state action subject to First Amendment constraints.<\/p>\n\n <\/div>\n\n

The First Amendment<\/a> protects our free speech<\/a> rights, amongst others. The First Amendment to the U.S. Constitution reads:<\/p>\r\n

\u201cCongress shall make no law respecting\u2026prohibiting\u2026abridging\u2026\u201d our freedoms of speech, religion, press, assembly, and petition."<\/i><\/p>\r\n

This language prohibits Congress<\/a> and our federal legislature from enacting laws that restrict these freedoms. The U.S. Supreme Court<\/a> interprets this prohibition on federal government power to extend to state and local government through the incorporation doctrine and the Fourteenth Amendment<\/a>. The Fourteenth Amendment reads, in relevant part:<\/p>\r\n

\u201cNo State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.\u201d<\/i><\/p>\r\n

Therefore, the Fourteenth Amendment<\/a> secures these protections at the state level, and the Fifth Amendment<\/a> secures them at the federal level.<\/p>\r\n

What Is State Action?<\/h2>\r\n

Supreme Court precedent<\/a> has established that the First Amendment’s prohibition on government regulation extends to all federal, state, and local government agencies. We often refer to this type of government action as "state action."<\/p>\r\n

Our First Amendment and other constitutional rights are generally protected from state action of any type and at any level that intrudes upon these freedoms. This is known as the state action doctrine.<\/p>\r\n

Does the First Amendment Apply to Private Action?<\/h2>\r\n

The First Amendment generally applies to government<\/i> actions restricting private speech or expression with some exceptions, such as:<\/p>\r\n