Oh! They're all about following the "constitution" when it's expedient for them. Not when it's about guns or speech though.
Oh! They're all about following the "constitution" when it's expedient for them. Not when it's about guns or speech though.
On the surface you'd think that charter schools wouldn't fall under the legal requirements they were sued for violating. You have to scroll pretty far through the article to this:
The most significant holding is the decision's conclusion that charter schools are "state actors" subject to the Constitution. The Constitution only binds the government. The Supreme Court has said private entities can be sued for constitutional violations, however, if the private entity is doing the government's bidding. The idea is to prevent the government from using nonprofit or private sector proxies to violate the Constitution.
The standard is high, however. A state actor is an entity performing some function that the government traditionally and exclusively exercises.
North Carolina charters count as state actors because they take taxpayer dollars, are designated as public schools, and exercise the state function of education, the majority opinion said.
At least three federal appeals courts have rejected claims that charter or specialty schools are state actors. That split is likely to attract the attention of the Supreme Court. In recent years the Supreme Court has defined state actors narrowly, emphasizing that "very few" actions elevate a private entity to a state actor in a 2019 case involving public access television.
On the surface you'd think that charter schools wouldn't fall under the legal requirements they were sued for violating. You have to scroll pretty far through the article to this:
>
The most significant holding is the decision's conclusion that charter schools are "state actors" subject to the Constitution. The Constitution only binds the government. The Supreme Court has said private entities can be sued for constitutional violations, however, if the private entity is doing the government's bidding. The idea is to prevent the government from using nonprofit or private sector proxies to violate the Constitution.
>
The standard is high, however. A state actor is an entity performing some function that the government traditionally and exclusively exercises.
>
North Carolina charters count as state actors because they take taxpayer dollars, are designated as public schools, and exercise the state function of education, the majority opinion said.
>
At least three federal appeals courts have rejected claims that charter or specialty schools are state actors. That split is likely to attract the attention of the Supreme Court. In recent years the Supreme Court has defined state actors narrowly, emphasizing that "very few" actions elevate a private entity to a state actor in a 2019 case involving public access television.
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