ABSTRACT
It is a truism of First Amendment doctrine that the constitutional free speech and press clauses are triggered only by state action. That is, unless state or federal governments take some affirmative steps to limit free expression, the protections of the First Amendment simply do not apply to the case. A corollary is that private actors’ attempts to curtail speech generally are not subject to constitutional challenge. Thus, for example, the First Amendment applies to laws passed by the New York state legislature that limit free speech, but not to the New York Times’s refusal to print the views of a particular political commentator. As one commentator noted, the state action doctrine essentially asks:
Under the Constitution, in what situations should government be held in some way responsible for harm inflicted by one person or entity (the wrongdoer) upon another person or entity (the victim)? For purposes of this question, the terms “responsible” and “harm” should receive a broad construction.1
