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Constitutional "State Action" explained by Attorney Steve®
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In this episode of "mini" Litigation Whiteboard® Attorney Steve® discusses the concept of "state action" and provides a couple of examples. Before you can sue someone for "infringing or violating your constitutional rights" there needs to be "state action." That means, a Plaintiff (as a basic "standing" requirement) will need to prove there is some kind of government involvement, entanglement, symbiotic relationship or other nexus to local (city, town), state (ex. California) or Federal (ex. congressional law that violates the constitution or the bill of rights). This can include claims of first amendment (which includes freedom of the press, assembly, speech and even the freedom "not to speak" (think loyalty pledges or forced prayer).
Private actors are allowed to violate your constitutional rights because the constitution does not apply to a solely private actor (such as a gym, restaurant, or many social media companies like twitter, facebook, instagram and YouTube).
So, this video will give you the basic of what you need to know by IP and copyright lawyer Steven C. Vondran, Esq. If you like this video, make sure to SUBSCRIBE!
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