2nd Circuit Crossed State Action Doctrine Line, PEG Petitioner Tells Supreme Court
The Supreme Court wants careful adherence to the “state action” doctrine, which separates purely private conduct from governmental action, but the 2nd U.S Circuit Court of Appeals "did not adhere -- let alone carefully," said Manhattan Community Access, aka Manhattan…
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Neighborhood Network (MNN), in a Supreme Court docket 17-1702 petitioner brief Tuesday. It said a 2nd Circuit decision earlier this year should be reversed since respondents haven't alleged MNN is a state actor under any Supreme Court tests for holding a private entity subject to the First Amendment. It said the 2nd Circuit's analysis on the pleadings "flies in the face of Supreme Court precedent" by determining public access channels are a constitutional public forum and thus its operators are state actors. Respondents didn't comment. The 2nd Circuit reversed a lower court dismissal of a suit brought by two public access content producers suing MNN and staffers for First Amendment violations after they were banned from MNN facilities. The appellate court concluded public access channels are public forums and MNN a state actor since it was designated by the Manhattan borough president to run the public access channels there (see 1810170027).