A private university owned and operated by a religious organization receives state accreditation and 25 percent of its budget from state funds. A professor, while employed part-time, writes a column criticizing religion and is subsequently fired for the column. The professor sues claiming a violation of freedom of speech. The court should hold that:

A private university owned and operated by a religious organization receives state accreditation and 25 percent of its budget from state funds. A professor, while employed part-time, writes a column criticizing religion and is subsequently fired for the column. The professor sues claiming a violation of freedom of speech. The court should hold that:

• A. The university’s discharge violated the First Amendment as applied to private employers
• B. The discharge did not constitute state action, so Fourteenth Amendment protections do not apply
• C. Accreditation and partial state funding render the university a state actor
• D. The Constitution provides a general constitutional right to speak regardless of employer status

Answer: (B)

The key principle is that the First Amendment and the Fourteenth Amendment limit government action, not private employers. A private university—even one run by a religious organization and even with state accreditation and partial funding—remains a private actor. For state action to be found, there must be substantial government involvement or coercive influence that effectively makes the private entity perform a government function. Accreditation and partial funding alone do not transform the university into a state actor. Therefore, firing a professor by a private employer does not trigger Fourteenth Amendment protections, and the speech claim under the Constitution would fail. Accreditation by a private body and receiving some state funds do not by themselves convert private conduct into government action. The First Amendment restricts government actors, not private employers. The constitutional right to speak does not guarantee protection against termination by a private employer.

The key principle is that the First Amendment and the Fourteenth Amendment limit government action, not private employers. A private university—even one run by a religious organization and even with state accreditation and partial funding—remains a private actor. For state action to be found, there must be substantial government involvement or coercive influence that effectively makes the private entity perform a government function. Accreditation and partial funding alone do not transform the university into a state actor. Therefore, firing a professor by a private employer does not trigger Fourteenth Amendment protections, and the speech claim under the Constitution would fail.

Accreditation by a private body and receiving some state funds do not by themselves convert private conduct into government action. The First Amendment restricts government actors, not private employers. The constitutional right to speak does not guarantee protection against termination by a private employer.