Bigotry vs Bureaucracy: State Action and Private Freedom

There’s some highly questionable behavior going on in an area of Missouri, where a fringe group seeks to establish a whites-only enclave.  Objectionable?  We think so.  Unconstitutional?  Therein lies an opening to a whole host of questions.  Government action versus private action.  When is private action beyond private purview?  When does state action overlap into private domains, and where are the lines?  Where do these rules come from?  How can we think about new issues that may arise?  Akhil has thought about this, and written about it, so now we offer you a framework to think about such questions as they arise, now and in the future.  And, sadly, a giant was lost this week.  We offer some thoughts, with more to come.  CLE credit is available for lawyers and judges from podcast.njsba.com.