Rendell-Baker et al. v. Kohn et al.

Opinion summary

Etalia.ai summary of the majority opinion

The Rendell-Baker v. Kohn case in 1981 involved a private school that received public funding and dismissed several employees who then sued, claiming their First Amendment rights were violated. The Supreme Court ruled in favor of the school, stating that it was not acting as a state actor despite receiving government funds. Therefore, its actions did not constitute state action subject to constitutional constraints. The court reasoned that the source of funding does not necessarily convert a private entity into a governmental one; rather, it depends on whether there is such significant encouragement or involvement from the state that would justify treating an activity as being conducted by the State itself.

Dissent summary

Etalia.ai summary of the dissenting opinions

In the dissenting opinion for Rendell-Baker v. Kohn, Justice Thurgood Marshall argued that the majority's decision to not consider a private school as a state actor was incorrect. He believed that because the school received significant public funding and performed a public function, it should be subject to constitutional restrictions on its actions. Furthermore, he contended that by dismissing teachers based on their exercise of free speech rights, the school violated those constitutional protections. The fact that these dismissals were made under an ostensibly private authority did not exempt them from scrutiny under the First Amendment or Fourteenth Amendment due process clause in his view.

Opinion written by Justice Burger

Decided 25 Jun 1982 · Official report

usrep457830.pdfOpen in a new tab

Oral argument transcript

Argued 19 Apr 1982

80-2102_04-19-1982.pdfOpen in a new tab