GOVERNMENTAL-FUNCTION THEORY

governmental-function theory.Constitutional law. A principle by which private conduct is

characterized as state action, esp. for due-process and equal-protection purposes, when a private

party is exercising a public function. • Under this theory, for example, a political party (which is a

private entity) cannot exclude voters from primary elections on the basis of race. — Also termed

public-function rationale. [Cases: Civil Rights 1326(4, 7); Constitutional Law 213(4), 254(4).

C.J.S. Civil Rights §§ 92–94; Constitutional Law §§ 705, 719, 954–958.] [Blacks Law 8^th]