Introduction

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. TARKANIAN, decided by the U.S. Supreme Court on December 12, 1988, addresses the critical issue of whether a private association, specifically the NCAA, can be considered a state actor under the Fourteenth Amendment. This case involves Jerry Tarkanian, the head basketball coach at the University of Nevada, Las Vegas (UNLV), who was suspended based on findings by the NCAA's Committee on Infractions. The suspension led Tarkanian to sue the NCAA and UNLV, arguing a violation of his Fourteenth Amendment rights.

Summary of the Judgment

The Supreme Court held that the NCAA's actions did not constitute "state action" under the Fourteenth Amendment and were not performed "under color of" state law as required by 42 U.S.C. § 1983. Consequently, the NCAA could not be held liable for violating Tarkanian's constitutional rights. The Court emphasized that while UNLV, a state institution, was acting under color of state law in suspending Tarkanian, the NCAA remained a private entity and did not become a state actor merely through its influence over a state institution.

Analysis

Precedents Cited

The Court referenced several key cases to frame its analysis of state action:

• RENDELL-BAKER v. KOHN, 457 U.S. 830 (1982) – Established that state-action and § 1983 requirements are equivalent in certain contexts.
• LUGAR v. EDMONDSON OIL CO., 457 U.S. 922 (1982) – Clarified that state-created rules can attribute state action to private entities.
• ALLIED TUBE CONDUIT CORP. v. INDIAN HEAD, INC., 486 U.S. 492 (1988) – Affirmed that private associations do not gain state authority unless explicitly conferred.
• BATES v. STATE BAR OF ARIZONA, 433 U.S. 350 (1977) – Highlighted that private parties do not become state actors merely through their actions unless state authority is delegated.

Legal Reasoning

The Court applied a stringent test to determine state action, emphasizing that mere influence or association with a state entity does not equate to acting under state authority. The NCAA, as a private association with diverse members across various states, does not derive its legislative power from any single state, including Nevada. Furthermore, the NCAA does not possess governmental powers such as subpoena authority or the ability to directly discipline individuals; it can only recommend sanctions to member institutions like UNLV.

The Court also addressed the argument that UNLV's adherence to NCAA rules effectively transformed NCAA actions into state actions. It concluded that since UNLV retained the authority to withdraw from the NCAA and to set its own standards independently, the NCAA's involvement did not constitute state action.

Impact

This judgment has significant implications for private associations and their interactions with state entities. By clarifying that private organizations like the NCAA do not automatically become state actors through their influence or agreements with state institutions, the decision limits the scope of constitutional liability under the Fourteenth Amendment and § 1983. Future cases involving private associations and state institutions will reference this ruling to assess the extent of private entities' responsibilities concerning constitutional protections.

Complex Concepts Simplified

State Action

State action refers to actions taken by government entities or individuals acting on behalf of the government. For private parties, being a state actor requires a significant connection to the state, such as delegating governmental powers or closely tying their actions to state policies.

Under Color of Law

Acting under color of law means using governmental authority to commit wrongful acts. In legal terms, it implies that the individual or entity is using the power granted by the state to infringe on someone's rights.

42 U.S.C. § 1983

This statute provides a legal remedy for individuals whose constitutional rights have been violated by someone acting under color of state law. It is a key tool for enforcing civil rights protections in the United States.

Conclusion

The Supreme Court's decision in NCAA v. Tarkanian delineates the boundaries between private associations and state actions. By ruling that the NCAA does not constitute a state actor merely through its regulatory role over member institutions, the Court reinforces the principle that private entities retain their private status unless clearly acting on behalf of the state. This decision underscores the importance of maintaining clear distinctions between governmental and private powers, ensuring that constitutional protections under the Fourteenth Amendment and § 1983 are not inadvertently extended to private actions without appropriate legal justification.

Ultimately, NCAA v. Tarkanian serves as a pivotal precedent in understanding the limits of state action, particularly in contexts where private organizations wield significant influence over public institutions. It provides a framework for evaluating when private conduct may rise to the level of state action, thereby informing future judicial determinations in similar controversies.