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In the brentwood academy v. tennessee secondary school athletic association case TSSAA The Court determined that the sport-association could be sued as a state actor because its actions and history were "entangled" with state action.
Before deciding any First Amendment law issues, the Court had to first determine whether TSSAA was a state entity and thus whether the First Amendment applied. "The nominally private character of the Association is overborne by the pervasive entwinement of public institutions and public officials in its composition and workings, and there is no substantial reason to claim unfairness in applying constitutional standards to it," Justice Souter wrote for the five-justice majority. The Tennessee Secondary School Athletic Association (TSSAA) is a non-profit membership corporation organized to regulate interscholastic sports among its members (a large portion of Tennessee's public and private high schools).The state's Board of Education recognized the association's role in regulating interscholastic competition in public schools in the case.
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