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Mark McEathron's avatar

This makes me wonder where the line is between being a "State Actor" (where Constitutional protections are lost) and a private entity.

SCOTUS has said that the line typical is when an entity is engaging in acts "traditionally reserved to government".

Would paying informants to commit crimes, for prosecution of an organization, be something "traditionally reserved to government"? Especially under the association with the FBI...

This seems to fall under the policing powers of the executive branch.

I wonder if this does bridge that gap, then what constitutional protections does that remove from the SPLC. I imagine it makes all of their records public domain at the very least...

Oscar Moseley III's avatar

I have so many more questions that I don't have a opinion yet. For me, the central question is what is entrapment? If an entity funds a group with the expressed intent of planning and excecuting crimes, is that legal and defensible or is it prodding the commission of crimes that otherwise would not have been committed? Is this yet another example of using funds to manufacture events to serve the purposes of others? Who profits? Is the FBI complicit if the SPLC improperly infiltrated and coaxed these organizations to commit crimes given their past relationships? I'm conflicted and have many biases so I eagerly anticipate the evidence and ruling of this case.

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