- Private businesses open to the public are generally not state actors.
- A privately owned business that does not exercise any powers traditionally and exclusively held by the government is not a state actor.
- Large businesses open to the public are not functionally equivalent to municipalities.
- From this case: a private shopping mall prohibited union members form picketing.
- THe mall was held to not be a state actor.
- Therefore, the pickets didn't have a 1st Amendment right to protest on teh mall's property.