From: "Declan B. McCullagh" <declan+@CMU.EDU>
Date: Mon, 18 Dec 1995 09:45:21 +0800
To: cypherpunks@toad.com
Subject: Re: Is ths legal?...
In-Reply-To: <2.2b7.32.19951217205443.008a13f0@mail.teleport.com>
Message-ID: <ckp8qg_00bkNQ1VJVI@andrew.cmu.edu>
MIME-Version: 1.0
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Excerpts from internet.cypherpunks: 17-Dec-95 Re: Is ths legal?... by
Alan Olsen@teleport.com 
> In looking at their homepage, it appears to be a state funded school.
> (There is not alot of background on the school history or affiliations on
> their homepage except for a note that it was founded by the territorial
> legislature a number of years before becoming a state..)

My understanding is that it is a state school. But for state action to
be present, there has to be a significant interdependent relationship
constituting a nexus of state action between the state and the
university. Like administrators being appointed by agents of the state
government.

State funding by itself is not sufficient. If that were true, CMU --
which receives almost half its revenue from the government -- would have
to behave reasonably. (It doesn't; check out
http://joc.mit.edu/~joc/cmu.html)

-Declan
(not a lawyer)