Background Information by Mary Minow rev. This article is an attempt to help explain what these terms mean, and why they are important to libraries that offer the Internet to their patrons.
State action means government action such as laws, regulations, ordinances etc.
This is the absolute starting point in any First Amendment challenge. When a parent, a video store, a motion picture industry, or any private party, chooses to restrict speech, that is their prerogative. When a private Cyber Cafe or a parent uses filters, there is no First Amendment violation. Less clear are actions by library directors. Not all speech enjoys equal protection under the Constitution.