Season 6, Episode 20 (Show 282): Bigotry vs Bureaucracy: State Action and Private Freedom

June 11, 2026

Once again, actions that many consider repugnant provide an opportunity to discuss Akhil’s work on where the constitutional line between societal values and personal freedom lies, and how we can think about these matters in a broader context.

CLE Credit Available for this episode from podcast.njsba.com.

There’s some highly questionable behavior going on in an area of Missouri, where a fringe group seeks to establish a whites-only enclave.  Objectionable?  We think so.  Unconstitutional?  Therein lies an opening to a whole host of questions.  Government action versus private action.  When is private action beyond private purview?  When does state action overlap into private domains, and where are the lines?  Where do these rules come from?  How can we think about new issues that may arise?  Akhil has thought about this, and written about it, so now we offer you a framework to think about such questions as they arise, now and in the future.  And, sadly, a giant was lost this week.  We offer some thoughts, with more to come.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)