Okay.
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http://constitution.findlaw.com/amendment9.html
http://www.constitution.org/fed/federa84.htm
To wit —
STATE ACTION:
In my opinion, the Court can easily find an exception to the State Action Doctrine because Blizzard is “managing private property.” An analogy could be made to the case of Marsh v. Alabama (326 U.S. 501). In that case the court stated that, “the more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the constitutional and statutory rights of those who use it.”
The fact that Blizzard has “for its benefit” opened up their “property” for use by 11.5 million persons indicates that Blizzard’s rights are sufficiently “circumscribed by the Constitutional rights of those who use it.”
Erwin Chemerinsky, Constitutional Law: Principles and Policies, 3d., (New York: Aspen Publishers, 2006), 520 (citing Marsh).
Further the court states that, “When we balance the Constitutional rights of owners of property against those of the people…as we must here, we remain mindful that the latter occupy a preferred position.”
Erwin Chemerinsky, Constitutional Law: Principles and Policies, 3d., (New York: Aspen Publishers, 2006), 520 (citing Marsh).
This language has never been expressly overruled. Chemerinsky.
Thus, the Supreme Court should find that Blizzard is violating the Constitution, because of its violation of the people’s Constitutional right to privacy under the Ninth Amendment.