But I just want to point out a grey area: Where a private company is allowed to act a certain way via a government.
I live in a snowy area. Which means regular plowing/snowblowing during the winter months. A local company started throwing "newspapers" (read: ads) onto everyone's driveway. These were rolled up paper in a plastic bag. They were distributed late in the evenings often getting buried by snow by the following morning, and then clog up or are thrown by snowblowers (and wind up in the streets causing littering, etc).
In theory this is a civil issue between this private company and the property owner ("littering"). But in reality the local government green lit this, they made a specific exception for these ad companies to essentially liter on every resident's property, and because it is legal a lawsuit would likely be unsuccessful (at least until they cause property damage).
So while constitutionality often only applies to government, we're slipping into a situation where private companies are allowed to do things by government and the constitution doesn't work either against the government (because the company did it) or the company (because the government allowed it).
But I just want to point out a grey area: Where a private company is allowed to act a certain way via a government.
I live in a snowy area. Which means regular plowing/snowblowing during the winter months. A local company started throwing "newspapers" (read: ads) onto everyone's driveway. These were rolled up paper in a plastic bag. They were distributed late in the evenings often getting buried by snow by the following morning, and then clog up or are thrown by snowblowers (and wind up in the streets causing littering, etc).
In theory this is a civil issue between this private company and the property owner ("littering"). But in reality the local government green lit this, they made a specific exception for these ad companies to essentially liter on every resident's property, and because it is legal a lawsuit would likely be unsuccessful (at least until they cause property damage).
So while constitutionality often only applies to government, we're slipping into a situation where private companies are allowed to do things by government and the constitution doesn't work either against the government (because the company did it) or the company (because the government allowed it).