Similarly, in other areas, this Court has recognized the close nexus between the Communist Party and violent overthrow of government.
'Effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association, as this Court has more than once recognized by remarking upon the close nexus between the freedoms of speech and assembly.
The close nexus between benefits and burdens that the Court now imposes on permit conditions creates an anomaly in the ordinary requirement that a State's exercise of its police power need be no more than rationally based.
there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself.
Citing our opinion in Jackson v. Metropolitan Edison Co., 419 U.S. 345, 351 (1974), the court viewed this response as establishing a sufficiently close "nexus" between the State and either the nursing homes or the URC's to justify treating their actions as those of the State itself.
Indeed, a federal appellate court in February just reaffirmed what many of us (including Barr himself) have been trying to point out - obstruction crimes are narrowly construed by the courts to establish a close "nexus" between the alleged misconduct and an official proceeding.
However, 1971 saw the start of a close nexus between Islamist organizations like the Jamaat e Islami and the Pakistani military with the Jamaat providing militias named Al Shams and Al Badr to terrorize and kill any Bengalis who did not side with West Pakistan.
The critical factor in determining the existence of state action is not governmental involvement with private persons or private corporations, but "the inquiry must be whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself".
Clarice Torrence, the union president there, said those days are "not something that any of us have forgotten, not at all". As for Kathy Nguyen, the years have not brought investigators any closer to the nexus between a diminutive hard-working immigrant and something fatal in the air.
"We have a very close nexus with New York," Mr. Casperson said.
