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The basic rule is that state action exists if the dispute is tort-related or if the rights arise from a state statute, but does not exist if the dispute arises from a contractual relationship or involves common-law property rights, unless a non-judicial state actor is involved or if racial discrimination is implicated. [If you want a way to make Shelley seem less weird, Carol Rose has a great explanation of why enforcing some contracts implicates the state in unconstitutional positions, e.g., that racial discrimination is acceptable

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These patterns are in agreement with prior studies showing that the public thinks that additives are the main source of harm from cigarettes, 35 is skeptical of organic claims, and has a hard time interpreting them

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