Cite as: 531 U. S. 288 (2001)
Thomas, J., dissenting
courts of course must place the burden of persuasion on the plaintiff, not the defendant, because state action is an element of a § 1983 claim. American Mfrs., 526 U. S., at 49-50; West v. Atkins, 487 U. S. 42, 48 (1988).
The TSSAA has not performed a function that has been "traditionally exclusively reserved to the State." Jackson v. Metropolitan Edison Co., 419 U. S. 345, 352 (1974). The organization of interscholastic sports is neither a traditional nor an exclusive public function of the States. Widespread organization and administration of interscholastic contests by schools did not begin until the 20th century. See M. Lee, A History of Physical Education and Sports in the U. S. A. 73 (1983) (explaining that what little interscholastic athletics there was in the 19th century "came almost entirely in the closing decade of the century and was largely pupil inspired, pupil controlled, and pupil coached"); id., at 68, 146 (stating that no control of high school sports occurred until 1896, when a group of teachers in Wisconsin set up a committee to control such contests, and pointing out that "[i]t was several years before the idea caught on in other states"). Certainly, in Tennessee, the State did not even show an interest in interscholastic athletics until 47 years after the TSSAA had been in existence and had been orchestrating athletic contests throughout the State. Even then, the State Board of Education merely acquiesced in the TSSAA's actions and did not assume the role of regulating interscholastic athletics. Cf. Blum, 457 U. S., at 1004-1005 ("Mere approval of or acquiescence in the initiatives of a private party is not sufficient to justify holding the State responsible for those initiatives . . ."); see also Flagg Bros., Inc. v. Brooks, 436 U. S. 149, 164-165 (1978). The TSSAA no doubt serves the public, particularly the public schools, but the mere provision of a service to the public does not render such provision a traditional and exclusive public function. See Rendell-Baker v. Kohn, 457 U. S. 830, 842 (1982).
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