[some_guy_there]

(Just a clarification on your example, I have no argument to make whether private entities should have restrictions placed on them.)

The New Saigon initiative would be deemed by courts to have sufficient nexus with State power such that they act as an extension of state themselves. Such institutions and charter aren't uncommon in US. Most school districts are governed usually by kind of law you outlined. Under settled law, public schools act as arm of government, thus have same restriction on them as any other governmental entity has.

And before you come up with more contrived example, one has to keep in mind that laws are enforced by judges, who can usually see past complicated structure to determine what would be extension of government and what would not be.

[einhverfr]

Right, but "by courts" means "by our courts." It doesn't suppose that a different system might have different boundaries, right?

Here in Indonesia, for example, there's no civil marriage. A marriage is not legally valid unless it is also a religious marriage. Obviously that wouldn't be appropriate in the States, but I would be annoyed if Americans were to say that had to be changed.

This all matters a great deal because we are talking about cross-cultural critiques here and the argument over whether it is a problem that India doesn't draw the same lines as the US.