it is a decision written by justice miller, and folkestone unexpected from the court. i am suggesting that within clearly defined towns, the court is not hot file -- hostile. the rights theory that the federal government is using in 1884 that they had been using for the previous 4, 5 years this is the right theory that traces back to cruickshank. this is the rights theory that traces back to bradley and his 1874 opinion. this 1874 opinion is complicated. sets the stage for the civil rights cases. the civil rights cases, that 1883 opinion, this is the opinion that involves exclusions from a public accommodations. this is the opinion that is conventionally understood as consolidating this abandonment of blacks and giving this very narrow definition of state action doctrine. strikes down the public accommodations provision of the civil rights act of 1875. it is about the exclusion from public accommodations. this is not a separate but equal case. we do not see separate but equal laws until the 1890's. there are two things i want to call attention to in the civil rights ca