Legal Considerations of Institutions Surrounding Student Activism

Abstract

Student activism raises many legal issues for institutions. Many of these issues concern schools' attempts to control or respond to student activists, but institutions must also be wary of the legal implications of their actions and policies aimed at the targets of student activism. In a world of sometimes-competing rights, institutions must balance often-conflicting considerations surrounding student activism. These considerations are multiplied for institutions accepting government funding and even more so for public colleges and universities. This chapter presents a basic framework of the legal issues institutions face surrounding student activism, the current state of the law on those issues, and legal trends, in an effort to help institutions protect their students and themselves while harnessing the learning and development opportunities student activism presents.