The Issue of Qualified Immunity

Qualified immunity, a judicial doctrine that frequently protects police officers from accountability for violating rights, also shields university officials from consequences for infringing on free speech rights. The focus on qualified immunity has primarily been on police, but recent cases involving violations by high school administrators have highlighted the need to examine immunity for other public officials. Qualified immunity, which was originally meant to apply to police misconduct, now extends to government officials in all contexts. Given the Supreme Court's strong record on First Amendment cases, challenging qualified immunity for university officials could lead to better protection of free speech rights on campuses.