The conflict between authoritarianism and democracy is almost nowhere more obvious than in the controversial area of student rights. In loco parentis, long an integral part of educational practice, is no longer an accepted role for educators to assume toward students. Directly counter to in loco parentis is the concept of due process of law for students. This review of the literature examines the key court decisions establishing such civil liberties for students as First Amendment rights, freedom from unreasonable search and seizure, the right of students to examine their records, equal treatment for handicapped students, and freedom from discrimination on the basis of race or sex. In regard to student rights, the school administrator's position is not an enviable one. The ambiguity surrounding the student rights controversy makes hard and fast answers difficult to come by. But the schools can become the setting for achieving balance between the opposing forces evident in both the student rights controversy and in the society as a whole. (Author)