> some level of discretionary public funding

That's going to be everything.

Is there a categorical difference between, say UVA, and Harvard? Arguably Harvard takes much more federal funding than UVA.

How about a local dance studio that got $160,000 in federal loans to keep it afloat during COVID pandemic?

There is a categorical difference between UVA and Harvard. Harvard competes for federal grants on equal footing with all other research institutions. UVA is a permanent line-item on the Virginia state budget. They are treated as legally distinct for that reason and it means UVA is subject to all the restrictions placed on governments but not private actors and Harvard is not except where a restriction is explicitly written into the conditions of accepting funding (i.e. how the federal government sidesteps state sovereignty to enforce a national drinking age).

Try it in court. Who cares about the hypotheticals or the line? Well I mean, I don't. That's the beauty of it, you don't really need to have strong opinions on anything, just the ability to make an argument that is convenient for you and persuasive to a judge.

The extent of consensus, for me, is understanding what reality can match the arbiters that matter. So I don't really have a fixed world view on much of anything. (sidenote: I'd probably be a decent lawyer, but software earns so much more without any licenses needed.)

> Who cares about the hypotheticals or the line?

Well, for one, anyone administering anything IRL. You're a programmer, so you're not really responsible for much besides your own code. If you were a school principal (or a dance studio runner), knowing where the line exists (or is "liable to exist") BEFORE having to walk into court is important. A legal battle is not as easily ninja'd out as println debugging.

correct its good for the principle to not make kneejerk decisions, and it gives them ammunition against kneejerk parents or a board.

ideally their local counsel knows better too.

the best action in inaction.

all they have to do is do nothing. let the student represent whatever values the student wants in most circumstances.