The Sconi

Apr 9, 2024

The Wisconsin Institute for Law & Liberty (WILL) has issued a response to the recent actions of the Wisconsin State Bar regarding a settlement reached between the two parties. WILL President and General Counsel, Rick Esenberg, expressed strong concerns about the State Bar's stance on race and media intimidation.

Esenberg criticized the State Bar's announcement that race will continue to be a factor in their program despite the settlement agreement, calling it illegal and a breach of the agreement. He asserted, "It is impermissible and, frankly, offensive to equate race with an individual’s characteristics."

Furthermore, Esenberg highlighted the State Bar's attempt to intimidate a member of the media for reporting WILL's perspective on the settlement. He emphasized the importance of upholding the principles of a free press and stated, "The First Amendment demands much more. If we are to have a free press, as guaranteed by the Constitution, then State Bar employees may not bully and intimidate reporters, as they have here."

The incident of media intimidation was brought to light by the Wisconsin Law Journal, where managing editor Steve Schuster revealed that the State Bar had demanded the removal of a story that included WILL's position on the settlement. This action was condemned by WILL, emphasizing the need to protect freedom of the press.

In response to these developments, WILL has expressed its commitment to holding the State Bar accountable for its actions. Esenberg also raised concerns about the State Bar's conduct, stating, "As a matter of civility – and perhaps even law – it shouldn’t be intimidating legal or media publications."

As the situation unfolds, the conflict between WILL and the Wisconsin State Bar raises important questions about racial discrimination and media freedom within the legal profession.