The Wisconsin Institute for Law and Liberty (WILL) is a right-of-center public interest law firm that specializes in cases pertaining to free speech, workers’ freedom, open government, good government, and individual rights. In 2013, WILL established a policy team to advance public policy that supports conservative principles. ¹

WILL is an affiliate of the State Policy Network, a coalition of free-market state-level policy organizations. ²

Activities

The Wisconsin Institute for Law and Liberty (WILL) is a conservative public interest law firm that specializes in cases pertaining to free speech, workers’ freedom, open government, good government, and individual rights. ¹

WILL takes on cases in support of individual liberty protections. As of 2021, WILL’s cases included challenging Milwaukee Public Schools’ union leave policy, claiming the policy amounts to compelled speech and violates the Constitution; issuing a notice of claim along with Alliance Defending Freedom to the Kettle Moraine School District, claiming that parents’ constitutional rights were violated by a policy that allows students to change their gender identity at school; and a lawsuit against the Wisconsin Department of Corrections (DOC), claiming the DOC’s visitor policy was unconstitutional because it prevented in-person clergy visits. ³

WILL has taken cases which advocate in favor of school choice and parental freedom, having twice won cases against the Wisconsin Department of Public Instruction (DPI) in matters of school choice as of 2021. In 2020, along with Heritage Christian Schools and School Choice Wisconsin Action, WILL successfully sued DPI over a policy that prevented a family from enrolling in the Wisconsin Parental Choice Program, the statewide voucher program. In 2019, WILL sued DPI for illegally denying private schools the ability to use online, virtual learning as part of qualifying classroom instruction time. ⁴

WILL takes on cases that support constitutional government, federalism, and the separation of powers. As of 2021, WILL’s cases included challenging the Wisconsin Elections Commission on the legality of ballot drop boxes for absentee voting; issuing a notice of claim to the Town of Buchanan, claiming its “transportation utility fee” is an unlawful tax and should be eliminated; and arguing in Polk County Circuit Court that emergency powers cannot be used by governors multiple times to address the same crisis. ⁵

In 2013, EILL established a policy team to advance public policy that supports conservative principles. WILL advocates for the expansion of school choice in Wisconsin and supported initiatives to remove barriers for students from the 2015 Special Needs Scholarship Program. In 2020, WILL successfully advocated to change the Environmental Protection Agency (EPA)’s designation of air quality zones in several Wisconsin counties, claiming the federal designations negatively impacted businesses. ¹

In 2016, WILL launched the Center for Competitive Federalism, to focus on federal government overreach and to advocate for state powers. ⁶

In 2025, WILL represented Moms for Liberty activist Scarlett Johnson to appeal a previous lawsuit filed against Johnson following posts she had previously made on X (formerly Twitter) and Facebook criticizing her Wisconsin state school district for having a ““social justice coordinator” as well as calling those with such positions as being “woke.” In response, a defamation lawsuit was filed against her and eventually went to trial, with WILL representing Johnson. By October 2025, the Wisconsin Court of Appeals ruled in favor of WILL and Johnson and supported WILL’s argument that “Scarlett’s posts were statements of opinion that are not provably false and therefore cannot be defamatory,” as well as agreeing woth WILL that “a defamation trial would have violated Scarlett’s First Amendment rights.” ⁷ WILL deputy counsel responded to the ruling by stating “Scarlett, like all of us, has the right to question and criticize her government. The defamation lawsuit against her was meritless and should have been promptly dismissed. We are pleased that the Court agreed and that Scarlett can put this distraction behind her.” ⁷

Funding

The Wisconsin Institute for Law and Liberty (WILL) is funded by donations from individuals, foundations, and corporations. While WILL does not disclose its donors, tax filings show donations from the Kern Family Foundation ($434,500 in 2018), ⁸ the Lynde and Harry Bradley Foundation ($300,000 in 2018), ⁹  and the Walton Family Foundation ($285,000 in 2018). ¹⁰

Leadership

Rick Esenberg is the founder, president, and general counsel of the Wisconsin Institute for Law & Liberty (WILL). ¹¹

Kyle Koenen is the policy director at WILL. Koenen formerly served as chief of staff to former state Senate President Chris Kapenga (R-Delafield) and as a regional director for the Republican Party of Wisconsin. ¹¹

Adam Hoffer is a Bradley Freedom Fellow at WILL and the director of the Menard Family Midwest Initiative for Economic Engagement and Research. Hoffer sits on the policy advisory board of the Heartland Institute and is a research scholar at the Mercatus Center. ¹¹

Board of Directors

James Barry is the chair of the board of WILL, the founding chair of the Milwaukee Lawyers Chapter of the Federalist Society, and the former chair of the Public Policy Forum of Milwaukee. ¹²

Michael Grebe is the chair of the Bradley Impact Fund. Grebe formerly worked as president and CEO of the Lynde and Harry Bradley Foundation and has sat on the boards of Philanthropy Roundtable and the Hoover Institution. ¹³

1. “What We Do.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/what-we-do/.
2.  “The Network: Wisconsin.” State Policy Network, 2021. Accessed July 21, 2021. https://spn.org/directory/#WI.
3. “Individual Liberties.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/individual-liberties/.
4. “Education Reform.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/education-reform/.
5. “Constitutional Government and Rule of Law.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/constitutional-government-and-rule-of-law/.
6. Beckett, Andrew. “Conservatives launch Center for Competitive Federalism.” Wisconsin Radio Network, July 11, 2016. Accessed August 2, 2021. https://www.wrn.com/2016/07/conservatives-launch-center-for-competitive-federalism/.
7. “Moms For Liberty Activist Scarlett Johnson Wins Her Appeal.” Wisconsin Institute for Law and Liberty, accessed November 3, 2025. https://will-law.org/moms-for-liberty-activist-scarlett-johnson-wins-her-appeal/
8.  The Robert D. and Patricia E. Kern Family Foundation, Inc., Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
9. Lynde and Harry Bradley Foundation, Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
10.   Walton Family Foundation Inc, Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
11. “Our Team.” Wisconsin Institute for Law & Liberty, 2020. Accessed July 28, 2021. https://will-law.org/our-team/.
12. “James T. Barry III, J.D., CCIM.” The Barry Company, 2016. Accessed July 28, 2021. https://barrycre.com/broker/james-t-barry-iii/.
13. “Michael W. Grebe.” Bradley Impact Fund, 2021. Accessed July 28, 2021. https://www.bradleyimpactfund.org/staff/michael-grebe.