New Bar policy raises concern

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Some State Bar of Wisconsin members are crying foul over a policy they say violates free speech at organization events.

Bar leadership endorsed the policy, which regulates vendors, to prevent political lobbyists or activists from invading State Bar-sponsored events such as the Continuing Legal Education institutes.

But Doug Kammer, past bar president, said he opposes the policy, adopted June 8, because it could infringe on the rights of members, who are required to pay mandatory dues, to use bar events as a platform. Some of those members, he said, could be campaigning for State Bar offices.

“The theory behind this is that someone would show up for some political purpose, but it didn’t happen,” he said. “Now it could limit the free speech of the membership.”

That is not the intention, said David Pelletier, Continuing Legal Education Committee chairman.

This year the bar abandoned its annual convention in favor of a series of practice-specific institutes. The purpose of the policy, Pelletier said, is to ensure vendors at those institutes promote products relevant to the type of programming. The June 8-9 institute, for instance, focused on business and real estate law.

There have not been any incidents involving improper use of exhibit hall space in the past, Pelletier said, but the policy was drafted to guide staff members should the situation arise.

“Truly the impetus for this wasn’t to control political speech,” he said, “or to try and clamp down on people engaging in political activities at these events.”

But that could be an unintended consequence, said Madison attorney Jim Troupis, who frequently works on First Amendment cases.

The bar has a right to approve and monitor vendors who occupy exhibit space at events, he said. But as a mandatory organization, the bar also has to be careful not to silence the membership.

“There should be nothing,” he said, “that restricts the free flow of speech by members.” According to the policy, the bar reserves the right to deny exhibit space to vendors promoting goods or services that conflict with the interest of the bar. According to the policy, staff members can shut down a booth or exhibit, remove any nonconforming materials and refuse future space for the exhibitor.

Troupis said the policy is correct in that it rightfully attempts to maintain a neutral political approach.

“I think anything the bar does to continue to maintain a nonpartisan approach is really important,” he said, “especially in these times.”

But Kammer said opening the door to everyone would be equally nonpartisan.

“Taking sides and making selections I think is wrong,” he said. “I think this is a bad idea and a dangerous place for us to go.”

Jack Zemlicka can be reached at [email protected].