McADAMS v. MARQUETTE UNIVERSITY

No. 2017AP1240.

914 N.W.2d 708 (2018)

2018 WI 88

John McADAMS, Plaintiff-Appellant, v. MARQUETTE UNIVERSITY, Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: July 6, 2018.


Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs (in the court of appeals) by Richard M. Esenberg , Brian McGrath , Clyde Taylor , Thomas C. Kamenick , and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg.

For the defendant-respondent, there was a brief (in the court of appeals) by Stephen T. Trigg , Ralph A. Weber , and Gass Weber Mullins LLC, Milwaukee. There was an oral argument by Ralph A. Weber.

An amicus curiae brief was filed on behalf of Law and University Professors and Academics by Bernardo Cueto and Great Lakes Justice Center, La Crosse, with whom on the brief were Erin Elizabeth Mersino and Great Lakes Justice Center, Lansing, Michigan.

An amicus curiae brief was filed on behalf of Association of Jesuit Colleges and Universities by Thomas L. Shriner, Jr. , Aaron R. Wegrzyn , and Foley & Lardner LLP, Milwaukee.

An amicus curiae brief was filed on behalf of the State of Wisconsin by Ryan J. Walsh , chief deputy solicitor general, with whom on the brief were Brad D. Schimel , attorney general, and Amy C. Miller , assistant solicitor general.

An amicus curiae brief was filed on behalf of American Association of University Professors by Frederick Perillo and The Previant Law Firm, S.C., Milwaukee, with whom on the brief were Risa L. Lieberwitz and American Association of University Professors, and Aaron M. Nisenson , Nancy A. Long , and American Association of University Professors, Washington, D.C.

An amicus curiae brief was filed on behalf of Metropolitan Milwaukee Association of Commerce by Michael B. Apfeld and Godfrey & Kahn, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of Thomas More Society by Andrew Bath, Esq. and Thomas More Society, Chicago, Illinois.

An amicus curiae brief was filed on behalf of The National Association of Scholars, Edward J. Erler, Duke Pesta, and Mark Zunac by James R. Troupis and Troupis Law Office, Cross Plains, with whom on the brief was Kenneth Chesebro , Cambridge, Massachusetts.

An amicus curiae brief was filed on behalf of the Wisconsin Association of Independent Colleges and Universities by Andrew A. Hitt , Michelle L. Dama , and Michael Best & Friedrich LLP, Madison.

An amicus curiae brief was filed on behalf of National Association of Manufacturers by Bryan J. Cahill , Michael B. Apfeld , and Godfrey & Kahn, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of University Academic Senate of Marquette University by Amy L. MacArdy and Reinhart Boerner Van Deuren S.C., Milwaukee.


¶ 1 Marquette University suspended a tenured faculty member because of a blog post criticizing an encounter between an instructor and a student. Dr. John McAdams took exception to his suspension, and brought a claim against the University for breach of contract. He asserts that the contract guarantees to him the right to be...

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