Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Deputy Counsel, Wisconsin Institute for Law & Liberty
Luke joined WILL from the Wisconsin Department of Justice where he served for nearly four years as a Deputy Solicitor General and Assistant Attorney General.
Berg has argued nine cases before the Wisconsin Supreme Court and four before the Seventh Circuit, including one en banc argument. He graduated from the University of Wisconsin – Madison (B.S.) and New York University (J.D.) and served as a law clerk for Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit. Prior to joining the Wisconsin DOJ in 2015, Berg worked as an attorney for the Office of the Comptroller of Currency in Washington D.C.
Berg resides in Madison with his wife and three boys.
Managing Partner, Cramer Multhauf LLP
Attorney Matthew Fernholz focuses his practice on commercial litigation, trust and fiduciary disputes, business torts, trade secrets, non-compete agreements, defamation, and appellate work. In addition, he has developed one of the preeminent political and election law practices in the State of Wisconsin, and has handled several high-profile matters, from representing candidates for statewide office, successfully challenging the Governor’s emergency powers, arguing before the Wisconsin Elections Commission, and representing the Speaker of the Assembly.
Matthew frequently and successfully tries cases to verdict, and believes a lawyer unwilling to try a case should not take on a client in a litigation matter. In addition to this trial work, he has handled dozens of appeals, and countless dispositive motions.
His work has also been published in law review journals and newspapers alike.
General Counsel, FIRE
Ronnie came to FIRE after 25 years of private practice focused on First Amendment litigation and counseling clients on federal and state regulations affecting speech. His experience includes litigating cases involving constitutional and statutory protections for online intermediaries, police action against protestors and professional photographers, licensing and permitting of filming on federal lands, regulation of “indecent” broadcasts and adult content, and restrictions on commercial speech, as well as numerous Freedom of Information Act cases. Ronnie played a central role in his firm’s partnership with FIRE’s Stand Up for Speech Litigation Project.
Ronnie has served as National Chairman and President of the First Amendment Lawyers Association, and was selected to Thomson Reuters’ “Washington, D.C. Super Lawyers” in 2014-2021, named to the Capitol Pro Bono Honor Roll by the D.C. Appeals and Superior Courts, and granted the National Press Photographers Association Kenneth P. McLaughlin Award of Merit in 2014. He graduated cum laude from Georgetown University Law Center in 1995, after graduating summa cum laude from the University of Florida’s College of Journalism and Communications, where he was his department’s outstanding graduate in 1990. Ronnie is admitted to the D.C. and Maryland bars, the U.S. Supreme Court, virtually all federal Courts of Appeal, and a number of federal District Courts.
Attorney, Godfrey Kahn
Brian Spahn is an experienced litigator who focuses on complex commercial litigation, media law, and government/internal investigations. He helps businesses and organizations resolve disputes, often leading investigations that are necessary to gather facts and address issues before efficiently reaching a resolution.
Brian has assisted clients through both complex litigation, internal investigations as well as government enforcement actions. In addition, Brian defends media companies and individual journalists in lawsuits alleging defamation and invasion of privacy. He also advises media clients in pre-publication reviews as well as open meetings and public records issues.
Brian’s work includes successfully defending against a multimillion-dollar trade secret misappropriation case, a breach of contract claim brought against members of a failed investment vehicle, fraudulent transfer claims related to loans allegedly involved in a Ponzi scheme, as well as successfully defending against many defamation claims brought against both state and national media outlets.
Additionally, a significant part of Brian’s practice focuses on government investigations and corporate compliance issues. He routinely advises clients with respect to compliance policies including anti-bribery and corruption policies, supplier codes of conduct, and protocols for addressing and responding to government subpoenas and civil investigative demands.
Brian has been involved in numerous internal investigations working for municipalities, nonprofit organizations and corporate boards of directors and audit committees on issues ranging from employment matters to securities and corporate governance issues.
Before joining the firm in 2011, Brian practiced law for more than three years in Washington, D.C. He is licensed in Wisconsin, Illinois, and Washington, D.C. He also has a significant background working in Wisconsin government and politics. Prior to law school, Brian worked for U.S. Senator Herb Kohl.
Litigation Update: S.E. v. Grey
Kayla Ann Toney, Eugene Volokh
Encinitas Unified School District required two fifth-grade boys and their assigned kindergarten buddies to read...
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Split Eleventh Circuit Panel Enjoins Florida Obscenity Law: Does Florida’s Protection of Children Act Violate the Original Understanding of the Free Speech Clause?
A recent decision by a divided panel of the Eleventh Circuit is the latest misuse...
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Libby v. Fecteau: Supreme Court Blocks Maine House of Representatives from Punishing Members for Their Speech
Maine State Representative Laurel Libby made a Facebook post identifying a transgender athlete who had won...
The Original Meaning of 'Religion' in the First Amendment
Evansville Lawyers Chapter
Evansville, INPanel 1: Protected Speech or Actionable Defamation? A Review of the Current State of Free Speech Caselaw
2025 Wisconsin Chapters Conference
Pewaukee, WITopics
Using Public Accommodations Laws to Protect Religious Groups From Private Cancellation
A pioneering case charts how religious groups can harness the power of public accommodations laws...
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Big Tech and the Conservative Paradox
Last month may well be remembered as Big Tech’s Antitrust April. On Monday, April 14,...
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Supreme Court Justices Concerned about Religious Discrimination in Oklahoma’s Charter School Program
On Wednesday, April 30, 2025, the U.S. Supreme Court heard oral arguments in Oklahoma Statewide...
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Crowe v. Oregon State Bar: New Cert Petition Urges SCOTUS to Reconsider Keller’s Approval of Mandatory Bar Membership
Imagine being forced to join a political group whose public statements offend your beliefs, simply...
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The Ministerial Exception’s Unrealized Promise of Early and Straightforward Resolution of Church Autonomy Matters
The ministerial exception in employment cases is a subpart of the church autonomy doctrine. The...