OMAHA, Neb. (AP) — A federal appeals court has upheld Nebraska’s rules governing the state’s real estate industry, dismissing a California real estate broker’s contention that the rules violate her free speech rights.
A 2010 law gave state regulators the authority to issue cease and desist orders against anyone who performs the duties of a real estate broker without holding a Nebraska license.
Leslie Rae Young said those changes restricted her ability to advertise Nebraska properties on real estate websites — a violation, she said, of her free speech rights.
But on Thursday, a three-judge panel of the 8th U.S. Circuit Court of Appeals agreed with a lower court that said Young was acting as broker under Nebraska law, and that the state has a right to regulate professions, such as real estate brokerage.