DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151873P.pdf 06/09/2016 Leslie Rae Young v. Pete Ricketts
U.S. Court of Appeals Case No: 15-1873
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Loken, Author, with Wollman and Bye, Circuit Judges]
Civil case - Civil rights. In this action by an out-of-state broker
challenging the provisions of the Nebraska Real Estate License Act,
plaintiff failed to prove that the Act, on its face, was regulation of
speaking or publishing as such, rather than a legitimate regulation of the
real estate broker profession; by entering into listing agreements
plaintiff was, at a minimum, a broker within the meaning of the Act, and
subject to the Act's licensing requirements; argument that the Act
violates the First Amendment because it is overbroad and vague is without
merit; the court's conclusion that the Act does not restrict speech
contrary to the First Amendment forecloses plaintiff's other facial
attacks on the statute; the Act is rationally related to the legitimate
state interest in ensuring the competency and honesty of those holding
themselves out as professional real estate brokers to the sellers and
buyers of Nebraska real estate; claim that the Act infringes on
plaintiff's right to practice her profession as guaranteed by the
Privileges and Immunities Clause is foreclosed by the Slaughter-House
cases, 83 U.S. 36 (1872).