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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).