Does Getting A Real Estate License Erase Your Individual Rights?

Contrary to what many seem to believe, when you get your Real Estate license you do not relinquish your rights as an American. You may have noticed that our rights today are under attack from all angles, by both those who wish to strip them from us and those whose "good" intentions have unintended consequences.

 This week, we have seen two drastic examples of attacks on our freedoms. One directly upon us as REALTORS, the other as property owners.

 MIBOR recently had a speaker in to teach Social Media. This speaker allegedly told the agents in  attendance that if they, as REALTORs, posted one-sided political or religious posts on Facebook, this could be a Fair Housing or Code of Ethics violation. That is absolute nonsense, and the speaker actually broke the "Chilling Effects Law" by making that suggestion to the group. It matters not what label you claim politically, you should be equally outraged.

Chilling effect is a term in law and communication that describes a situation where speech or conduct is suppressed by fear of penalization at the interests of an individual or group. It can affect one’s free speech. Since many attacks rely on libel law, the term libel chill is also often used. The term chilling effect has been in use in the U.S since 1950.

 It is up to you to know your rights and to stand up for them or one day wake up and mourn their passing. We lose them incrementally, we lose them because we don't know them, or we lose them because we don't understand what our rights are to begin with. One of the greatest minds this nation has ever had, John Adams told us, “And liberty cannot be preserved without a general knowledge among the people who have a right from the frame of their nature to knowledge...” 

 Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

If you read the First Amendment, you see that Congress shall (“shall" means “mandatory") make no laws. So NO law can prohibit the free exercise of speech or press or assemble. Today, Social Media is simply an extension of the old Town Square.  

“Be not intimidated...nor suffer yourselves to be wheedled out of your liberties by any pretense of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery and cowardice.”   John Adams

 Of course there are restrictions for Commercial Speech, unlike personal speech, this would include advertising. You cannot in any way discriminate, or be exclusive, or favoring one group over another in any of your commercial advertising. You also may not slander or disparage competition. Those are the Fair Housing and Ethics violations that are possible with speech. Not making political or religious comments on your personal posts.

The second attack this week is against property owners in Fishers with the Fishers Property Maintenance Ordinance to be read at 7 pm at the Fishers Town Hall on December 1st. This ordinance is written for a "good” purpose. It is designed to protect property rights from abandoned properties falling into disrepair. However it goes too far. The Ordinance impacts every single property in Fishers. It gives omniscient powers to the Fishers Building Commissioner as Policeman, Judge, Jury, and Executioner to decide what is or isn't a violation and how much it will cost. 

You could potentially be in violation if the Commissioner "had reasonable cause" to search your home, if you refuse a Search Warrant, if you have windows that aren't sealed against air infiltration  or don't open as "easily" as they believe they should. You could be in violation if you have ants that get into your home, or a mouse, or even have cracks in your drywall. Or, if you are a snowbird and have winterized your home, you could be at risk of violation. It’s likely if you live in Fishers, you are already in violation of the proposed Ordinance.

“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.” John Adams

It is up to you to protect your freedoms for you, for your clients, and for your children. To protect them, you must first know them, understand them, and have to courage to stand up for them.
Remember the words of John Adams once again.

"But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever."