Q: At the CA Legislature, I introduced myself as a member of of two realtor associations before speaking out in opposition to a bill under discussion. The associations are in favor of the measure, which is in direct violation of our mission statement to protect private property rights.
The CEO of one group sent me a threatening letter saying that I was not authorized to speak for either organization; that I may not make those statements when indicating in any way any affiliation with the groups; and if I fail to do so the CEO will be forced to seek an injunction to restrain my inappropriate representations.
I asked for a current copy of the bylaws and was told they were currently being amended. I have been an agent/broker in good standing for 43 years and believe the groups are trying to take away my first amendment rights to stop me from voicing opposition to the proposed law. Any suggestions how I can defend my right to speak and stop these thugs from threatening me with an injunction?
A: Indeed, it would seem that unless you are representing to the legislature that you are speaking on behalf of either of the two realtor associations, any attempt to prevent you from indicating your membership in those associations in connection with speech would seem to run afoul of the First Amendment.
As a private organization, it may be that the associations could impose certain rules on members pertaining to speech about certain issues, and any violation of those rules could mean the member risks being kicked out of the organization.
Of course, there could be First Amendment limitations on this, as well, and the analysis would necessarily be fact specific. But it is even harder to imagine that an organization could seek an injunction against one of its members that would prevent the member from indicating her membership in the organization. Again, this is a very fact specific analysis, but indeed, there would seem to be some very serious First Amendment questions at issue.
You might want to write to the board president, with a cc to the other association, clarifying that you understand that you are not authorized to speak on behalf of either organization, but that you have a right to indicate your membership in each group. If anything, it sounds like the purpose of indicating your membership is to let the legislature know that not all members of these groups support the legislation.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.