Real Estate Agent’s Hate Speech Conviction Upheld
An agent in Virginia was found guilty of hate speech by the National Association of Realtors (“NAR”) in 2015. The agent had been a REALTOR® for 44 years and is a minister of a nonprofit Christian ministry. The agent, believing he was merely exercising his First Amendment rights to free speech, made a Facebook post in 2015 in which he publicly denounced homosexuality through Bible scripture.
What is “hate speech”?
Standard of Practice 10-5 prohibits REALTORS® from using harassing speech, hate speech, epithets or slurs based on the protected classes of Article 10. Statement of Professional Standards Policy 29 provides that REALTORS® are subject to disciplinary action with respect to all of their activities, except in those circumstances in which the Code of Ethics only applies to real estate-related activities by virtue of its Articles or Standards of Practice. The NAR relies on Merriam-Webster’s Dictionary to define hate speech as “speech that is intended to insult, offend, or intimidate a person because of some trait (as race, religion, sexual orientation, national origin, or disability).”
Does this prohibition apply to non-real estate communications?
Under Statement of Professional Standards Policy #29, REALTORS® are subject to the Code of Ethics’ standards in all of their activities. Thus, a violation of Article 10, as supported by Standard of Practice 10-5, can occur when a REALTOR® uses harassing speech, hate speech, epithets and slurs based on the protected classes in any media or context, regardless of whether it is related to their activities in the real estate business or their identification as a REALTOR®.
See “Hate Speech is an ethical violation even when not related to “real estate activities”
Determination upheld.
In February 2025 the NAR upheld its previous determination that a violation had occurred. Although the agent has no further appeal rights before the NAR, he had indicated he is contemplating initiating a lawsuit against the NAR in consideration of the potential penalties that could be imposed.
Source: https://www.whsv.com/2025/02/26/staunton-real-estate-agents-hate-speech-conviction-upheld-appeals/
