YOU BE THE JUDGE WRITING PROBLEM Scott Fane was a certified public accountant

(CPA) licensed to practice in New Jersey and Florida. He built his New Jersey practice by making unsolicited phone calls to executives.

When he moved to Florida, the Board of Accountancy there prohibited him (and all CPAs) from personally soliciting new business.

Fane sued. Does the First Amendment force Florida to forgo foreclosing Fane’s phoning?

Argument for Fane: The Florida regulation violates the First Amendment, which protects commercial speech. Fane was not saying anything false or misleading, but was just trying to secure business. This is an unreasonable regulation, designed to keep newcomers out of the marketplace and maintain steady business and high prices for established CPAs. Argument for the Florida Board of Accountancy:

Commercial speech deserves—and gets—a lower level of protection than other speech. This regulation is a reasonable method of ensuring that the level of CPA work in our state remains high. CPAs who personally solicit clients are obviously in need of business. They are more likely to bend legal and ethical rules to obtain clients and keep them happy and will lower the standards throughout the state.