Question

Silvia, an attorney in Florida, also was a licensed certified public accountant (CPA) and a certified financial planner (CFP). Silvia placed an ad in the yellow pages listing her credentials, including the CPA and CFP designations. The Florida Board of Accountancy reprimanded Silvia for using both the CPA and CFP credentials in an ad essentially emphasizing her legal work. Silvia challenged the board's right to issue the reprimand. What is the legal basis for Silvia's claim?

Answer 1

Silvia S. Ibanez claimed to the court that she was using her certifications for commercial matters, or, as she said, "commercial speech". This was based on the First Constitutional Amend.

Explanation:

According to the State of Florida, while she was using CPA and CFP in a Yellow Pages listing, her behavior was misleading, as she would be addressing in the name of that State. But her claim was that she was able to use those certifications for commercial matters, as the First Ammend ensures that a lawful activity is not misleading. Therefore, that wasn't any law that could rule that action and Silvia's case against the State were solved without any restriction to the petitioner.