Business Law and Freedom of Speech
Freedom of Speech
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 this reprimand. What is the legal basis for Silvia's challenge? Explain.
Other retail businesses in the mall in which your sports shoes shop is located have decided to open on Sundays from 12 noon to 6 p.m. You decide to follow suit, but two of your employees refuse to go along, saying it is against their religious beliefs to work on the Sabbath. You terminate their employment. They apply for unemployment compensation, and contend their unemployed status is your fault. If the state grants them benefits, you will be penalized since your unemployment compensation taxes will go up.
Should you contest their claim?
What would be the result if the employees refuse to work on Sunday because of their desire to play golf on that day?
Business Law and Freedom of Speech
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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 this reprimand. What is the legal basis for Silvia's challenge? Explain. While Silvia advertised her professional attainments and services as a CPA and CFP, this was commercial speech meant to indicate her credentials. Even if the CFP is licensed by a private organization and the CPA by the Florida Board of Accountancy (Board), Silvia simply indicated her professional attainments truthfully. As such, Florida Board of Accountancy was wrong for reprimanding her for exercising her freedom of speech without intentionally misleading or using false information. Similarly, Silvia would argue that her expressive activity was meant to inform the public about her services, and prohibiting the free exercise of expression would be infringing on her rights. Distinguishing between commercial and non–commercial speech should not be used to limit the freedom of express...
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