You be the Judge #2

Fane and Florida Name: Institution: To start of it is important to note that Scott Fane was a licensed accountant; as such he was legally practicing within the confines of business practices. Accounts who have been accredited by the state of New Jersey can legally practice in the state of Florida. As such Fane had not broken any laws, by bringing his business to Florida. The first amendment is very keen on businesses who try soliciting customers into buying their goods or services, while supplying those customers with misleading information. As for Fane, he made phone calls to all his potential customers by telling them the truth about the services that his company was offering. As such, he did not mislead the customers, which is a felony. Secondly the commercial speech in question must be related to lawful activities. Fane had satisfied this condition as he was carrying out business practices that were lawfully covered under the constitution. Other than the commercial speeches approach the government can only curtail Fane’s phone calls to the potential customers would have to relate to its interests. The court as to protect the interests of the government, in which case, the scenario should not lead to unfair bargaining ability of the business. Fane’s phone calls had satisfied the conditions that the constitution has put in place to make sure that the customers are not exploited by malicious business persons, who mislead them with biased information. It is also clear that Fane was carrying out a legal business practice and was actually licensed to do so. Finally the interests of the government as far as fair completion was concerned were also satisfied with reference to condition number one. In that case, the state would be forced to forego the foreclosure of Fane’s commercial speeches as he reached out to the potential customers. Cl...