Edenfield v. Fane, 507 U.S. 761, 3 (1993)

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Cite as: 507 U. S. 761 (1993)

Opinion of the Court

David C. Vladeck argued the cause for respondent. With him on the brief was Alan B. Morrison.*

Justice Kennedy delivered the opinion of the Court.

In previous cases we have considered the constitutionality of state laws prohibiting lawyers from engaging in direct, personal solicitation of prospective clients. See Ohralik v. Ohio State Bar Assn., 436 U. S. 447 (1978); In re Primus, 436 U. S. 412 (1978). In the case now before us, we consider a solicitation ban applicable to certified public accountants (CPA's) enacted by the State of Florida. We hold that, as applied to CPA solicitation in the business context, Florida's prohibition is inconsistent with the free speech guarantees of the First and Fourteenth Amendments.

I

Respondent Scott Fane is a CPA licensed to practice in the State of Florida by the Florida Board of Accountancy (Board). Before moving to Florida in 1985, Fane had his own accounting CPA practice in New Jersey, specializing in providing tax advice to small and medium-sized businesses. He often obtained business clients by making unsolicited telephone calls to their executives and arranging meetings to explain his services and expertise. This direct, personal, uninvited solicitation was permitted under New Jersey law.

When he moved to Florida, Fane wished to build a practice similar to his solo practice in New Jersey but was unable to do so because the Board of Accountancy had a comprehensive rule prohibiting CPA's from engaging in the direct, personal

*Briefs of amici curiae urging affirmance were filed for the American Advertising Federation et al. by Richard E. Wiley, Howard H. Bell, Gil-bert H. Weil, and Robert J. Levering; and for the American Association of Attorney-Certified Public Accountants, Inc., by L. Harold Levinson, David Ostrove, and Sydney S. Traum.

Kenneth R. Hart filed a brief for the Florida Institute of Certified Public Accountants as amicus curiae.

763

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