Silvia S. Ibanez v. Florida Department of Business and Professional Regulation, Board of Accountancy (512 U.S. 136)
U.S. Supreme Court · decided June 13, 1994 · Supreme Court Database (Spaeth)
- Citation
- 512 U.S. 136 · 114 S. Ct. 2084
- Decided
- June 13, 1994
- Term
- October Term 1993
- Vote
- 7–2
- Majority author
- Justice Ginsburg
- Issue area
- Attorneys
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. Petitioner Silvia Safille Ibanez, a member of the Florida Bar since 1983, practices law in Winter Haven, Florida. She is also a Certified Public Accountant (CPA), licensed by respondent Florida Board of Accountancy (Board) to “practice public accounting.” In addition, she is authorized by the Certified Financial Planner Board of Standards, a private organization, to use the trademarked designation “Certified Financial Planner” (CFP). Ibanez referred to these credentials in her advertising and other communication with the public. She placed CPA and CFP next to her name in her yellow pages listing (under “Attorneys”) and on her business card. She also used those designations at the left side of her “Law .Offices” stationery. Notwithstanding the apparently truthful nature of her communication — it is undisputed that neither her CPA license nor her CFP certification has been revoked — the Board reprimanded her for engaging in “false, deceptive, and misleading” advertising. Final Order of the Board of Accountancy (May 12,1992) (hereinafter Final Order), App. 178, 194. The record reveals that the Board has not shouldered the burden it must carry in matters of this order. It has not demonstrated with sufficient specificity that any member of the public could have been misled by Ibanez’ constitutionally protected speech or that any…
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