Judith Abramson, Donald Airey v. Larry Gonzalez, as Secretary of the Florida Department of Professional Regulation

ENGEL, Senior Circuit Judge:

In this case, the plaintiffs challenge Florida’s statutory regulation of the practice of psychology. We find that the state’s current method of granting licenses to psychologists is valid, and conclude that the state acted properly in denying the plaintiffs the right to practice as licensed psychologists in Florida. However, we further find that under the state’s current statutory scheme, Florida’s regulation of professional advertising by unlicensed psychologists is unconstitutional under the first amendment.

I

The plaintiffs-appellants are dozens of practicing…