Central Hudson Gas & Electric Corp. v. Public Service Commission
1980 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. Justice Powell wrote the opinion of the court. Central Hudson Gas & Electric Corp. had challenged a Public Service Commission regulation that prohibited promotional advertising by electric utilities. Justice Brennan, Justice Blackmun, and Justice Stevens wrote separate concurring opinions, and the latter two were both joined by Justice Brennan. Justice Rehnquist dissented.
Central Hudson Gas & Electric Corp. v. Public Service Commission | |
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Argued March 17, 1980 Decided June 20, 1980 | |
Full case name | Central Hudson Gas & Electric Corp. v. Public Service Commission |
Citations | 447 U.S. 557 (more) 100 S. Ct. 2343; 65 L. Ed. 2d 341; 1980 U.S. LEXIS 48; 6 Media L. Rep. 1497; 34 P.U.R.4th 178 |
Case history | |
Prior | Matter of Consol. Edison Co. of New York, Inc. v. Pub. Serv. Commn., 47 N.Y.2d 94, 417 N.Y.S.2d 30, 390 N.E.2d 749 (1979); probable jurisdiction noted, 444 U.S. 822 (1979). |
Holding | |
A regulation that completely bans an electric utility from advertising to promote the use of electricity violates the First and Fourteenth Amendments. | |
Court membership | |
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Case opinions | |
Majority | Powell, joined by Burger, Stewart, White, Marshall |
Concurrence | Brennan |
Concurrence | Blackmun, joined by Brennan |
Concurrence | Stevens, joined by Brennan |
Dissent | Rehnquist |
Laws applied | |
U.S. Const. amends. I, XIV |
The case presented the question whether a regulation of the New York Public Service Commission violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility.