Central Hudson Gas & Electric Corp. v. Public Service Commission

Infobox SCOTUS case
Litigants=Central Hudson Gas & Electric Corp. v. Public Service Commission
ArgueDate=March 17
ArgueYear=1980
DecideDate=June 20
DecideYear=1980
FullName=Central Hudson Gas & Electric Corp. v. Public Service Commission
USVol=447
USPage=557
Citation=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
Prior=
Subsequent=
Holding=A regulation of appellee New York Public Service Commission which completely bans an electric utility from advertising to promote the use of electricity violates the First and Fourteenth Amendments.
SCOTUS=1975-1981
Majority=Powell
JoinMajority=Burger, Stewart, White, Marshall
Concurrence=Brennan
Concurrence2=Blackmun
JoinConcurrence2=Brennan
Concurrence3=Stevens
JoinConcurrence3=Brennan
Dissent=Rehnquist
LawsApplied=

"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 had challenged a Public Service Commission regulation that prohibited promotional advertising by electric utilities. The test Justice Blackmun and Justice Stevens wrote separate concurring opinions and were joined by Justice Brennan. Justice Rehnquist dissented.

The case presented the question whether a regulation of the Public Service Commission of the state of New York violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility.

The court ruled that a regulation which completely bans an electric utility from advertising to promote the use of electricity violates the First and Fourteenth Amendments.

The court instituted a 4-step analysis for commercial speech to the Commission's arguments in support of its ban on promotional advertising. The steps are:
# Is the expression protected by the First Amendment? For speech to come within that provision it must concern lawful activity and not be misleading.
# Is the asserted governmental interest substantial?
# Does the regulation advance the governmental interest asserted?
# Is the regulation more extensive than is necessary to serve that interest?

References

Further reading

*cite book |chapter=Central Hudson Gas & Electric v. Public Service Commission |last=Hemmer |first=Joseph J., Jr. |title=Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions |editor=Parker, Richard A. (ed.) |year=2003 |publisher=University of Alabama Press |location=Tuscaloosa, AL |isbn=081731301X |pages=234–249

External links

* Link to full text opinion on Findlaw.com