Consolidated Edison Company Of New York v. Public Service Commission

447 U.S. 530 (1980)

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Nature of the Case

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Facts

A New York public utility corporation attached to its customer billing charges, a statement regarding the socio-economic advantages of nuclear energy resources. In response, the Natural Resources Defense Counsel (NRDC) unsuccessfully requested the corporation to circulate a rebuttable statement in its next customer billing. The NRDC appealed the matter to the Public Service Commission, the official state regulatory body over corporate utilities. The Commission executed a regulation which prohibited corporations from disseminating controversial, but not neutral or unprovocative literature, in its customer billing. The Petitioner, challenged the Commission’s policy, asserting it violated the First Amendment Freedom of Speech Clause. The Commission defended the policy, maintaining it prevented the Petitioner from coercing its consumer audience to consider its views, preserved limited resources, and ensured customers did not fund the corporation’s dissemination political views. The New York City Court Appeals maintained that the Commission’s policy was constitutional because it was within a valid time, place and manner designed to protect the privacy interests of the Petitioner’s customers. The U.S. Supreme Court reversed in favor of the Petitioner utility company.