Logourl black

Central Hudson Gas & Electric Corp. v. Public Service Commn. of New York

United States Supreme Court
447 U.S. 557 (1980)


Facts

In December 1973, the Public Service Commission of New York (PSC) (defendant) ordered electric utilities in New York to cease all advertising that promoted the use of electricity. This was based on the PSC’s finding that New York did not have sufficient fuel resources to continue furnishing customers’ demands for electricity during the winter months. Three years later, after the fuel shortage ceased, the PSC requested comments from the public on its proposal to continue the ban on promotional advertising. Central Hudson Gas & Electric Corporation (CHGEC) (plaintiff) opposed the ban on First Amendment grounds. After reviewing public comments, the PSC extended the prohibition until 1977. CHGEC brought suit in state court seeking to overturn the prohibition on First Amendment grounds. The state court upheld the prohibition, and the court of appeals affirmed. CHGEC appealed to the United States Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Powell, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 78,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,692 briefs - keyed to 140 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now