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

E425636

Central Hudson Gas & Electric Corp. v. Public Service Commission is a landmark 1980 U.S. Supreme Court case that established a four-part test for determining the constitutionality of government restrictions on commercial speech under the First Amendment.

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Predicate Object
instanceOf United States Supreme Court case
commercial speech case
landmark First Amendment case
areaOfLaw constitutional law
freedom of speech
arguedDate 1980-02-26
citation 447 U.S. 557
citedFor four-part test for commercial speech restrictions
concurrenceBy John Paul Stevens
William J. Brennan Jr.
constitutionalProvisionInterpreted First Amendment free speech clause
country United States
court Supreme Court of the United States
decidedYear 1980
decisionDate 1980-06-20
dissentBy John Paul Stevens
William J. Brennan Jr.
establishedTest Central Hudson test
holding Restrictions on commercial speech are subject to intermediate scrutiny under a four-part test.
The New York Public Service Commission’s ban on promotional advertising by an electric utility violated the First Amendment.
joinedByInMajority Byron R. White
Harry A. Blackmun
Potter Stewart
Thurgood Marshall
Warren E. Burger
William H. Rehnquist
jurisdiction United States
languageOfProceeding English
legalIssue First Amendment to the United States Constitution
commercial speech
government regulation of advertising
majorityOpinionBy Lewis F. Powell Jr.
originatingCourt New York Court of Appeals
page 557
petitioner Central Hudson Gas & Electric Corporation
precedentFor subsequent commercial speech cases
reporter United States Reports
respondent Public Service Commission of New York
result Judgment of the New York Court of Appeals reversed.
standardOfReview intermediate scrutiny
stateInvolved New York
subjectMatter energy conservation advertising restrictions
regulation of utility advertising
testPart Whether the asserted governmental interest is substantial.
Whether the commercial speech concerns lawful activity and is not misleading.
Whether the regulation directly advances the governmental interest asserted.
Whether the regulation is not more extensive than necessary to serve that interest.
volume 447

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United States Supreme Court cases of the Burger Court hasNotableCase Central Hudson Gas & Electric Corp. v. Public Service Commission