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452CentralHudsonBrief - Central Hudson Gas v Public Service...

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Central Hudson Gas v. Public Service Commission of New York Facts: The Public Service Commission of New York allowed electric utilities to engage in informational and institutional advertising but prohibited them from engaging in promotional advertising designed to stimulate the use of electricity as a means to conserve energy. Issue: Generally, the issue was whether or not the commercial speech in the promotional advertising of Central Hudson Gas could be restricted and suppressed by the government. Whether the commission’s complete suppression of speech ordinarily protected by the First Amendment is “no more extensive than necessary to further the State’s interest.” Holding: The Court held that the order to prohibit the promotional advertising was invalid. Rationale: The Court explained that there is a four-part analysis for commercial speech cases such as this. First, the commercial speech is protected under the First Amendment if the speech concerns lawful activity and is not misleading. Second, the question, “Is the
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