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CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERV. COMM'N

No. 79-565.

447 U.S. 557 (1980)

100 S.Ct. 2343

65 L.Ed.2d 341

CENTRAL HUDSON GAS & ELECTRIC CORP. v. PUBLIC SERVICE COMMISSION OF NEW YORK.

Supreme Court of United States.

Decided June 20, 1980.

Attorney(s) appearing for the Case

Telford Taylor argued the cause for appellant. With him on the briefs were Walter A. Bossert, Jr., and Davison W. Grant.

Peter H. Schiff argued the cause for appellee. With him on the brief was Howard J. Read.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The case presents 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.

I

In December 1973, the Commission, appeals here, ordered electric utilities in New York State to cease all advertising that "promot[es] the use of electricity." App...

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