Supreme Court of the United States

Pacific Gas & Electric Co. v. Public Utilities Commission of California

February 25, 1986475 U.S. 1

Summary

The Court held that California could not require a privately owned utility to carry a consumer group's speech in the utility's billing envelopes. The order burdened the utility's protected speech by compelling association with potentially hostile views and by granting access based on viewpoint, and it was neither narrowly tailored to a compelling interest nor a valid content-neutral time, place, or manner regulation. The judgment was vacated and the case remanded for further proceedings.

Holding

  • Protection of PG&E's newsletter and public-affairs speech. PG&E's newsletter received full First Amendment protection because it included discussion of public issues and was not limited to commercial speech proposing a business transaction.
  • Compelled access and forced association. The Commission's order impermissibly burdened PG&E's First Amendment rights by forcing it to use its billing envelopes to disseminate third-party speech and by selecting speakers based on their disagreement with PG&E and opposition to its interests.
  • Justification as compelling-interest regulation or time, place, or manner restriction. The access order was invalid because it was not a narrowly tailored means of furthering a compelling state interest and was not a valid time, place, or manner regulation.

Docket 84-1044

Cited authorities

Cited by

Read full opinionPDF