Consolidated Edison inserted material in favor of nuclear power in monthly bills sent to its electricity customers.

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Consolidated Edison inserted material in favor of nuclear power in monthly bills sent to its electricity customers. The Public Service Commission of New York ruled that Consolidated Edison could not discuss its opinions on controversial issues of public policy it its bills. The New York Court of Appeals upheld the Commission's prohibition. Consolidated Edison appealed. The issue is whether the First Amendment of the Constitution is violated by the Commission's order prohibiting the inclusion of inserts discussing public policy issues in customers' electric bills.

1. The court held the company could discuss controversial political issues. Should a distinction be drawn between political speech paid for by private persons and that paid for by customers who may not want the speech? The political inserts in this case were paid for by Con Ed customers who buy electricity.
2. Would you distinguish between speech that address issues and corporate political speech that endorses particular candidates for office?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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