For the past 62 years Pacific Gas Electric PGE has distribu

For the past 62 years, Pacific Gas & Electric (PG&E;) has distributed a newsletter in its monthly billing envelopes. The newsletter, called Progress, reaches more than 3 million customers and contains tips on conservation, utility billing information, public interest information, and political editorials. A group called TURN (Toward Utility Rate Normalization) asked the Public Utility Commission (PUC) of California to declare that the envelope space belonged to the ratepayers and that TURN was entitled to use the Progress space four times each year. The PUC ordered TURN\'s request, and PG&E; appealed the order to the California Supreme Court. When the California Supreme Court denied review, PG&E; appealed to the U.S. Supreme Court, alleging a violation of its First Amendment rights. Is PG&E; correct? [Pacific Gas & Electric v Public Utility Commission of California, 475 U.S. 1 (1986)]

Solution

Yes, PG&E is correct. Any rebuttal to the messages that PG&E supplied in its newsletters is a straight forward violation of its right to speak. As per the rights accorded by first amendment freedom of expression – speech and press – is a prominent right. People in USA have a right to speak, right to write and a right to publish their sentiments.

Allowing TURN to use the Progress space will be tantamount to rebutting the messages that PG&E provided in its newsletters. Also PG&E has a choice and a right with regards to what messages it does not want to carry. The freedom of expression not only means the choice to speak but also means that people should have a choice and freedom with regards to what not to say. By allowing TURN to use the Progress space this choice and freedom of PG&E is violated.

Thus PG&E is correct in this case.