Pacific Gas & Electric Co. v. Public Utilities Commission

Public Utilities Code section 453, subdivision (d), provides: “No public utility shall include with any bill for services or commodities *89 furnished any customer or subscriber any advertising or literature designed or intended (1) to promote the passage or defeat of a measure appearing on the ballot at any election whether local, statewide, or national, (2) to promote or defeat any candidate for nomination or election to any public office, (3) to promote or defeat the appointment of any person to any administrative or executive position in federal, state or local government, or (4) to promote or defeat any change in federal, state, or local legislation or regulations.” 1 The issue we address in this opinion is whether section 453, subdivision (d), unconstitutionally infringes upon public utilities’ First Amendment right to freedom of speech. We conclude that the statute’s blanket prohibition against public utilities’ protected speech is facially unconstitutional. Thus, the Public Utilities Commission’s May 13, 1999 order enforcing the statute is set aside.

Factual and Procedural Background

Pacific Gas and Electric Company (PG&E) includes in its monthly billings a…