Legal Opinion

Cahill v. Public Service Commission

New York Court of Appeals

Decided May 10, 1990PublishedCited by 14 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The policy of the New York Public Service Commission (PSC) authorizing utilities to pass along to ratepayers part of the cost of corporate charitable contributions is challenged on First Amendment grounds under the United States Constitution. We agree with the result in the lower courts on the merits declaring the policy unconstitutional. The order of the Appellate Division should thus be affirmed. This court also previously affirmed, at the threshold pleadings level, the determination that the PSC policy constituted State action (Matter of Cahill v Public…

2Cases cited12 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  4. Wooley v. MaynardSupreme Court of the United States · 1977
  5. Abood v. Detroit Board of EducationSupreme Court of the United States · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Washington Legal Foundation v. Massachusetts Bar FoundationCourt of Appeals for the First Circuit · 1993
  2. Beverley v. Choices Women's Medical Center, Inc.New York Court of Appeals · 1991
  3. Infinity Outdoor, Inc. v. City of New YorkDistrict Court, E.D. New York · 2001
  4. Gasparo v. City of New YorkDistrict Court, E.D. New York · 1998
  5. Carroll v. BlinkenCourt of Appeals for the Second Circuit · 1992

9 more not listed; retrieve them via the Exa API.

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