Public Utilities Commission of the District of Columbia v. Pollak

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Public Utilities Commission of the District of Columbia v. Pollak
Seal of the United States Supreme Court.svg
Argued March 3, 1952
Decided May 26, 1952
Full case namePublic Utilities Commission of the District of Columbia et al. v. Pollak et al.
Citations343 U.S. 451 ( more )
72 S. Ct. 813, 96 L. Ed. 1068; 1952 U.S. LEXIS 2061
Case history
Prior191 F.2d 450 (D.C. Cir. 1951); cert. granted, 342 U.S. 848(1951).
Holding
the playing of radio programs on street cars and busses of a public utility did not violate the First or Fifth Amendments to the U.S. Constitution
Court membership
Chief Justice
Fred M. Vinson
Associate Justices
Hugo Black  · Stanley F. Reed
Felix Frankfurter  · William O. Douglas
Robert H. Jackson  · Harold H. Burton
Tom C. Clark  · Sherman Minton
Case opinions
MajorityBurton, joined by Vinson, Reed, Jackson, Clark, Minton,
ConcurrenceBlack
DissentDouglas
Frankfurter took no part in the consideration or decision of the case.
Laws applied
U.S. Constitution, 1st and 5th Amendments

Public Utility Commission of the District of Columbia v. Pollak, 343 U.S. 451 (1952), is a United States Supreme Court decision which held that the playing of radio programs on street cars and busses of a transit system regulated by the government as a public utility did not violate the First or Fifth Amendments to the United States Constitution. [1]

Public utility organization that maintains the infrastructure for a public service

A public utility company is an organization that maintains the infrastructure for a public service. Public utilities are subject to forms of public control and regulation ranging from local community-based groups to statewide government monopolies.

First Amendment to the United States Constitution Law guaranteeing freedom of speech, religion, assembly, press and petitions and prohibiting establishment of an official religion

The First Amendment to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

Fifth Amendment to the United States Constitution Amendment guaranteeing rights related to trials and due process

The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, as well as any corporation, private enterprise, group, or individual, or any foreign government in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment.

Contents

Background

The Capital Transit Company was a privately owned public utility that operated a street car and bus transit system in the District of Columbia. After conducting a rider test, Capital Transit in 1949 installed a system to play radio programs provided under a contract with local radio station WWDC in return for compensation.

Streetcars in Washington, D.C. former transit system in Washington, D.C., United States

For just under 100 years, between 1862 and 1962, streetcars in Washington, D.C. transported people across the city and region.

WWDC (FM) alternative rock radio station in Washington, D.C.

WWDC is a commercial FM radio station licensed to serve Washington, D.C.. The station is owned by iHeartMedia through licensee AMFM Radio Licenses, L.L.C. and broadcasts an alternative rock format. Studios are located in Rockville, Maryland, while the station's broadcast tower is located on Brookville Road in Silver Spring, Maryland at . WWDC serves as the flagship station for Elliot in the Morning and as the local affiliate for Skratch 'N Sniff

In July 1949, the Public Utility Commission of the District of Columbia (now the D.C. Public Service Commission), which regulates public utilities within D.C., opened an investigation to determine whether the playing of the radio programs was "consistent with the public convenience, comfort, and safety." Pollak and Martin, who were two protesting Capital Transit customers, intervened in the administrative proceeding. After several hearings, the Public Utilities Commission determined that the playing of radio programming was not inconsistent with public convenience, comfort, and safety. Pollak and Martin appealed the Commission decision to the U.S. District Court for D.C., which dismissed the case. Pollak and Martin then appealed to the Court of Appeals for D.C., which reversed and gave instructions for the district court to vacate the Commission decision. The Supreme Court then granted certiorari for consideration of case given its novelty and its importance to the public. [2]

District of Columbia Public Service Commission

The District of Columbia Public Service Commission is an independent quasi-judicial body and regulatory agency responsible for regulating landline telephone, electricity, and gas utility companies operating within the District of Columbia. It was established by the US Congress in 1913. The Commission offices are located at 1325 G Street NW, Washington, DC 20005.

In law, intervention is a procedure to allow a nonparty, called intervenor to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.

United States District Court for the District of Columbia United States federal district court

The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit.

Decision

The majority opinion by Justice Burton that the playing of music with occasional announcements that were explanatory and commendatory of Capital Transit's services did not violate the First Amendment's protection of Freedom of Speech as there were no claims that the programming included objectionable propaganda, and the playing of music did not interfere with the conversations of the passengers. [3] There was also no violation of the Fifth Amendment as the Due Process Clause did not guarantee a right of privacy in public transit equivalent to that in a person's own home or vehicle. As the liberty of each person in a public place or vehicle is subject to reasonable limitations in relation to the rights of others, the conclusion of the Public Utilities Commission that the playing of music on a transit system was "consistent with the public convenience, comfort, and safety" was upheld as meeting the requirements of both substantive and procedural due process. [4]

In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.

Freedom of speech in the United States National freedom of speech overview

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, only prevents government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary with coworkers or attempting to organize a labor union.

Due Process Clause Clauses in the 5th and 14th Amendments to the U.S. Constitution

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court of the United States interprets the clauses broadly, concluding that these clauses provide four protections: procedural due process, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Justice Frankfurter, who indicated that he had been a "victim" of the playing of music on the transit system, did not participate in the case. [5]

Concurrence

Justice Black in a concurring opinion, while agreeing with the majority opinion's holdings, stated that if the transit system played news, speeches, views, or propaganda of any sort, it would violate the First Amendment. [6]

In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.

Dissent

Justice Douglas in his dissenting opinion argued that the playing of music to a captive audience in public transit was contrary to the concept of liberty under the First Amendment's guarantee of Freedom of Speech and that of privacy under the Fifth Amendment. [7]

Subsequent events

The Supreme Court would later review a portion of the Pollak ruling in Jackson v. Metropolitan Edison Co. , [8] a case where the issue was whether extensive state regulation made the actions of a public utility a state action that was reviewable under the Fourteenth Amendment. The Jackson opinion noted that the Court in Pollak did not determine whether the playing of the radio programs on the regulated transit system constituted state action as a result of the regulation by the D.C. Public Utilities Commission, but simply assumed state action for the purposes of evaluating the constitutional questions.

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References

  1. Public Utilities Commission of the District of Columbia v. Pollak, 343 U.S. 451 (1952). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. 343 U.S. at 458.
  3. 343 U.S. at 464.
  4. 343 U.S. at 464-66.
  5. 343 U.S. at 466-67.
  6. 343 U.S. at 466.
  7. 343 U.S. at 467-69.
  8. Jackson v. Metropolitan Edison Co. , 419 U.S. 345 (1974).