360 Mass. 903 | Mass. | 1971
To the Honorable the House of Representatives of the Commonwealth of Massachusetts:
The Justices of the Supreme Judicial Court respectfully submit this reply to the questions set forth in an order adopted by the House of Representatives on August 30, 1971, and transmitted to us on September 9, 1971. The order recites the pendency before the General Court of a bill, Senate No. 1451, a copy of which was transmitted with the order. The bill is entitled, “An Act further regulating the publication of political advertisements by newspapers or other periodicals.” The order requests the opinion of the Justices on the questions whether the bill, if enacted, would violate the First Amendment to the United States Constitution and art. 16 of the Declaration of Rights of the Massachusetts Constitution, and whether it would constitute interference with or prior restraint on the freedom of the press.
The order of the House of Representatives with respect to Senate Bill No. 1451 propounded questions bearing upon a fundamental right under our State and Federal Constitutions. We felt that the questions were sufficiently important and difficult to require that we afford an opportunity to interested persons to file briefs. In particular, the effect of the bill on news media presented a serious issue as the questions themselves indicate. ■ Upon consideration of the questions after briefs were filed,
As we indicated in Answer of the Justices, 358 Mass. 833, 835-836, in giving advisory opinions, the Justices must abide by “Part II, c. 3, art. 2, of the Constitution of the
In 1970, and also in 1934, the question arose whether the Constitution requires the Justices “to give an opinion to a succeeding legislative body in reply to a request propounded by a preceding legislative body.” See Answer of the Justices, 358 Mass. 833, 835-836, and Answer of the Justices, 290 Mass. 601, 604. On both occasions, the Justices declined to answer the questions propounded. Answer of the Justices, 358 Mass. 833, 836-837. Answer of the Justices, 290 Mass. 601,604. The Justices in 1934, in declining to give an answer, said: “Whether some public emergency may require an exception to this principle [that the Constitution requires no answer in such circumstances] need not now be considered. The present order plainly does not relate to a matter of that nature. It falls outside the terms of the Constitution. It does not concern the performance of legislative duties touching a pending matter.” Ibid.
We adhere to the doctrine which our predecessors expressed m 1934, and we believe that it governs us in the circumstances of the questions presently addressed to the Justices. For the reason that Senate Bill No. 1451 ceased to be a pending bill when the General Court was prorogued, we conclude, in the absence of any public emergency, that a “solemn occasion” no longer exists which would authorize the Justices to express their opinion as to an important question of law. We feel constrained therefore to decline to answer the questions contained in the present order. The
This communication is respectfully addressed to the present Honorable House of Representatives when it assembles in January, 1972, for its second regular session.
G. Joseph Tauro.
R. Ammi Cutter.
Jacob J. Spiegel.
Paul C. Reardon.
Francis J. Quirico.
Robert Braucher.
Edward F. Hennessey.
The Massachusetts Newspaper Information Service, and the Americans for Democratic Action together with the Civil Liberties Union of Massachusetts, filed briefs to assist the Justices in their consideration of the questions.