BUNKER HILL DISTRIB. v. DIST. ATT. FOR SUFFOLK DIST.


376 Mass. 142 (1978)

379 N.E.2d 1095

BUNKER HILL DISTRIBUTING, INC. vs. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 1978.


Attorney(s) appearing for the Case

Joan C. Schmidt for the plaintiff.

John F. Donovan, Assistant District Attorney, for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.


ABRAMS, J.

The sole issue presented by this appeal is whether the declaratory judgment statute, G.L.c. 231A, can be utilized to obtain a judicial determination whether a particular film, "The Lives of Joanna," is obscene within the meaning of the Massachusetts obscenity statute, G.L.c. 272, §§ 29-31, before the film has been exhibited or distributed within the Commonwealth and before there has been a threat of prosecution.

The plaintiff appealed...

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