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COMMONWEALTH v. SEFRANKA

382 Mass. 108 (1980)

414 N.E.2d 602

COMMONWEALTH vs. EDWARD J. SEFRANKA.

Supreme Judicial Court of Massachusetts, Plymouth.

December 15, 1980.

Attorney(s) appearing for the Case

Stephen R. Wainwright for the defendant.

Robert M. Payton, Assistant District Attorney, for the Commonwealth.

George H. Butcher, III, & Andrea L. Davis, for Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

The defendant Edward J. Sefranka was convicted in the Superior Court in the county of Plymouth for being a "lewd, wanton and lascivious person in speech or behavior" in violation of G.L.c. 272, § 53.1 He appeals on the ground that the words on which the conviction was based are protected by the First Amendment to the United States Constitution and art. 16 of the Massachusetts...

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