Report No. 101

5.11. Burger, C.J.'s view (concurring judgment).-

It would be of special interest to mention here that Burger, C.J. who delivered separate but concurring judgment in the above case1, expressed his disagreement with the ruling of the lower court (which was reversed by the Supreme Court), in these words:-

"A disquieting aspect of Massachusetts position is that it may carry the risk of impinging on the First Amendment Rights of those who employ the corporate form-as most do-to carry on the business of mass communications, particularly the large media conglomerates. This is so because of the difficulty and perhaps impossibility, of distinguishing, either as a matter of fact or constitutional law, media corporations from corporations such as the appellants in this case."

1. First National Bank of Boston v. Bellotti, (1978) 55 L Ed 2d 707 (725).