Batchelder v. Allied Stores International, Inc.

Lynch, J.,

dissenting (with whom Hennessey, C.J., and O’Connor, J., join). In deciding that the plaintiff has a right under art. 9 of the Declaration of Rights to solicit signatures on the defendants’ property, this court has concluded that no “State action” requirement limits the application of this article to the facts of this case. I respectfully dissent.

*94Consideration of the general purposes of our State Constitution persuades me that art. 9 does not apply to private conduct of the type to which the plaintiff objects. This court has said that “[t]he function of a written constitution…