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Opinion

Opinion Opinion 90-3

Date: 10/19/1990
Organization: Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Political activity (holding of sign for candidates).

Dear Clerk:

In your letter of October 19, 1990, you ask the Committee's opinion on the following question:

"Whether the holding of a sign for a candidate for elective office is political activity prohibited by Canon 6 of the Clerk's Code of Professional Responsibility or whether it is constitutionally protected free speech."

You state that you would like to hold a sign on behalf of two candidates, both of whom are running for public office on Election Day, November 6, 1990.

The Committee has determined that carrying signs for candidates for public elective office is political activity proscribed by Canon 6 of the Code. In addition to falling within the general prohibition on political activity, carrying the signs would constitute a public endorsement of the candidates which is specifically prohibited under Canon 6(2).

Therefore, the Committee concludes that your carrying signs for the candidates would violate Canon 6 of the Code. Any constitutional issues relating to your question are beyond this Committee's jurisdiction.

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