Judge to Protester: Get Out Of Town By Sundown

It isn’t “for good”. The initial link was in error. Its just until the guys court date.

I found a MA case about banishment; at page 402: A 1st impression case, 1998.

The defendant argues that the probation condition prohibiting him from entering Massachusetts during the length of his suspended sentence violates his fundamental right to interstate travel and violates the Fifth and Fourteenth Amendments to the United States Constitution. [Note 5] The condition of the defendant’s probation banishing him from the Commonwealth is invalid and his sentence must be revised accordingly.

This court and the Supreme Court of the United States have long recognized that the freedom of interstate travel is a fundamental constitutional right, although the precise source of this right has not been “ascribe[d] . . . to a particular constitutional provision.” Shapiro v. Thompson, 394 U.S. 618, 630 (1969). See Jones v. Helms, 452 U.S. 412, 417-419 (1981); Lee v. Commissioner of Revenue, 395 Mass. 527 , 529 (1985), citing Zobel v. Williams, 457 U.S. 55, 60 n.6 (1982). “[O]ur Federal Union and our constitutional concepts of personal liberty unite to require that all citizens be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.” Shapiro, supra at 629. See Opinion of the Justices, 357 Mass. 827 , 828 (1970). The probation condition banishing the defendant from this Commonwealth for a period of years infringes on that freedom.

Judges are permitted “great latitude” in imposing conditions of probation, see Commonwealth v. Power, 420 Mass. 410 , 413-414 (1995), cert. denied, 516 U.S. 1042 (1996), and may place restrictions on probationers’ freedoms that would be unconstitutional if applied to the general public. See United States v. Cothran, 855 F.2d 749, 751 (11th Cir. 1988); Porth v. Templar, 453 F.2d 330, 333 (10th Cir. 1971); Hyser v. Reed, 318 F.2d 225, 239 (D.C. Cir.),
http://masscases.com/cases/sjc/428/428mass393.html