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Massachusetts Defends Free Speech But There Are Limits

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Massachusetts Defends Free Speech But There Are Limits


Which words are illegal to say in Massachusetts? The short answer is none.

Well, sort of. There is no list of banned words that you cannot say.

You can face charges if you let loose with a volley of offensive terms aimed at someone during the commission of a hate crime or if your words are determined to be hate speech.

To say or write an offensive word is protected free speech.

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I read a lot of U.S. history. The “N-word,” perhaps the most offensive word in American English, appears periodically, most often attributed to someone as part of a quotation. In that context, the presentation of the word is not hate speech.

Directing the word at an individual or group of people could be problematic.

The Massachusetts Executive Office of the Trial Courts Law Library states, “A hate crime is a crime that is motivated by bigotry.”

The Commonwealth further explains, “Hate speech is defined by Black’s Law Dictionary (10th ed., 2014) as: ‘Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, esp. in circumstances in which the communication is likely to provoke violence.”

The Massachusetts Executive Office of the Trial Courts Law Library says, “There is no ‘hate speech’ exception to the First Amendment in the U.S. Constitution.” Nevertheless, the Commonwealth says, “The right to free speech is not absolute.”

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Massachusetts Defends Free Speech But There Are Limits

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The U.S. Supreme Court has ruled that certain types of speech are not protected by the Constitution, including “the lewd and obscene, the profane, the libelous, the insulting or ‘fighting words,’ – those by which their very utterance inflict injury or tend to incite an immediate breach of the peace.”

However, NBC News reported in May 2021, “The U.S. Supreme Court won’t decide if use of the N-word amounts to illegal discrimination.”

Chapter 272, Section 36A of Massachusetts State Law states, “Whoever, having arrived at the age of sixteen years, directs any profane, obscene or impure language or slanderous statement at a participant or official in a sporting event, shall be punished by a fine of not more than fifty dollars.”

Georgetown University’s Free Speech Project says the Massachusetts Legislature rejected proposed legislation in 2019 to “prohibit the word ‘bitch’ to ‘accost, annoy, degrade or demean the other person.” The Free Speech Project says legal experts found the proposal to be unconstitutional.

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Are you confused yet?

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These are some of the strangest laws still on the books in Rhode Island.

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Gallery Credit: Nancy Hall





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Massachusetts

Massachusetts juveniles get first misdemeanor case dismissed, SJC rules

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Massachusetts juveniles get first misdemeanor case dismissed, SJC rules


“Once the jury determined that the juvenile had engaged only in minor misdemeanor conduct and it was undisputed that this was the juvenile’s first minor misdemeanor offense, the court no longer retained jurisdiction,” Justice Scott Kafker wrote.

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Massachusetts

In Mass. towns where cost of living outpaced income, Trump saw more gains, data show – The Boston Globe

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In Mass. towns where cost of living outpaced income, Trump saw more gains, data show – The Boston Globe


In Berkshire, Franklin, and Hampden counties, the average household earns about 70 percent of what MIT estimates is necessary to meet the current cost of living for a home with two working adults and one child. In those counties, Trump’s share of votes in the 2024 election saw an up to 5 percentage point increase as compared with the 2020 election’s numbers.

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The rightward swings are more pronounced when looking at cities within those counties. In Springfield, for example, Trump saw a 7 percentage point increase. The median household income in the city is 50 percent of the required annual income to cover the cost of living, based on the MIT estimate.

James Dupuis, a retired Air Force reservist and commercial truck driver, is one of those Springfield Trump voters. Dupuis and his wife live with their daughter, her boyfriend, and grandchild in an effort to help the young family save enough to move to their own place amid spiking rent prices.

“They’re struggling paycheck to paycheck. I mean, my wife and I are helping out the best we can with all the kids, but it’s tough,” Dupuis said.

Those same economic concerns were echoed across Eastern Massachusetts, where even Boston saw a sizeable increase in Trump votes. Fall River for the first time in nearly 100 years swung majority Republican in the presidential race.

In counties where residents are financially better off and where the median household income has kept pace with the living wage estimates, Trump gained no more than 3 percentage points. Trump lost vote share in only 11 towns across Massachusetts.

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map visualization

Theodoridis said four years ago, many voters reacted to the COVID-19 pandemic and civil unrest in a similar fashion, and voted against the Republican incumbent.

“[In 2020] Trump lost, sort of, a mirror image of this election,” Theodoridis said.

This, coupled with rising tensions over immigration in Massachusetts and other states, paints a fuller picture of voters this election.

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To Shari Ariail of Danvers, the election proved that “Democrats [are] out of touch with the nation.”

Ariail, who voted Democrat this year but identifies as an independent, was surprised when she saw Trump flags popping up around town. The median household income in Danvers is roughly $117,000, north of the state’s $96,000 for 2022. Still, Trump’s share of votes there also increased this election, from 39 percent in 2020 to 44 percent this year.

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In many ways, economists say the country’s economy is doing well: Unemployment numbers have largely returned to pre-pandemic levels, wages are higher now than they were under the previous Trump administration, and inflation has finally come down after peaking at 8 percent in the earlier years of the pandemic.

Still, many voters have said they haven’t felt those improvements in their wallets.

“Material concerns, broadly speaking, are going to drive people more than [moral or social] concerns,” Theodoridis said. “But we don’t really know exactly what the limits are, and this election gives us a pretty good sense.”

This story was produced by the Globe’s Money, Power, Inequality team, which covers the racial wealth gap in Greater Boston. You can sign up for the newsletter here.


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Esmy Jimenez can be reached at esmy.jimenez@globe.com. Follow her @esmyjimenez. Vince can be reached at vince.dixon@globe.com. Follow him @vince_dixon_.





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MSP trooper suspended without pay after allegation of sexual misconduct in Lexington

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MSP trooper suspended without pay after allegation of sexual misconduct in Lexington


Trooper Terence Kent was removed from duty as the State Police launched an internal review and was then suspended without pay effective Thursday, the agency confirmed to the Herald Friday night.

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