Massachusetts law about fortune tellers

A compilation of laws, cases, and web sources on fortune tellers law.

Table of Contents

Massachusetts laws

MGL c.140, § 185I Fortune tellers licensing. Requires 1 year residence in city or town where license is granted.

MGL c.266 § 75 Obtaining property by trick. Prohibits fraudulently taking money by "pretended fortune telling."

Selected case law

Argello v. City of Lincoln, 143 F.3d 1152 (1998)
This case is from Nebraska, but is interesting for its reasoning in concluding that fortune telling is protected under the First Amendment. "If the citizens of Lincoln wish to have their fortunes told, or to believe in palm-reading or phrenology, they are free to do so under our system of government, and to patronize establishments or "professionals" who purport to be versed in such arts. Government is not free to declare certain beliefs — for example, that someone can see into the future — forbidden. Citizens are at liberty to believe that the earth is flat, that magic is real, and that some people are prophets."

Talamo v. Providence Board of Selectmen, Civ. Action No. 83-1195-MA, US Dist. Ct., Mass., 1983
Federal District Court held that law requiring 1-year residence in order to obtain a fortune teller license violates the Equal Protection Clause.

Web sources

How do you license a fortune teller?, Commonwealth Magazine, October 2018.
Provides a light-hearted look at the licensing of fortune tellers in Massachusetts.

Print sources

"Did fortune tellers see this coming?  Spiritual counseling, professional speech, and the first amendment,"  83 Miss.L.J. 639 (2014) 

"Regulation of astrology, clairvoyancy, fortunetelling, and the like," 91 ALR3d 766 (1979 w/updates)

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

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Address

Administrative office (no law library at this location)
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Boston, MA 02108
Last updated: April 30, 2019
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