Massachusetts law about fortune tellers

Laws, cases, and web sources on fortune tellers law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Massachusetts laws

MGL c. 140, § 185I Fortune tellers licensing
Issued by cities and towns. 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."

City or town ordinances

As fortuneteller licenses are granted at the local level, check your city or town's ordinances or contact your local licensing board for more information.

• Example ordinance: Chapter 14, Article II, Division II: Fortunetelling, Astrology, Etc., City of Salem.

Selected cases

Argello v. City of Lincoln, 143 F.3d 1152 (1998)
A case from Nebraska concluded 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) (Request a copy of this case from the law libraries)
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

Seeing it coming since 1945: State bans and regulations of crafty sciences speech and activity by Christine Corcos, Louisiana State University Law Center, 2014.  
"Crafty sciences practitioners" are fortune tellers, palm readers, astrologers, and the like.

Fortune telling by David L. Hudson, Jr., The First Amendment Encyclopedia, Free Speech Center, Middle Tennessee University, 2024.
A review of recent federal cases regarding fortune telling and issues of free speech, consumer protection and municipal regulations.

Print sources

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

"Regulation of astrology, clairvoyancy, fortunetelling, and the like," 91 ALR 3d 766 (1979 w/updates).

Last updated:	June 11, 2026