Massachusetts Coalition for Homeless v. City of Fall River
Annotate this Case
The Supreme Judicial Court held that Mass. Gen. Laws ch. 85, 17A, sometimes referred to as the panhandling statute, is unconstitutional on its face under the First Amendment to the federal constitution and article 16 of the Massachusetts Declaration of Rights, as amended, because the statute is a content-based regulation of protected speech in a public forum that cannot withstand strict scrutiny.
Under the statute, a person who signals, stops, or accosts a motor vehicle or its occupants on a public way if undertaken for the purpose of panhandling, is subject to criminal prosecution or a fine. The statute, however, exempts the same conduct if undertaken for the purpose of selling newspapers or raising money for a nonprofit organization. Plaintiffs commenced this action asserting that the statute is unconstitutional on its face under the First Amendment and article 16. The Supreme Judicial Court held that Mass. Gen. Laws ch. 85, 17A is unconstitutional on its face under the First Amendment and article 16 because it is both over- and underinclusive with respect to the purpose it is intended to serve, is not narrowly tailored, and cannot withstand strict scrutiny.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.