State Senate: Democratic majority
State House: Democratic majority
Governor: Maura Healey (D)
Attorney General: Andrea Campbell (D)
Summary:
As one of the most Democratic states in the nation, Massachusetts has not introduced or passed much speech-related legislation in recent years compared to other states. Attorney General Andrea Campbell sided with the Biden Administration in Murthy v. Missouri and was herself the target of a Freedom of Information Act (FOIA) request from America First Legal, seeking information on the existence and number of law enforcement investigations launched in the Bay State regarding so-called “misinformation” or “disinformation.”
Key Policymakers:
Legislative Activity:
S2730/2831: Relating to deceptive and fraudulent deepfakes in election communications. A person shall not distribute a synthetic media message that the person knows, or reasonably should have known, is a deceptive or fraudulent deepfake depicting a candidate or political party within 90 days of an election in which said candidate or political party will appear on the state or local ballot. Introduced by Sen. Barry Finegold [D] and Rep. Frank Moran [D] in January 2024 and is currently working its way through committee consideration.
HB 72/4406: To establish a Massachusetts state deepfake and digital provenance task force (including members of the General Court) to protect against deep fakes used to facilitate criminal or torturous conduct. Introduced by Rep. Jay Livingstone [D] in February 2024 and is currently working its way through committee consideration.
HB 1431/S 1113: A bill to ensure full participation by citizens and organizations in discussions of issues regarding the right to the freedom of petition, the freedom of speech, the freedom of expression or any matter of public concern by limiting SLAPP lawsuits. Introduced by Rep. Mark Cusack [D] and Sen. Rebecca Rausch [D] in February 2023 and is currently working its way through committee consideration.
HB 1707/ S971: Creates civil liability for doxxing. Democrat-only bill introduced by Rep. Tram Nguyen [D] and Sen. Barry Finegold [D] in February 2023 and is currently working its way through committee consideration.
Legal Actions:
Amicus in Murthy v. Missouri siding with the Biden Administration. In December 2023, Attorney General Andrea Campbell joined a coalition of Democratic AGs of 21 other states plus the District of Columbia on an amicus brief with the Supreme Court. The brief asked the Court to reverse the 5th Circuit’s 2023 decision in Missouri v. Biden, which ordered the federal government to stop pressuring social media to censor disfavored speech. In June 2024, the U.S. Supreme Court ruled 6-3 against the plaintiffs, stating they lacked standing and failed to prove that social media platforms acted due to government coercion rather than their own policies.
Lawsuit with America First Legal on Disinformation. On September 11 2023, America First Legal (AFL) filed a Freedom of Information Act (FOIA) request with the Massachusetts Office of the Attorney General seeking information on the existence and number of law enforcement investigations launched in the Bay State regarding so-called “misinformation” or “disinformation.” The request was made following information divulged to AFL in response to an investigation. The investigation involved letters written by twelve Democrat AGs to the heads of Facebook and X (formerly Twitter). These letters suggested the tech giants censor the viewpoints of American citizens,particularly those that run counter to the preferred narrative of leftist Democrats. They specifically mentioned the so-called “Disinformation Dozen,” supported by the United Kingdom’s pro-censorship group, the Center for Countering Digital Hate (CCDH). The Massachusetts Attorney General’s office declined to provide records in response to AFL’s request, claiming disclosing the information could compromise “multistate law enforcement matters.”
