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S 1769

An Act prohibiting soliciting acts of terrorism

194th Legislature (2025-2026) Introduced by Peter Durant and 1 co-sponsor

Massachusetts bill criminalizes soliciting or encouraging terrorist acts, balancing security interests against free speech protections and concerns about unequal enforcement.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1769

Legislative bill overview

S 1769 proposes to create a new criminal offense in Massachusetts for soliciting or encouraging acts of terrorism. The bill would establish legal penalties for individuals who attempt to recruit, encourage, or incite others to commit terroristic acts, even if no actual attack occurs.

Why is this important

This legislation addresses a gap in existing law by criminalizing the recruitment and encouragement phase of terrorist activity before violence occurs, potentially allowing law enforcement to intervene earlier. However, it raises critical questions about where the line falls between legitimate political speech, protected expression, and criminal solicitation.

Potential points of contention

  • First Amendment concerns: Defining what constitutes "soliciting terrorism" versus protected speech, political advocacy, or religious expression is legally complex and could face constitutional challenges
  • Vagueness issues: Critics may argue the bill lacks precise definitions of key terms, potentially leading to overreach or inconsistent enforcement across different communities
  • Disparate impact: Enhanced terrorism-related charges have historically been applied disproportionately to certain communities, raising civil rights concerns about who gets prosecuted under such statutes

Compiled from official sources — confirm details with the bill’s official record.

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