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Thursday, September 28, 1995
Ex-hotline operator wants charges dismissed
First Amendment argument used by ex-city man
By David Linton - Sun Chronicle Staff
Attleboro - A former city man who is accused of contributing
to the delinquency of minors and another charge related to his
operation of a telephone "hotline" is seeking dismissal of the
charges based on his right to freedom of speech.
Christian R. Miller, 21, formerly of Emory Street, argues that
the tape recordings he had on his answering machine for his "Legalize
Crack" hotline were constitutionally protected speech under the
First Amendment.
Miller who now lives in the state of Washington, is represented
by John Reinstein, legal director of the Boston chapter of the
American Civil Liberties Union.
Police have charged Miller with contributing to the delinquency
of a minor and attempting to cause the operation of automatic
vending machines without lawful coinage.
Miller has pleaded innocent and the case is scheduled for arguments
on defense motions to dismiss the case Oct. 17.
The prosecution alleges that messages left on Miller's hotline
earlier this year described how to obtain free soda from vending
machines among messages.
The messages, the prosecution argues, encouraged youngsters
to break the law. Fliers passed out at Brennan Middle School promoted
Miller's "hotline," which police argued contained messages that
were not appropriate for children to hear.
But Reinstein argues in a written motion filed in Attleboro
District Court that the evidence the prosecution has is not strong
enough to support criminal charges against his client.
Reinstein argues that neither Miller nor anyone else is charged
with defrauding any vending machines. The prosecution also does
not have any damaged vending machines as evidence against his
client, he said.
"The commonwealth's entire case is premised on the notion that
the defendant, in making available information that might possibly
be used by others to defraud a vending machine, has violated the
statute," the motion states.
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