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Microcap & Penny Stocks : TSIG.com TIGI (formerly TSIG)

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To: Jazzbo who wrote (40044)3/5/2000 1:39:00 PM
From: ztect  Read Replies (1) of 44908
 
Okay one more post for today, that only an attorney like Tim could really appreciate which was originally address to a bonehead on RB.....

Interesting but bone headed contention by a "basher"

"....Isn't "the Constitution" great! It allows everyone to share their opinions. I just love these idiots (oh, excuse me.....investors) who try and scare others away from making a "negative comment" about a stock they currently own...."

This particular basher goes on to say his comments are material "facts" after repeatedly referring to the company as a "scam", "shell", "front" and with other emotionally laden language while drawing conclusions not specifically stated as "fact" in SEC filed documentation.

He uses the First Amendment as his shield. But obviously this idiot doesn't realize that according to the Federal Law you can't yell fire in a crowded theater when he for a "fact" can't say that there is a fire.

Per Judge Turgeon's findings on a case argued succesfully in Superior Court:

"The right of free speech and address is a shield and not a constitutional sword...It needs no citation of legal precedent to announce that the freedom of speech is not absolute. Speech specifically designed to coerce through fear and intimidation are not essential parts of the exposition of ideas and they are of such insignificant social value as a step to the truth that any benefit that may be derived from them is outweighed by the societal interest in order and morality. Repeated acts and words...are not protected by the
First Amendment"


Heck, and this was a decision on a criminal case, not a civil one where the rules of evidence are much more lenient. In civil matters regarding libel, there are a multitude of other case examples demonstrating how truly ignorant certain people are, like the one to whom I responded on RB, who yield the First Amendment around as an offensive weapon and have little to no concept of anything.

z
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