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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: StockDung who wrote (5093)	9/10/2003 3:10:07 PM
From: SEC-ond-chance	Respond to of 12465

How Ironic, Defendants contend plaintiff’s lawsuit arises out of the exercise of free speech rights. However, the alleged acts underlying the complaint’s causes of action were statements made in direct, private telephone conversations between plaintiff and Mr. Markow. There is no indication Mr. Markow made the statements at issue in furtherance of his free speech rights in connection with any public issue....... In the present case, defendants’ acts, allegedly misrepresenting the nature of investments in shares of corporate stock, were not in furtherance of their free speech rights in connection with a public issue. This lawsuit is about whether defendants misrepresented, in private communications with plaintiff, the nature of the investments. It concerns a private dispute. Mr. Markow was not engaged in a public interest dialogue involving a publicly held corporation. He simply sought to induce plaintiff to purchase shares in two corporations. This was not a matter of general public interest within the meaning of the section 425.16. Section 425.16 cannot be construed to extend to the present case...... (THE COURT AIN'T DUMB)