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To: bigchad who wrote (3811)6/8/2018 4:51:41 PM
From: Art Bechhoefer  Read Replies (1) | Respond to of 4828
 
Yes, I watch several financial news channels, and I note that those who recommend stocks are very careful in their wording. They'll usually say something such as "I like such and such stock," but they almost never say "Buy this stock."

Now there is a critical difference between the two statements. The first is merely expression of an opinion, covered under the First Amendment as freedom of speech. The second, a recommendation to investors to take an investment related action, is regulated speech, subject to securities laws, and for good reason. By the way, it is not only for an individual writing or giving a recommendation, but the law also covers the organization that publishes the information. That is why you often see the disclaimer, "The foregoing opinions are those of the writer (speaker) and do not necessarily reflect the views of this organization."

In short, if you publicly advise people about buying or selling securities, you can be prosecuted for touting or making recommendations that might benefit you, especially if what you are recommending is a security that is very risky or in some way unsuitable for the average investor. And by extension, the organization publishing your views can also be prosecuted if it publishes no disclaimer regarding those views.

I've been doing this work for awhile, and I know a couple of things about it.

Art