To: Jeff Tribble who wrote (369 ) 4/13/1998 2:48:00 PM From: Mason Barge Read Replies (2) | Respond to of 717
To thread, but especially Jeff Tribble and Lloy: Guys, this has been in the back of my mind for some time, but I didn't want you to think I was just pointing fingers. You simply cannot say, in public, things like "the fraud perpetrated by this criminal conspiracy" or state defamatory conclusions about a corporation, unless you can prove they are true. I've been concerned on several occasions about statements made by Lloy that, if correct, would cause me additional concern about the company. The first amendment gives us a lot of freedom, but if you're saying something extremely uncomplimentary that sounds like a factual statement, and it is not a recitation of verifiable facts, you need to state that it is an opinion, conclusion, analysis, etc. When Lloy said that the Wand PDL injections were "dangerous" I thought there was some study about to come out or something, but his reply made it pretty clear that he was just speculating that they might be dangerous. I handle defamation suits in my law practice and I just want to warn you guys, three of these posts have treaded on thin ice, insofar as possibly exceeding 1st Amendment protection. Anytime you use a word like "fraud" or "criminal" or "dangerous", state the reasons for your opinion. I'm not trying to trim your sails here -- I think negative posters perform an invaluable service on these boards -- but you need to stay within the limits of the defamation laws or the company may make your life miserable. Anything that is clearly opinion or prediction -- "this stock sucks", "they're going to lose a bundle", "management is doing a bad job" , "dentists aren't going to want to buy this thing" -- you're probably okay, even if you're wrong. (There is a different standard for actual malice. I don't think this applies to anyone here, but if someone has an ulterior motive for wanting to tout a stock or depress it -- i.e. market manipulation -- the law is a lot harsher. LIVINGSTON, N.J.--(BUSINESS WIRE)--April 13, 1998--Milestone Scientific Inc. (NASDAQ/NNM:WAND) today announced that it has sought the assistance of law enforcement authorities to combat a spate of false rumors circulating on Wall Street and the Internet. Among other things, these false rumors state that "clinical tests of The Wand(TM) are unreliable because of use of retarded subjects", "the Company's Chief Executive Officer has been indicted for fraud" and "there are serious side effects to use of The Wand(TM)." The Company stated that none of these rumors are true or have any basis in fact.