It's not that the 1st Amendment is a joke to them -- it's that they
understand that your right to speak your mind is not absolute. Never has
been.

You have a right to speak your mind so long as it doesn't substantially
interfere with the rights of other people.

You can't, in the famous example, yell "fire" in a crowded movie theater.
This is not a protected right under the Constitution. Other people have a
right to life and property, all of which you are potentially taking from
others by such a bogus act (life because somebody could be killed in the
stampede -- a foreseeable consequence of the action) and property because
they've paid good money to see the show and now may miss it or part of it).

At the same token, companies have rights to protect trade secrets. It's a
lawyers job to protect those secrets.

Because not all issues of competing rights are clear cut, we have lawsuits
and courts and lawyers and such. They're there for the gray areas. If all
issues were black and white, we wouldn't need them.

The issues raised previously fall into some gray areas that can only be
resolved through mature reasoning (some sort of agreement between the
parties) or through a court case.

H.




-----Original Message-----
From: Michael Dinowitz [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 03, 2002 8:39 AM
To: CF-Community
Subject: RE: I was wrong


Any non-publicly released information about a company by people inside the
company or people in certain relationships to people in the company that is
used to change the stock price can fall under insider trading. On the other
hand, information that is overheard can be considered non-insider trading
in many situations.
If you heard some information about an Apple product and posted it up to a
website then you are can be looked at in that category. Remember that
lawyers will use a lot to get their way. 1st amendment is a joke to them. I
saw an article about a new Apple handheld today and the site was down
almost immediately.

At 11:38 AM 1/3/02, you wrote:
>How would making a web site about a secret product be insider trading?
>
>-rc
>
> > -----Original Message-----
> > From: Michael Dinowitz [mailto:[EMAIL PROTECTED]]
> > Sent: Thursday, January 03, 2002 11:27 AM
> > To: CF-Community
> > Subject: I was wrong
> >
> >
> > I just checked it out and the stuff I mentioned about being
> > able to speak
> > on overheard topics was concerning insider trading. I'll have
> > to refer you
> > to slashdot's archives for first amendment issues and
> > overheard stuff.
> >
>

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