RE:RE:RE:articleWish we could get our big birdie in court in Canada where our free speech laws are a little
different. IKE
Short-and-distort isn't just some anonymous poster on a stock forum yelling in all-caps about how XYZ will soon be a zero, however. That fact-free opinion would likely qualify as protected speech under the U.S. constitution. In 2012, the New York State Supreme Court dismissed a defamation suit against U.S. short-sellers, ruling their skepticism about a Canadian mining company's reported production figures was protected speech.9
Another recent defamation case brought against a company critic was settled after a U.S. district judge refused to dismiss it, however. The settlement required the defendant to acknowledge that many key statements in the report were false and to admit the idea for it came from a hedge fund client that was shorting the stock.