Apparently, you can’t keep Mario Saad down.
The researcher, who had 12 figures in a paper corrected this week, was dealt a setback last week when a judge denied his motion to remove expressions of concern on four of his papers in the journal Diabetes, saying that would have amounted to prior restraint — essentially, censorship (a no-no, thanks to the First Amendment).
The relief Dr. Saad is seeking cannot not be viewed as a prior restraint as the expression of concern has been already published online and in print and has been seen by countless individuals. The ADA’s message has been disseminated and Dr. Saad is not seeking to stop the ADA from broadcasting this message in the first instance. Rather he is seeking to have the expression of concern removed at this time to limit the continued foreseeable harm and damage.
We’re not lawyers, as they say on the Internet. But Ken White — aka Popehat, who alerted us to the new motion — is, so we’ll defer to his opinion:
In other words, Dr. Saad thinks that when he asks the Court to order the ADA not to publish items in its print magazine, and to take down its online content, that’s not “prior restraint” because the ADA has already gotten to speak once…That is not an argument I’d expect from a lawyer. That is an argument I’d expect from a guy trying to start a fight in a bowling alley.
The American Diabetes Association, which publishes Diabetes, responded on March 2:
Plaintiff’s motion for reconsideration – based on the novel argument unsupported by any legal citation that injunctive relief cannot be viewed as a prior restraint on speech – should likewise be denied, especially given that it is contrary to First Circuit precedent and also because plaintiff is not relying on newly discovered evidence, there has not been a change in the law, nor was the decision based on a manifest error of law or fact.
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