American Diabetes Association 1, Mario Saad 0.
As reported by the National Law Journal, a federal judge in Boston has denied Saad’s requests to stop the ADA’s flagship journal, Diabetes, from publishing expressions of concern about four of Saad’s papers, and to prevent the journal from retracting the studies.
Dr. Saad has moved for a temporary restraining order and preliminary injunction (1) requiring the ADA to remove the digital expression of concern that was published on the Diabetes website; (2) enjoining the ADA from publishing the hard-copy expression of concern in the March print issue of Diabetes; and (3) enjoining the ADA from retracting Dr. Saad’s four articles from Diabetes. The motion essentially asks for a court order preventing the ADA from expressing its concern about Dr. Saad’s work—a classic prior restraint that is presumptively invalid under the First Amendment.
Elsewhere, Hillman wrote:
Whatever interest Dr. Saad has in preserving his professional reputation, it is not enough to overcome the heavy presumption against the proposed order’s validity. This is precisely the type of circumstance in which the law forbids courts from halting speech before it occurs.
Saad’s lawyers told the National Law Journal that Hillman’s ruling
has permitted the journal Diabetes to continue to defame Dr. Saad, his co-authors, and the University of Campinas in São Paolo, Brazil, by questioning the reliability of the data in the articles, while at the same time ignoring the findings of the university that there was no evidence of dishonesty on the part of Dr. Saad.
The university and the ADA have strongly differing opinions on the validity of Saad’s work, as we’ve reported. An ADA spokesperson declined to comment to the National Law Journal.