Recently, a pharmacy journal publisher and article
author were sued for defamation by a device
manufacturer where the publication compared
and opined on the performance of devices for
compounding sterile products. The court granted
the defendants motion to dismiss stating lack of
actual malice (a necessary element of
defamation). In this ruling, the court protected the
() of scientists to report
product comparisons and the rights of publishers
regarding the peer review process and publication
of such comparisons
First Amendment rights