This is the application for leave to appeal from the lower court's denial of defendant, the anonymous "John Doe"'s motion to quash Cooley Law School's subpoena for information that would rip the mask from the anonymous blogger's face and disclose his identity in this defamation law suit.
Cooley is suing the anonymous blogger for defamation relative to some caustic blog posts highly critical of the law school's marketing tactics. These include a self-professed #2 national ranking and allegations that the law school practices fraudulent marketing tactics by making false graduate employment statistics.
The blogger's attorney, in this filing, claims that Cooley must make a showing that it's case has some merit prior to having the anonymous blogger's identity disclosed. The lawyer claims that Cooley's attorneys, the venerable Miller Canfield law firm, has not presented any evidence that they would prevail.
This brief is significant to the extent that it claims to pose a First Amendment issue of first impression in Michigan. The brief cites to federal constitutional law and survey's the Internet privacy laws of several states.
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