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SARKAR v. DOE

Docket Nos. 326667, 326691.

897 N.W.2d 207 (2016)

318 Mich.App. 156

SARKAR v. DOE.

Court of Appeals of Michigan.

Decided December 6, 2016, at 9:00 a.m.

Attorney(s) appearing for the Case

Nacht, Roumel, & Salvatore, PC, Troy (by Nicholas Roumel ), for Fazlul Sarkar.

Boyle Burdett, Grosse Pointe Park (by Eugene H. Boyle, Jr. , and H. William Burdett, Jr. ), for John Doe.

American Civil Liberties Union Fund of Michigan (by Daniel S. Korobkin ), American Civil Liberties Union Foundation (by Alex Abdo ), and Jollymore Law Office, PC (by Nicholas J. Jollymore ), for PubPeer Foundation.

Perkins Coie LLP, Washington, DC (by Hayley L. Berlin , Todd M. Hinnen , and John R. Tyler ), for Twitter, Inc., and Google Inc.

Butzel Long, PC, Bloomfield Hills (by Robin Luce-Herrmann and Joseph E. Richotte ), and Paul Alan Levy , for Public Citizen, Inc.

Sachs Waldman PC, Bloomfield Hills (by Andrew Nickelhoff ) and Shapiro Arator LLP (by Matthew J. Craig ), for Bruce M. Alberts and Harold E. Varmus.

Before: FORT HOOD, P.J., and GLEICHER and O'BRIEN, JJ.

The issues presented in these appeals boil down to one simple question: Are the identities of anonymous scientists who comment on other scientists' research online protected by the First Amendment?

I. FACTUAL AND PROCEDURAL BACKGROUND

According to his complaint, plaintiff, "Fazlul H. Sarkar, PhD, is a distinguished...

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