The problem, at least according to Public Citizen, is that the standard in Virginia isn clearly defined by that law. Appeals courts in the state have not previously considered this question, but Public Citizen argues in the brief filed Wednesday that other state appellate courts have, and they all reached conclusions contrary to Judge Clark other appellate court has held, whether under the First Amendment or under state procedures, that anonymous defendants are entitled to demand that the plaintiff make a factual showing, not just that the anonymous defendant has made critical statements, but also that the statements are actionable and that there is an evidentiary basis for the prima facie elements of the claim, the brief said. Yelp lead counsel,Paul Alan Levyof Public Citizen, told me the Virginia trial judge flat out erred in his interpretation of both the Virginia statute which Levy says is merely procedural and does not set out a standard for disclosing a critic identity and pr