Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"
Holding that ordinances mandating disclosure of organizations' membership lists violated the First Amendment as applied where "substantial uncontroverted evidence" indicated that people identified as members of the organizations were harassed and threatened, and fear of community hostility resulting from disclosure caused reductions in membership
Finding that this test was a "flexible, non-technical, fact sensitive mechanism for courts to use as a means of ensuring that plaintiffs do not use discovery procedures to ascertain identities of unknown defendants in order to harass, intimidate or silence critics in the public forum opportunities presented by the Internet."