Confidentiality and Protective Orders
Sealing and Redaction
Courts recognize a common law and in some contexts First Amendment presumption of public access to judicial records and proceedings. Overcoming it requires specific findings that countervailing interests outweigh the public interest.
The presumption is stronger for material filed in connection with dispositive motions.
Alternative Names:
Right of Public Access, Presumption of Access
Why it Matters?
This presumption is why a protective order governing exchange between parties does not authorize sealed filing, a distinction parties routinely miss. The strength of the presumption also scales with the material's role: discovery material never filed carries little access interest, while exhibits to a summary judgment motion carry a strong one. Framing sealing requests around that distinction is more effective than invoking the protective order.
Frequently Confused with
Related terms
Frequently asked questions
Does a protective order permit sealed filing?
Does the presumption vary in strength?
