The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
Carole J. Breitenbach, Clear Standards for Discovery Protective Orders: A Missed Opportunity in Rhinehart v. Seattle Times Co., 8 SEATTLE U. L. REV. 123 (1984).