Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Article III judges have the authority, upon a showing of “good cause,” to enter a “protective order” that limits the disclosure of civil discovery materials. Protective orders have the force of law and are enforceable through contempt.

For 45 years, even in the case of grand jury subpoenas, the U.S. Court of Appeals for the Second Circuit has employed a presumption against access to Rule 26(c) protected materials, “absent a showing of improvidence in the grant of [the] protective order or some extraordinary circumstance or compelling need.” Martindell v. International Telephone & Telegraph, 594 F.2d 291, 296 (2d Cir. 1979); see also In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d 1221, 1224 (2d Cir. 1991).