Facts: Respondent Keith Rhinehart brought an action for defamation against the petitioner Seattle Times after the newspaper published an article regarding the religious organization, the Aquarian Foundation, that Rhinehart led and its activities that Rhinehart alleged was defamatory. During the course of the discovery process, Rhinehart was compelled by the trial court to provide membership and donor lists. The trial court also issued an order prohibiting the Seattle Times from publishing information obtained about Rhinehart and the Aquarian Foundation during discovery. These orders were appealed by both parties to the Supreme Court of Washington.

Question(s): Does the trial court’s discovery order violate the Aquarian Foundation’s rights to privacy, freedom of religion, and freedom of association under the United States Constitution?

Does the trial court’s protective order preventing the publication of information obtained by the Seattle Times during discovery constitute a prior restraint upon speech prohibited by the 1st Amendment?

Conclusion: Justice Rosellini’s opinion for the Court ruled that both orders were constitutional. The Court held that the only restriction upon discovery is that the information sought must be relevant and not privileged and that the protective order was sufficient to protect Rhinehart from potential abuse of the discovery privilege by the Seattle Times. With regard to the protective order itself, the Court concluded that the judiciary’s interest in maintaining the integrity of the discovery process was a sufficiently compelling interest to justify imposing a prior restraint upon speech.

Docket No. 47938-1; 48155-5

Petitioner: Keith Rhinehart

(Counsel: Evan L. Schwab and Bruce E.H. Johnson)

Respondent: The Seattle Times Company

(Counsel: Malcolm L. Edwards and Robert G. Sieh)

Decided: Thursday, December 2nd, 1982

Prevailing Party: Keith Rhinehart (Petitioner)

Vote: 7-2

Opinion: 98 Wn.2d 226 (1982)

Court: Brachtenbach2 Court (1982)

Brachtenbach

Rosellini

Stafford

Utter

Dolliver

Williams

Dimmick

Dore

Pearson