From Authors Guild & Am. Council of Learned Societies v. National Endowment for the Humanities, decided today by Judge Colleen McMahon (S.D.N.Y.):
Defendants … move for entry of a protective order in the aftermath of Plaintiffs' decision to publish on the internet video recordings of four depositions taken during discovery in these consolidated actions. The videos—totaling approximately twenty-five hours of testimony—were posted publicly on YouTube and on the websites of Plaintiffs American Council of Learned Societies and Modern Language Association. The Government objected to their dissemination, particularly in light of reported harassment, even threats, directed at the witnesses and members of their families after the videos were posted.
On March 13, 2026, the Court issued an interim order directing Plaintiffs to remove the videos and to cease further dissemination pending full briefing, argument, and resolution of the dispute. The videos have since been taken down.
The Government now seeks a protective order prohibiting Plaintiffs from republishing the recordings and restricting Plaintiffs' dissemination of any discovery materials that are not filed on the public docket. The Government is correct that the videos are not judicial documents and so carry no presumption of public access.
But they are also not covered by the existing protective order in this case and, absent a court order, could be publicly disseminated by any party in the ordinary course. The issue is therefore whether the Government has carried its burden under Rule 26(c) to justify restricting that dissemination. It has not.
The Government's motion for a new protective order is therefore DENIED….
