FCC, et al. v. AT&T Inc., et al.

Term: 2010 Term
Oral Argument Date: January 19, 2011
Vote: 8-0
Opinion: Roberts

Question(s) Presented

Whether Freedom of Information Act Exemption 7(c)'s protection for "personal privacy" protects the "privacy" of corporate entities.

NCLC's Position

NCLC urged the Supreme Court to hold that the Federal Communications Commission (FCC) erred when it held that a corporation lacked the personal privacy protected by Exemption 7(C) of the Freedom of Information Act. In this case, a trade association sought highly sensitive and confidential information produced by AT&T during an investigation by the FCC. In its brief, NCLC argued that the FCC's interpretation of Exemption 7(C) ignores Supreme Court precedent and disregards congressional intent. NCLC warned that the FCC interpretation discourages companies from cooperating during federal investigations.

Case Outcome

The Supreme Court held that corporations do not have “personal privacy” for the purposes of Exemption 7(C) of the Freedom of Information Act (FOIA).  

Justices in Majority
Alito
Breyer
Ginsburg
Kennedy
Roberts
Scalia
Sotomayor
Thomas
Procedural History

Amicus brief filed 12/16/10. Moot court held 1/11/11. Oral argument held 1/19/11. Decided 3/1/11.

Case Documents