FCC v. AT&T

Case Date: 01/19/2011
Docket No: none

Facts of the Case 

CompTel, a trade association that represents some of AT&T;'s competitors, filed a FOIA request with the Federal Communications Commision in 2005, seeking documents related to an FCC probe into whether AT&T; had overcharged the agency for work on a technology education project. AT&T; fought the request, contending the production of the documents violated Exemption 7(c) of FOIA, which exempts document disclosures in law enforcement records that would constitute an invasion of “personal privacy.”

The FCC rejected AT&T;'s argument, but in September 2009, the U.S. Court of Appeals for the Third Circuit held that the phrase "personal privacy" applied to corporations because other sections of FOIA had defined "person" as a corporation.

Read the Briefs for this Case
  • Brief of Collaboration On Government Secrecy as Amicus Curiae In Support of Petitioner
  • Brief of Free Press as Amicus Curiae In Support of Petitioners
  • Brief Amici Curiae of the Reporters Committee for Freedom of the Press And Twenty Two Media Organizations In Support of Petitioners
  • Question 

    May corporations assert personal privacy interests to prevent the government from releasing documents about them?

    Argument FCC v. AT&T - Oral ArgumentFull Transcript Text  Download MP3FCC v. AT&T - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 8 votes for FCC, 0 vote(s) against Legal provision: Freedom of Information Act, privacy

    No. The Supreme Court reversed the lower court decision in a unanimous opinion by Chief Justice John G. Roberts, Jr.. The court held that corporations do not have a right of personal privacy that would protect them from the disclosure of public records that have been handed over to federal agencies. Justice Elena Kagan took no part in consideration of the case.