The Court will weigh in on this last question, at least, on this year's docket. The justices have decided to review FCC v. AT&T, which concerns certain documents that AT&T handed over to the federal government during a 2004 billing probe. A trade association representing some of AT&T's competitors used the Freedom of Information Act to request access to these documents, which AT&T claimed would violate its privacy.
Philadelphia's Third Circuit Court of Appeals ruled in favor of AT&T, finding that the Freedom of Information Act's "personal privacy" exemption applies to corporations--suggesting, as the Supreme Court did in Citizens United, that corporations share many of the same rights as individuals.
Adam Liptak of The New York Times highlights Judge Michael A. Chagares' assertion that "'corporations, like human beings, face public embarrassment, harassment and stigma' because of their involvement in law enforcement investigations."
While this case is not a carbon copy of Citizens United and justices are not guaranteed to vote similarly, the Citizens breakdown may serve as a helpful barometer of where votes may fall on FCC. After all, both cases have at their core the issue of corporate "personhood" and the rights that accompany it. Justice Kennedy wrote the majority opinion for Citizens, justifying corporations' political spending by citing their First Amendment right to freedom of speech. Other yay votes included Chief Justice Roberts and Justices Alito, Scalia, and Thomas. Justices Stevens, Ginsburg, Sotomayor, and Breyer dissented.
