Category Archives: FCC v. AT&T

FCC v. AT&T: A dissenting opinion

From Professor Bainbridge:

Twelve pages of what purports to be legal and grammatical analysis follows. But Chief Justice Roberts could have summed up his opinion far more succinctly: “Because at least 5 of us say so.”

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Decision in FCC v. AT&T

The Supreme Court has decided FCC v. AT&T, the most recent case in which I filed an amicus brief, which I wrote about here. The issue in the case is whether corporations are protected by the “personal privacy” exemptions in the Freedom of Information Act, and the Court unanimously ruled that (as my brief had argued) they are not. The decision is available here.

In my unbiased opinion, the opinion was influenced by the brief in several respects.

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“AT&T slips into the Supreme Court chamber this morning…”

“…moments before arguments are set to start. He feels slightly affronted that nobody seems to notice him. (AT&T is a very emotional guy.)”

Read the whole thing.

Personal privacy ≠ corporate privacy

I didn’t intend for the first substantive post here to be devoted to shameless self-promotion, but it’s not every day that a Supreme Court justice gives you a shout-out during an oral argument.

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