On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain competitive intelligence, as well as data sellers and aggregators, and media outlets. The case arises from the Fourth Circuit Court of Appeals, which affirmed the Eastern District of Virginia’s grant of summary judgment upholding the constitutionality of a restriction in the Virginia Freedom of Information Act (VFOIA) that permits only citizens of Virginia to submit requests for public records under that statute. The petitioners claim that the citizens-only restriction violates the Privileges and Immunities Clause of the U.S. Constitution, as well as the dormant Commerce Clause. While all 50 states have FOIAs, only a few, including Tennessee and Arkansas, continue to enforce “citizens-only” limitations like Virginia’s. Upholding that restriction could spur other states seeking to reduce the volume of FOIA requests to enact similar restrictions, creating additional protections for confidential information of businesses in the hands of state and local governments.