Yes, the Corporation had rights under the Constitution, even as against government arguments of national security.
2. Freedom of Speech: “Congress shall make no law…abridging the freedom of speech.”
In the 1970s, New York State enacted a law prohibiting anyone other than a licensed pharmacist from distributing nonprescription contraceptives to persons 16 years of age or over, prohibiting the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and prohibiting anyone, including licensed pharmacists, from advertising or displaying contraceptives.
Population Services International was a North Carolina corporation that distributed birth control knowledge and services. The corporation sold and advertised contraceptives to New Yorkers primarily through mail-order retail sale of nonmedical contraceptive devices, which was a violation of the New York law.
In Carey v. Population Services International, 431 U.S. 678 (1977), the Supreme Court held that the law was unconstitutional:
3. The Fourth Amendment to the United States Constitution provides that:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
For almost 100 years, this right of “the people” has been extended to corporations.
In 1924, the US Federal Trade Commission – acting on its own - demanded internal documents and private communications from the American Tobacco Co., and denied that any warrant or cause was needed. In FTC v. American Tobacco Co. - 264 U.S. 298 (1924), the Court held,
“A governmental fishing expedition into the papers of a private corporation, on the possibility that they may disclose evidence of crime, is so contrary to first principles of justice, if not defiant of the Fourth Amendment, that an intention to grant [that] power to a[n]agency will not be attributed to Congress unless expressed in most explicit language…We cannot attribute to Congress an intent to defy the Fourth Amendment, or even to come so near to doing so as to raise a serious question of constitutional law.”
And so yes, your desk and office and items in your workplace are subject to the same protections that you have elsewhere…because 4th amendment rights have been bestowed on businesses as well.
5. Double Jeopardy – most of us growing up watching police dramas know that you can not be tried for the same crime twice once you are acquitted. It is the 5th Amendment that offers us that protection: