Wolff Packing Co. v. Court of Industrial Relations

Date: June 11, 1923

Citation: 262 U.S. 522

Issues: Freedom of contract; regulation of businesses

Significance: Taking a broad view of economic freedom, the Supreme Court placed the majority of businesses outside the reach of state regulations.

The 1920 Court Industrial Relations Act of Kansas provided for compulsory arbitration of labor disputes in several key industries and authorized a regulatory commission to decide wages and working conditions in many circumstances. The Supreme Court ruled unanimously that the law violated the freedom of contract as protected by the Fourteenth Amendment. Chief Justice William H. Taft’s opinion for the Court was influential because of its narrow definition of the “affected with a public interest” justification for regulating private businesses. Taft mentioned three categories of affected businesses: those operating under a public grant of privilege, such as public utilities; occupations historically recognized as performing a special service, such as inns or cabs; and powerful businesses, such as monopolies, which without regulation might subject the public to exorbitant charges and arbitrary control.

For the next decade, Taft’s definition of “affected with a public interest” served as a theoretical basis for striking down numerous state regulations. In Nebbia v. New York (1934), however, the Court rejected the public interest theory of Wolff Packing Co., and it accepted the idea that states had the authority to regulate all kinds of businesses, large or small.