Oklahoma Press Publishing Co., petitioner, vs. Walling, respondent. [327 U.S. 186.

February
11, 1946]
FACTS: In a prior case decided in 1945, the Administrator of the Wage and Hour Division of the
Fair Labor and Standards Act (FLSA) was granted authority by the US Supreme Court to enforce
subpoenas against petitioner pursuant to Sec. 11 (a) of the FLSA which enforces Sec. 9 & 10 of
the Federal Trade Commission Act. The subpoenas sought the production of pertinent records to
determine whether petitioners were covered by the FLSA and if they were violating the Act.
Petitioners claim that the Act is not applicable to them, and insist that the question of
applicability must be adjudicated before the subpoenas may be enforced.
ISSUE: Whether or not the enforcement of the subpoenas in ordering petitioner to produce the
specified records is a violation of the petitioners constitutional right against unlawful search and
seizure.
HELD: The Court held that the Administrator as authorized by Congress and upon a judicial
order may enforce the production of documents. It has long been established that Congress may
exercise wide investigative power over private corporations. Moreover, there is a distinction
between a figurative or constructive search and an actual search and seizure. Constructive
searches are limited by Amendment IV (equivalent to Section 2 of Art. III), where actual search
and seizure requires a warrant based on probable cause. In the case of a constructive search
where the records and papers sought are of corporate character, the court held that the Fourth
Amendment does not apply, since corporations are not entitled to all the constitutional
protections created in order to protect the rights of private individuals (to be secure in
person/home, right against self-incrimination etc).