Today in Supreme Court History: July 2

Gregg v. Georgia, 428 U.S. 153 (decided July 2, 1976): death penalty is ok if character/history of defendant taken into account and appellate review provided (in a sense reversing the judgments in Furman v. Georgia, 1972) Roberts v. Louisiana, 428 U.S. 325 (decided July 2, 1976): death penalty is unconstitutional if it’s mandatory for certain crimes (this decision cited Gregg) Proffitt v. Florida, 428 U.S. 242 (decided July 2, 1976): Florida death penalty is now o.k. because it has been changed along the lines of the Georgia law in Gregg ​ Fullilove v. Klutznick, 448 U.S. 448 (decided July 2, 1980): upholds against Equal Protection attack statute requiring 10% of funds for public works to go to minority contractors (fractured opinions, which allowed a later Court to more or less overrule this case and require strict scrutiny for such set-asides, Adarand Constructors v. Pena, 1995) New York v. Ferber, 458 U.S. 747 (decided July 2, 1982): First Amendment not violated by bans on children engaged in sexual activity (here, boys masturbating) even if not “obscene” (i.e., even if it has educational value and does not involve putting penis into some orifice)

Hobby v. United States, 468 U.S. 339 (decided July 2, 1984): even if there was discrimination in the selection of grand jury foremen (for 7 years, none had been black) that does not violate due process so as to dismiss indictment ​ Randall v. Loftsgaarden, 478 U.S. 647 (decided July 2, 1986): even when purchased as a tax shelter, the rescission benefits awarded to an investor after fraud is found does not act as setoff to the tax benefits received from the shelter Berkemer v. McCarty, 468 U.S. 420 (decided July 2, 1984): Miranda warning must be given when arrested for misdemeanors (drunk driving -- which the Court called a “minor traffic offense”??) and well as felonies Columbus Board of Education v. Penick, 443 U.S. 449 (decided July 2, 1979): Columbus, O. school district in violation of Brown desegregation order because its practice of assigning only black teachers to black schools and pattern of new school placements had effect of perpetuating segregation Richmond Newspapers v. Virginia, 448 U.S. 555 (decided July 2, 1980): closure of courthouse for criminal trial (defense moved for it, no one objected) was in violation of Sixth Amendment (public trial) and First Amendment (freedom of press); extensive opinion going through the historical rationale for Sixth Amendment right; distinguished Gannett v. DePasquale, 1979, which dealt only with pretrial arguments, not trials