Supreme Court Case: Gregg V. Georgia 1976

Gregg v. Georgia 1976

Constitutional Question: Is the death penalty constitutional, or is it a violation of his 8th and 14th amendment rights?

Background Information: In 1976, a man named Gregg was tried and and found guilty for the murder of two people. After his trail he was sentenced to death. Gregg did not agree with his punishment. He believed that the death penalty was a violation of his 8th and 14th amendment right. The 8th amendment protects us from cruel and unusual punishment and Gregg believed this was cruel punishment. The Supreme Court had to decide if his crime deserved the death penalties or if the death penalty violated his rights.

Opinion: The decision came out to be 7 to 2. The Supreme Court upheld the lower courts decision.

Kuhlmeier 1987

Constitutional Question: Does a school have the right to censor a students newspaper article or is this a violation of the students First Amendment rights of free press?

Background Information: Cathy Kuhlmeier was a high school student at Hazelwood High School. Her and her friends were writers in the school newspaper. The schools news paper was written, edited and published by the students. Before publishing it was sent to the principal to look over. The principal found two article that he thought were inappropriate and said couldn't be published. Kuhlmeier and her classmates were outraged and brought this case to Supreme Court.

Opinion: The lower courts said denying the students from publishing the article goes against the first amendment, no matter how appropriate it is. After this case went the the Supreme Court the lower courts decision was overturned. The Supreme Court's decision came out to be 5 to 3 in favor of Hazelwood School District. The Supreme Court decided that because it was the schools newspaper the school have the right to regulate and sensor any of the articles put in their newspaper.

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Texas v. Johnson

The Supreme Court decided in favor of Johnson. The Supreme Court believed that Johnson's actions were expressive conduct and there was a purpose to the flag burning. The Supreme Court decided that because this was an expression it is protected under the First Amendment.

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Oregon Employment Division v. Smith 1990

Constitutional Question: Can a person be denied unemployment benefits when fired because of using illegal drugs in religious ceremonies?

Background Information: Smith and a colleague worked at a drug rehabilitation center. Both of these man were Native American. These man partake in a religious ceremony of a Native American Church. During this religious ceremony the two men ingested a hallucinogen. These men were then fired from the private drug rehabilitation organization. These two men filed for unemployment but were denied. Their work said they were fired for misconduct which made them eligible for unemployment benefits

Opinion: The decision came out to be 6 to 3. The Supreme Court decided in favor of Oregon employment division. The Supreme Court believed that the use of illegal drugs even in religious ceremonies is illegal and wrong.