what american lawyer defended the teaching of evolution in public schools?

by Devin McGlynn PhD 7 min read

Clarence Darrow's Speech
It was to a packed courthouse on Monday that arguments began by the defense working to establish the scientific validity of evolution, while the prosecution focused on the Butler Act as an education standard for Tennessee citizens, citing precedents.
Nov 17, 2017

Full Answer

Is it illegal to teach evolution in public schools?

Evolution Alternatives. While it’s no longer illegal for America’s public school science teachers to teach evolution, in the decades that have elapsed since Scopes, religious groups have endeavored to enforce the teaching of “alternatives” alongside evolution.

What was the Supreme Court ruling on the teaching of evolution?

In 1968 the U. S. Supreme Court finally overturned the laws that had banned the teaching of evolution. The Court ruled that banning the teaching of evolution "for the sole reason that it is deemed in conflict with a particular religious doctrine" was unconstitutional.

Why was the teaching of evolution banned in the United States?

In 1968 the U.S. Supreme Court finally overturned the laws that had banned the teaching of evolution. The Court ruled that banning the teaching of evolution "for the sole reason that it is deemed in conflict with a particular religious doctrine" was unconstitutional.

Should evolutionary theory be taught in schools?

Teaching students both the scientific strengths and weakness of neo-Darwinian and chemical evolutionary theories is consistent with academic freedom and avoids the problematic approach to the issue that the Court faced in Epperson. States have called for critical thinking about evolutionary theory, following Congress’s advice.

image

Who was fired for teaching evolution?

He was tried in a case known as the Scopes Monkey Trial, in which he was found guilty and fined $100 (equivalent to $1,545 in 2021)....John T. ScopesOccupationTeacher Football coachKnown forScopes Monkey TrialSpouse(s)Mildred E. WalkerChildren23 more rows

Who supported the Butler Act?

The law was introduced by Tennessee House of Representatives member John Washington Butler, from whom the law got its name. It was enacted as Tennessee Code Annotated Title 49 (Education) Section 1922, having been signed into law by Tennessee governor Austin Peay.

How did the ACLU respond to the Butler Act?

The Butler Act set off alarm bells around the country. The ACLU responded immediately with an offer to defend any teacher prosecuted under the law. John Scopes, a young popular high school science teacher, agreed to stand as defendant in a test case to challenge the law.

What states is it illegal to teach evolution?

States That Dont Teach Evolution 2022StateEvolution TeachingArkansasEvolution is required to be taughtCaliforniaEvolution is required to be taught; classes not teaching evolution may be deemed insufficient for collegeColoradoEvolution is standard; however, several schools teach creationism47 more rows

What was the Monkey Law?

In 1925, a high school science teacher named John Scopes was arrested, tried, and convicted of the crime of teaching evolution to his class in a public school in the state of Tennes see. Under a law known as The Butler Act, Tennessee had put an outright ban on the teaching of evolution in public schools.

How many people reject evolution?

Among the general public, one third of Americans reject evolution outright. Even more, over half of those who reject it say they don’t think scientists agree on evolution, and even among the general public — regardless of personal views on evolution — nearly 30 percent perceive a level of disagreement among scientists on the topic.

What percentage of Catholics believe in evolution?

Contrary to popular belief, the Catholic Church does not reject evolution , and according to Pew Research, 31 percent of Catholics believe in evolution.

How long did the Scopes trial last?

The Scopes Trial, as it became known, lasted just eight days, at the end of which the jury reached their verdict in less than ten minutes.

How long did the Butler Act last?

The Butler Act remained intact for almost another fifty years after Scopes, only to be repealed in 1967 after being challenged by ...

When was the Butler Act repealed?

The Butler Act remained intact for almost another fifty years after Scopes, only to be repealed in 1967 after being challenged by another young science teacher: Gary L. Scott, who had been fired for teaching evolution at a high school in Jacksboro, Tennessee.

Is it illegal to teach evolution?

Evolution Alternatives. While it’s no longer illegal for America’s public school science teachers to teach evolution, in the decades that have elapsed since Scopes, religious groups have endeavored to enforce the teaching of “alternatives” alongside evolution.

When did Darrow ask the jury to find Scopes guilty?

Verdict. On the morning of Tuesday, July 21, Darrow asked to address the jury before they left to deliberate. Fearing that a not guilty verdict would rob his team of the chance to file an appeal (another opportunity to fight the Butler Act), he actually asked the jury to find Scopes guilty.

Why did the judge take the unusual step of hearing the testimony without the jury present?

But because the prosecution objected to the use of expert testimony, the judge took the unusual step of hearing the testimony without the jury present. Metcalf explained that nearly all of the prominent scientists he knew agreed that evolution was a fact, not merely a theory.

Why was Scopes arrested?

The ACLU was notified of the plan, and Scopes was arrested for violating the Butler Act on May 7, 1925. Scopes appeared before the Rhea County justice of the peace on May 9, 1925, and was formally charged with having violated the Butler Act—a misdemeanor. He was released on bond, paid for by local businessmen.

What was the scopes trial?

On July 21, Scopes was found guilty and fined $100, but the fine was revoked a year later during the appeal to the Tennessee Supreme Court. As the first trial was broadcast live on radio in the United States, the Scopes trial brought widespread attention to the controversy over creationism versus evolution .

What was the name of the trial in Tennessee?

The Scopes "Monkey" Trial (official name is State of Tennessee v John Thomas Scopes) began on July 10, 1925, in Dayton, Tennessee. On trial was science teacher John T. Scopes, charged with violating the Butler Act, which prohibited the teaching of evolution in Tennessee public schools. Known in its day as "the trial of the century," ...

When was the Scopes Trial made into a movie?

A fictionalized version of the Scopes Trial, Inherit the Wind, was made into a play in 1955 and a well-received movie in 1960. The Butler Act remained on the books until 1967, when it was repealed. Anti-evolution statutes were ruled unconstitutional in 1968 by the U.S. Supreme Court in Epperson v Arkansas.

What was the first day of the Butler Act trial?

The first day of the trial was spent selecting the jury and was followed by a weekend recess. The next two days involved debate between the defense and prosecution as to whether the Butler Act was unconstitutional, which would thereby place doubt on the validity of Scopes' indictment.

What is the teaching of evolution?

Few educational issues have sparked such continuing controversy and debate as the teaching of evolution. In the past, the debate has been polarized between those who advocate teaching only the positive case for evolution and those who ask either to remove evolution or from the curriculum or to require teaching some form of creationism alongside evolution. (By “evolution” we mean both neo-Darwinian evolutionary theory in biology and chemical evolutionary theories for the origin of the first life from non-living chemicals.) School boards have been forced to address concerns about good science education as well as conflicting claims about constitutional limitations. But in the last decade a new approach to teaching about evolution has been developed to meet the test of good science and satisfy the courts’ standards of constitutionality. This new approach uses the phrase “teach the controversy.” The idea is to use scientific disagreements over evolution to help students learn more about evolution, and about how science deals with controversy. According to this approach, students should learn the scientific case for evolution, but in doing so they should study the scientific criticisms of various aspects of evolutionary theory.

Why do we use scientific disagreements over evolution?

The idea is to use scientific disagreements over evolution to help students learn more about evolution, and about how science deals with controversy. According to this approach, students should learn the scientific case for evolution, but in doing so they should study the scientific criticisms of various aspects of evolutionary theory.

What is the Epperson v. Arkansas case?

Arkansas (1967), the Supreme Court stated that while shaping public school curricula is within a state’s power, that power does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment. “To be sure, that case dealt with a statute that prohibiting the teaching of…the theory or doctrine that mankind ascended or descended from a lower order of animals…” But the same principle could be applied to the prohibition of teaching any criticism of such a theory.

When was the Kitzmiller v Dover case?

In December, 2005, a federal trial judge in Pennsylvania made a controversial ruling that it would be unconstitutional to teach the theory of intelligent design in public school science class. However, the decision in that case, Kitzmiller v. Dover Area School Board (M.D. Penn. 2005), was never appealed to an appellate court.

What did the Court say in Edwards v. Aguillard?

Aguillard (1987), the Court explicitly stated: “We do not imply that a legislature could never require that scientific critiques of prevailing scientific theories be taught.”. Public schools have broad discretion in developing curricula.

Why should science teachers avoid using the classroom?

As a result, science teachers should avoid even the appearance of exploiting a captive audience as distinguished from helping students develop critical thinking skills.

Why is it unconstitutional to exclude a theory?

Under Epperson, it is unconstitutional to exclude a theory simply because it is incompatible with the religious or anti-religious beliefs of a dominant group. At the same time, as noted above, curriculum must be chosen based upon the educational needs and resources available to the school board.

What is the teaching of evolution?

Few educational issues have sparked such continuing controversy and debate as the teaching of evolution. In the past, the debate has been polarized between those who advocate teaching only the positive case for evolution and those who ask either to remove evolution or from the curriculum or to require teaching some form of creationism alongside evolution. (By “evolution” we mean both neo-Darwinian evolutionary theory in biology and chemical evolutionary theories for the origin of the first life from non-living chemicals.) School boards have been forced to address concerns about good science education as well as conflicting claims about constitutional limitations. But in the last decade a new approach to teaching about evolution has been developed to meet the test of good science and satisfy the courts’ standards of constitutionality. This new approach uses the phrase “teach the controversy.” The idea is to use scientific disagreements over evolution to help students learn more about evolution, and about how science deals with controversy. According to this approach, students should learn the scientific case for evolution, but in doing so they should study the scientific criticisms of various aspects of evolutionary theory.

What is the Epperson v. Arkansas case?

Arkansas (1967), the Supreme Court stated that while shaping public school curricula is within a state’s power, that power does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment. “To be sure, that case dealt with a statute that prohibiting the teaching of…the theory or doctrine that mankind ascended or descended from a lower order of animals…” But the same principle could be applied to the prohibition of teaching any criticism of such a theory.

Is evolution a part of the curriculum?

Those who would like to remove evolution from the curriculum altogether have been told in no uncertain terms that the right to teach about this subject is inherent in the First Amendment. (Epperson v. Arkansas, 1967) At the same time, the U.S. Supreme Court has made clear that criticism of the theory of evolution may also be a required part of the curriculum. In the case of Edwards v. Aguillard (1987), the Court explicitly stated: “We do not imply that a legislature could never require that scientific critiques of prevailing scientific theories be taught.”

Who was the Christian leader who warned the public about the dangers of evolution?

Conservative Christian leaders like William Jennings Bryan began to warn the public of the dangerous social implications of evolution. 20 This was the beginning of what modern historians call the “anti- evolution crusade” of the 1920s.

Who said the teaching of history in schools should “afford frequent opportunities of showing the necessity of a public religion

For example, in a 1749 booklet on education, Benjamin Franklin said the teaching of history in schools should “afford frequent opportunities of showing the necessity of a public religion … and the excellency of the Christian religion above all others.” 2.

What was the purpose of the Scopes trial?

Tennessee passed an anti-evolution law in 1925, 21 which subsequently became the subject of the famous Scopes trial, a case that brought the conflict between creation and evolution to world attention.

What is the implication of evolution?

We must understand that the implication of evolution is that man is the highest product of evolution, and therefore man takes the place of God in deciding what’s right and wrong. The implication of creation, on the other hand, is that God created everything, and He decides what’s right and wrong.

When was the first public school law passed?

Believe it or not, that quote is from the first public school law ever passed in America, the “Old Deluder Satan Act” of 1647 . This was just the first of many early American writings that show that the public schools of today are quite different from the public schools of yesteryear.

When did Christianity start being taught in schools?

Firm Foundations. On into the colonial and founding periods of American history (early 1600s to the late 1700s), Christianity, the Bible and creation were taught openly in public schools, and incorporated throughout the various topics of education. For example, in a 1749 booklet on education, Benjamin Franklin said the teaching ...

Who believed in evolution?

In the late 1800s, Granville Stanley Hall was a prominent educator at Johns Hopkins University. 40 He believed in evolution and was a leader in the developing field of psychology. In 1904, he published a book on adolescence, advocating a new theory of child development based on evolutionary recapitulation. 41 This theory was soon to be applied to classrooms across America.

Why should teachers not teach evolution?

Teachers may avoid teaching evolution because (1) they do not believe evolutionary theory and do not want to teach it, (2) they want to avoid controversial issues to minimize discipline problems ( Nicholls & Nelson, 1992 ), or (3) they lack training with regard to teaching controversial issues ( Levinson, 2002 ).

Who was the substitute teacher in Tennessee?

That act led to the monumental trial in which the substitute teacher, John T. Scopes, was found guilty of teaching evolution in Tennessee. To this day, challenges to the teaching of evolution in public schools emerge and are contested in courts of law.

Why is evolution important to science?

The theory of evolution provides scientists with the best explanation for the diversity and interrelatedness of species on earth and has been supported by empirical research across scientific fields ranging from anatomy to zoology. The fact that evolution is supported by a vast and diverse amount of empirical research – and, in turn, provides support for other areas of research – is largely unquestioned by scientists. Because evolution is a central theme within the biological sciences, it holds a prominent place in the National Science Education Standards ( National Research Council, 1996 ), the Framework for K–12 Science Education ( National Research Council, 2012 ), and drafts of the Next Generation Science Standards ( Bybee, 2012). Many states also emphasize the importance of teaching biological evolution to secondary science students ( Gross, 2005 ), though the extent to which states address evolution is inconsistent ( Cavanagh, 2005; Skoog, 2005 ). In assigning grades to each state’s standards, Lerner et al. (2012) highlighted the undermining of evolution as a major issue leading to poor state science standards. Evolution standards that are ambiguous or inconsistent may leave to individual teachers the decision to teach or avoid evolution ( Goldsten & Kyzer, 2009 ). Therefore, it is increasingly important that individual teachers are aware of the legal issues surrounding the teaching of – or avoidance of teaching – evolution. The purpose of this article is to increase that awareness.

What are the three prongs of the entanglement test?

The test includes three prongs: (1) the act must have a bona fide secular purpose, (2) the act’s principal or primary effect must be one that neither advances nor inhibits religion , and (3) the act must not result in an excessive entanglement of government with religion ( Lofaso, 2009 ).

Can evolution be taught in high school?

In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications.

Do advocates of evolution address religious issues?

Advocates of evolution do not address the religious and political issues surrounding it. Berkman and Plutzer (2011) reported that 28% of the 926 practicing teachers surveyed were strong advocates of teaching evolution. Teachers who are advocates are likely to thoroughly cover the topic ( Trani, 2004 ).

What organizations are involved in evolution?

Organizations including the National Science Teaching Association, the National Association of Biology Teachers, and the National Academy of Sciences have produced statements, reports, classroom resources, professional development opportunities and more to advance the inclusion of evolution in the nation’s classrooms.

What is the sample of American science teachers?

Fielded between February and May of 2019, the 2019 Survey of American Science Teachers included both a high school and a middle school sample. The former is the focus of this paper and is based on a probability sample of public high school biology (and life science) teachers. The sample was drawn, based on investigator specifications, from a national teacher file maintained by MDR (Market Data Retrieval, a Dunn and Bradstreet direct mail firm that maintains the largest mailing list of educators in the US). To ensure national coverage, the national list of 30,847 high school biology teachers was first stratified by state and urban/suburban/other location. With the District of Columbia serving as a single stratum, this produced 151 segments. Within each segment, we selected a random sample with a sampling probability of roughly 0.08, yielding an initial set of 2503 high school biology teacher names and addresses.

What is the survey of science teachers?

The 2019 Survey of American Science Teachers is the third of a series of three scientific surveys of science teachers. The first, the 2007 National Survey of High School Biology Teachers, was funded by the National Science Foundation and focused on high school biology teachers and their approach to the teaching of evolutionary biology. The second, the 2014–2015 National Survey of American Science Teachers, was conducted by Penn State under with the National Center for Science Education and focused on the teaching of climate change. This second study added a sample of middle school teachers and sampled high school teachers of all four core subjects: earth science, biology, chemistry, and physics. This third study retains a focus on high school biology teachers (from the 2007 survey) and middle school science teachers (from the 2014–2015 survey).

What is the role of college coursework and professional development?

The role of college coursework and professional development. Teachers were asked to report, retrospectively, the number of full college courses focused on evolution, the number of college courses that included evolution as a topic, and the number of continuing education courses focused on evolution they took.

What was the key feature of the 2007 survey?

A key feature of the 2007 survey was a set of questions concerning the messages conveyed by teachers with respect to evolution’s scientific foundation and its centrality to modern biology. Those questions, with the same wording and in the same order, were included in the 2019 survey as well.

Is creationism a rejection of science?

But simply devoting time to creationism might not imply a rejection of modern science. That is because some teachers may raise the topic of creationism in the context of explaining why it is not scientific (Nelson et al. 2019 ). To see the full range of messages conveyed to students, we turn to two questions asking about creationist perspectives.

image

Darwin's Theory and The Butler Act

  • Scientists and philosophers were interested in the concept of evolution long before Charles Darwin (1809-1882) published The Origin of Species in 1859, but the theory of evolution remained incomplete because no convincing mechanism for it had been proposed. Darwin's theory of evol…
See more on encyclopedia.com

Arrest of John T. Scopes

A Legal Dream Team

State of Tennessee V John Thomas Scopes Begins

Kangaroo Court

Cross-Examination of William Jennings Bryan

  • The citizens of Dayton were not merely trying to protect biblical teachings with their arrest of Scopes; they had other motives as well. Prominent Dayton leaders and businessmen believed that the ensuing legal proceedings would draw attention to their little town and provide a boost to its economy. These businessmen had alerted Scopes to the ad placed by the ACLU and convinced …
See more on thoughtco.com

Verdict

  • Both the prosecution and the defense secured attorneys that would be certain to attract news media to the case. William Jennings Bryan—a well-known orator, secretary of state under Woodrow Wilson, and three-time presidential candidate—would head the prosecution, while prominent defense attorney Clarence Darrow would lead the defense. Although politically liberal…
See more on thoughtco.com

Aftermath

  • The trial began at the Rhea County courthouse on Friday, July 10, 1925, in a sweltering second-floor courtroom packed with more than 400 observers. Darrow was astonished that the session began with a minister reading a prayer, especially given that the case featured a conflict between science and religion. He objected but was overruled. A compromis...
See more on thoughtco.com

The Constitution Permits Scientific Critiques of Prevailing Scientific Theories.

  • On July 15, Scopes entered his plea of not guilty. After both sides gave opening arguments, the prosecution went first in presenting its case. Bryan's team set out to prove that Scopes had indeed violated Tennessee law by teaching evolution. Witnesses for the prosecution included the county school superintendent, who confirmed that Scopes had taught evolution out of A Civic Bi…
See more on thoughtco.com

The Constitution Prohibits The Censoring of Scientific Ideas.

  • Unable to call any of his expert witnesses to testify for the defense, Darrow made the highly unusual decision to call prosecutor William Jennings Bryan to testify. Surprisingly—and against the advice of his colleagues—Bryan agreed to do so. Once again, the judge inexplicably ordered the jury to leave during the testimony. Darrow questioned Bryan on various biblical details, includ…
See more on thoughtco.com

What About Intelligent Design?

  • On the morning of Tuesday, July 21, Darrow asked to address the jury before they left to deliberate. Fearing that a not guilty verdict would rob his team of the chance to file an appeal (another opportunity to fight the Butler Act), he actually asked the jury to find Scopes guilty. After only nine minutes of deliberation, the jury did just that. With Scopes having been found guilty, Ju…
See more on thoughtco.com

The Constitution Permits Scientific Critiques of Prevailing Scientific Theories.

  • Five days after the trial ended, the great orator and statesman, William Jennings Bryan, still in Dayton, died at the age of 65. Many said he died of a broken heart after his testimony had cast doubt upon his fundamentalist beliefs, but he had actually died of a stroke likely brought on by diabetes. A year later, Scopes' case was brought before the Tennessee Supreme Court, which up…
See more on thoughtco.com

The Constitution Prohibits The Censoring of Scientific Ideas.

Image
It is clear from U.S. Supreme Court precedents that the Constitution permits both the teaching of evolution as well as the teaching of scientific criticisms of prevailing scientific theories. Those who would like to remove evolution from the curriculum altogether have been told in no uncertain terms that the right to teach …
See more on intelligentdesign.org

What About Intelligent Design?

  • In Epperson v. Arkansas (1967), the Supreme Court stated that while shaping public school curricula is within a state’s power, that power does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment. “To be sur...
See more on intelligentdesign.org