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Line 1: − {{Infobox Court Case + − | name = Scopes v. State − | court = Criminal Court of Tennessee − | image = [[Image:No image.png]] − | date_decided = [[July 21]], [[1925]] − | full_name = The State of Tennessee v. John Thomas Scopes − | citations = None − | judges = [[John T. Raulston]] − | prior_actions = − | subsequent_actions = ''[[Scopes Trial#Appeal to Supreme Court of Tennessee|Scopes v. State (1926)]]'' − | opinions = The Butler Act does not violate church and state or state religion laws but instead merely prohibits the teaching of evolution on the grounds of intellectual disagreement and leaves the only non-religion specific option as creationism.}} − [[image:7091Davis18.jpg|right|thumb|300px|William Jennings Bryan (seated at left) being interrogated by Clarence Seward Darrow, during the trial of State of Tennessee vs. John Thomas Scopes, July 20, 1925]] + − − [[John Scopes]], a high school teacher, was arrested for teaching evolution from a chapter in a textbook which showed ideas developed from those set out in [[Charles Darwin's]] book ''[[The Origin of Species]]''. The famous trial was made infamous by the fictionalized accounts given in the [[1955]] play ''[[Inherit the Wind]]'' and [[1960]] [[Hollywood, Los Angeles, California|Hollywood]] [[film|motion picture]] of the same name. − ==Butler Act== − At issue was the [[Butler Act]], which had been passed a few months earlier by the [[Tennessee General Assembly]]. The Butler Act provided: − <blockquote>"... that it shall be unlawful for any teacher in any of the Universities, Normals and all other public schools of the State which are supported in whole or in part by the public school funds of the State, to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals."</blockquote>+ − At that time in history the theory of [[evolution]] was considered [[creation-evolution controversy|controversial]] in public opinion, and a large faction of its detractors linked it with [[atheism]]. It would not be until the 1930s that the beginnings of the [[Modern evolutionary synthesis|modern synthesis]] brought [[Darwinism]] to the core of modern biology. In his published work ''In His Image'', William Jennings Bryan argued that evolution was both irrational and immoral. Bryan was highly influential in raising public and legislative support for the Butler Act, and its enactment by the legislature of Tennessee came at least partially as a result of his advocacy.+ − A prominent progressive Christian, Bryan's values were offended by evolution, which was considered synonymous with (or at least related to) [[eugenics]] and [[white supremacy]], due to the influence of the now-discredited (and mostly unrelated) range of ideas later termed [[social Darwinism]].+ − ==Testing the Butler Act==+ − The [[American Civil Liberties Union]] (ACLU) had offered to defend anyone accused of teaching the theory of evolution in defiance of the Butler Act. [[George Rappleyea]], who managed a number of local mines, convinced a group of businessmen in [[Dayton, Tennessee]], then a town of 1,800, that the controversy of such a trial would put Dayton on the map. With their agreement, he called in his friend, 24-year-old John T. Scopes, who was the Rhea County High School's football coach who had substituted for the principal in a science class. Rappleyea asked Scopes to teach Darwinism. − Rappleyea pointed out that while the Butler Act prohibited the teaching of the theory of evolution, the state required teachers to use a textbook - George Hunter's ''[[Civic Biology]]'' (1914) - which explicitly described and endorsed the theory of evolution, and that teachers were therefore effectively required to break the law. Scopes could not actually remember having covered the section on evolution in Hunter's textbook, but he told the group "If you can prove that I've taught evolution and that I can qualify as a defendant, then I'll be willing to stand trial." They proved it, and he became the defendant.+ − + − Scopes was charged with having taught from the chapter on evolution to a class at the high school on [[May 5]], [[1925]] in violation of the Butler Act (and nominally arrested, though never detained). He was indicted on May 25.<ref>{{harvnb|Larson|1997|p=89,107}}</ref>+ − ==Prosecution and defense teams==+ − The original [[prosecutor]]s were Scopes' friends, [[Herbert E. Hicks|Herbert E.]] and [[Sue K. Hicks]], a pair of brothers who were local attorneys. − Hoping to attract major press coverage, [[George Rappleyea]], the person primarily responsible for convincing Scopes to allow himself to be charged with breaking the law, went so far as to write to the [[United Kingdom|British]] [[novel]]ist [[H. G. Wells]] asking him to join the defense team. Wells replied that he had no legal training in Britain, let alone in America, and declined the offer. However, John R. Neal, a [[law school]] [[professor]] from [[Knoxville, Tennessee|Knoxville]], announced that he would act as Scopes' attorney — whether Scopes liked it or not — and became the nominal head of the defense team. + − + − In response, [[Clarence Darrow]], a staunch [[agnosticism|agnostic]], volunteered his services to the defense. After many changes back and forth, the defense team consisted of Darrow, ACLU attorney [[Arthur Garfield Hays]], and [[Dudley Field Malone]], an international [[divorce]] lawyer who had worked with Bryan in the [[United States Department of State|State Department]] while Bryan was [[United States Secretary of State|Secretary of State]].+ − The prosecution team was led by [[Tom Stewart]], [[district attorney]] for the 18th Circuit (and future [[United States Senate|United States Senator]]), and included, in addition to Bryan and Herbert and Sue Hicks, Ben B. McKenzie and William Jennings Bryan, Jr. The trial was covered by journalists from around the world, including [[H. L. Mencken]] for ''[[The Baltimore Sun]]'', which was also paying part of the defense's expenses. It was Mencken who provided the trial with its most colorful labels such as the "Monkey trial" of "the infidel Scopes." It was also the first U.S. trial to be broadcast on national [[radio]].+ − ==Trial==+ − [[Image:scopes trial.jpg|right|thumb|230px|[[Clarence Darrow]] and [[William Jennings Bryan]] chat in court during the Scopes Trial.]] − The ACLU had originally intended to oppose the Butler Act on the grounds that it violated the separation of Church and State within the public education system and was therefore unconstitutional. Mainly due to Clarence Darrow, this strategy changed as the trial progressed, and the earliest argument proposed by the defense once the trial had started was that there was actually no conflict between evolution and the [[Creation (theology)|creation account in the Bible]]. In support of this claim, they brought in eight experts on evolution. Other than Dr. Maynard Metcalf, the Judge would not allow these experts to testify in person. Instead, they were allowed to submit written statements so that their evidence could be used at the appeal. In response to this decision, Darrow made a sarcastic comment to Judge [[John T. Raulston|Raulston]], for which he apologized the next day keeping himself from being found in [[contempt of court]]. − By the latter stages of the trial, Clarence Darrow had largely abandoned the ACLU's original strategy and attacked the literal interpretation of the Bible as well as Bryan's limited knowledge of other religions and science.+ − − Only when the case went to appeal, did the defense return to the original claim that the prosecution was invalid because the law was essentially designed to benefit a particular [[religion|religious]] group, which would be [[Constitutionality|unconstitutional]]. − To support his contention that evolution was morally pernicious, Bryan cited the famous [[Leopold-Loeb]] trial involving Darrow the year before the Scopes Trial. Darrow had saved two rich young child [[murder]]ers from the death sentence, and Bryan cited Darrow's own words:+ − <blockquote>This terrible crime was inherent in his organism, and it came from some ancestor … Is any blame attached because somebody took [[Nietzsche|Nietzsche's]] [evolutionary] philosophy seriously and fashioned his life upon it? … It is hardly fair to hang a 19–year–old boy for the philosophy that was taught him at the university.</blockquote>+ − Malone responded for the defense in a speech that was universally considered the oratorical triumph of the trial. Arousing fears of "inquisitions," Malone argued that the Bible should be preserved in the realm of theology and morality and not put into a course of science. In his gale-force conclusion, Malone declared that Bryan's "duel to the death" against evolution should not be made one-sided by a court ruling that took away the chief witnesses for the defense. Malone promised that there would be no duel because "There is never a duel with the truth." The courtroom went wild when Malone finished and Scopes himself declared Malone's speech to be the dramatic highpoint of the entire trial and insisted that part of the reason Bryan wanted to go on the stand was to regain some of his tarnished glory.+ − On the sixth day of the trial the defense ran out of witnesses. The judge declared that all of the defense testimony on the Bible was irrelevant, and should not be presented to the jury (which had been excluded during the defense). He declared that the Bible in question was the official Bible of the State of Tennessee, and that this was the King James version. One of the defense attorneys, probably Darrow, asked "Where are we to find an expert on the Bible who is acceptable to the court?" Bryan interjected "I am an expert on the Bible." Thus Bryan volunteered to be a defense witness.+ − | name = Scopes v. State+ − | court = Criminal Court of Tennessee − | image = [[Image:No image.png]] − | date_decided = [[July 21]], [[1925]] − | full_name = The State of Tennessee v. John Thomas Scopes − | citations = None − | judges = [[John T. Raulston]] − | prior_actions = − | subsequent_actions = ''[[Scopes Trial#Appeal to Supreme Court of Tennessee|Scopes v. State (1926)]]'' − | opinions = The Butler Act does not violate church and state or state religion laws but instead merely prohibits the teaching of evolution on the grounds of intellectual disagreement and leaves the only non-religion specific option as creationism.}} − [[image:7091Davis18.jpg|right|thumb|300px|William Jennings Bryan (seated at left) being interrogated by Clarence Seward Darrow, during the trial of State of Tennessee vs. John Thomas Scopes, July 20, 1925]] + − The "'''Scopes Trial'''" (''Scopes v. State, 152 Tenn. 424, 278 S.W. 57 (Tenn. 1925)'', often called the "'''Scopes Monkey Trial'''") pitted [[lawyer]]s [[William Jennings Bryan]] and [[Clarence Darrow]] against each other (the latter representing [[teacher]] [[John T. Scopes|John Thomas Scopes]]) in an [[United States|American]] [[Legal case|legal case]] that tested a [[law]] passed on [[March 13]], [[1925]], which forbade the teaching, in any state-funded educational establishment in [[Tennessee]], of "any theory that denies the story of the [[Creation (theology)|Divine Creation]] of man as taught in the [[Bible]], and to teach instead that man has descended from a lower order of animals." This is often interpreted as meaning that the law forbade the teaching of any aspect of the theory of [[evolution]]. − [[John Scopes]], a high school teacher, was arrested for teaching evolution from a chapter in a textbook which showed ideas developed from those set out in [[Charles Darwin's]] book ''[[The Origin of Species]]''. The famous trial was made infamous by the fictionalized accounts given in the [[1955]] play ''[[Inherit the Wind]]'' and [[1960]] [[Hollywood, Los Angeles, California|Hollywood]] [[film|motion picture]] of the same name. − ==Butler Act== − At issue was the [[Butler Act]], which had been passed a few months earlier by the [[Tennessee General Assembly]]. The Butler Act provided: − <blockquote>"... that it shall be unlawful for any teacher in any of the Universities, Normals and all other public schools of the State which are supported in whole or in part by the public school funds of the State, to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals."</blockquote>+ − At that time in history the theory of [[evolution]] was considered [[creation-evolution controversy|controversial]] in public opinion, and a large faction of its detractors linked it with [[atheism]]. It would not be until the 1930s that the beginnings of the [[Modern evolutionary synthesis|modern synthesis]] brought [[Darwinism]] to the core of modern biology. In his published work ''In His Image'', William Jennings Bryan argued that evolution was both irrational and immoral. Bryan was highly influential in raising public and legislative support for the Butler Act, and its enactment by the legislature of Tennessee came at least partially as a result of his advocacy.+ − A prominent progressive Christian, Bryan's values were offended by evolution, which was considered synonymous with (or at least related to) [[eugenics]] and [[white supremacy]], due to the influence of the now-discredited (and mostly unrelated) range of ideas later termed [[social Darwinism]].+ − ==Testing the Butler Act==+ − The [[American Civil Liberties Union]] (ACLU) had offered to defend anyone accused of teaching the theory of evolution in defiance of the Butler Act. [[George Rappleyea]], who managed a number of local mines, convinced a group of businessmen in [[Dayton, Tennessee]], then a town of 1,800, that the controversy of such a trial would put Dayton on the map. With their agreement, he called in his friend, 24-year-old John T. Scopes, who was the Rhea County High School's football coach who had substituted for the principal in a science class. Rappleyea asked Scopes to teach Darwinism. − Rappleyea pointed out that while the Butler Act prohibited the teaching of the theory of evolution, the state required teachers to use a textbook - George Hunter's ''[[Civic Biology]]'' (1914) - which explicitly described and endorsed the theory of evolution, and that teachers were therefore effectively required to break the law. Scopes could not actually remember having covered the section on evolution in Hunter's textbook, but he told the group "If you can prove that I've taught evolution and that I can qualify as a defendant, then I'll be willing to stand trial." They proved it, and he became the defendant.+ − Scopes was charged with having taught from the chapter on evolution to a class at the high school on [[May 5]], [[1925]] in violation of the Butler Act (and nominally arrested, though never detained). He was indicted on May 25.<ref>{{harvnb|Larson|1997|p=89,107}}</ref>+ − ==Prosecution and defense teams==+ − − Hoping to attract major press coverage, [[George Rappleyea]], the person primarily responsible for convincing Scopes to allow himself to be charged with breaking the law, went so far as to write to the [[United Kingdom|British]] [[novel]]ist [[H. G. Wells]] asking him to join the defense team. Wells replied that he had no legal training in Britain, let alone in America, and declined the offer. However, John R. Neal, a [[law school]] [[professor]] from [[Knoxville, Tennessee|Knoxville]], announced that he would act as Scopes' attorney — whether Scopes liked it or not — and became the nominal head of the defense team. + − [[Baptist]] pastor [[William Bell Riley]], the founder and president of the [[World Christian Fundamentals Association]], was instrumental in calling lawyer and three-time Democratic presidential candidate and lifelong Presbyterian [[William Jennings Bryan]] to act as that organization's counsel. + − + − In response, [[Clarence Darrow]], a staunch [[agnosticism|agnostic]], volunteered his services to the defense. After many changes back and forth, the defense team consisted of Darrow, ACLU attorney [[Arthur Garfield Hays]], and [[Dudley Field Malone]], an international [[divorce]] lawyer who had worked with Bryan in the [[United States Department of State|State Department]] while Bryan was [[United States Secretary of State|Secretary of State]].+ − + − − − ==Trial== − [[Image:scopes trial.jpg|right|thumb|230px|[[Clarence Darrow]] and [[William Jennings Bryan]] chat in court during the Scopes Trial.]] − − − By the latter stages of the trial, Clarence Darrow had largely abandoned the ACLU's original strategy and attacked the literal interpretation of the Bible as well as Bryan's limited knowledge of other religions and science. − Only when the case went to appeal, did the defense return to the original claim that the prosecution was invalid because the law was essentially designed to benefit a particular [[religion|religious]] group, which would be [[Constitutionality|unconstitutional]].+ − − To support his contention that evolution was morally pernicious, Bryan cited the famous [[Leopold-Loeb]] trial involving Darrow the year before the Scopes Trial. Darrow had saved two rich young child [[murder]]ers from the death sentence, and Bryan cited Darrow's own words: − − <blockquote>This terrible crime was inherent in his organism, and it came from some ancestor … Is any blame attached because somebody took [[Nietzsche|Nietzsche's]] [evolutionary] philosophy seriously and fashioned his life upon it? … It is hardly fair to hang a 19–year–old boy for the philosophy that was taught him at the university.</blockquote> − − Malone responded for the defense in a speech that was universally considered the oratorical triumph of the trial. Arousing fears of "inquisitions," Malone argued that the Bible should be preserved in the realm of theology and morality and not put into a course of science. In his gale-force conclusion, Malone declared that Bryan's "duel to the death" against evolution should not be made one-sided by a court ruling that took away the chief witnesses for the defense. Malone promised that there would be no duel because "There is never a duel with the truth." The courtroom went wild when Malone finished and Scopes himself declared Malone's speech to be the dramatic highpoint of the entire trial and insisted that part of the reason Bryan wanted to go on the stand was to regain some of his tarnished glory. − − On the sixth day of the trial the defense ran out of witnesses. The judge declared that all of the defense testimony on the Bible was irrelevant, and should not be presented to the jury (which had been excluded during the defense). He declared that the Bible in question was the official Bible of the State of Tennessee, and that this was the King James version. One of the defense attorneys, probably Darrow, asked "Where are we to find an expert on the Bible who is acceptable to the court?" Bryan interjected "I am an expert on the Bible." Thus Bryan volunteered to be a defense witness. − − ==Examination of Bryan== − On the seventh day of the trial, Clarence Darrow took the unorthodox step of calling William Jennings Bryan, counsel for the prosecution, to the stand as a witness in an effort to demonstrate that belief in the historicity of the Bible and its many accounts of [[miracle]]s was unreasonable. Bryan accepted, on the understanding that Darrow would in turn submit to questioning by Bryan. − − ===Biblical miracles and creation days=== − Darrow questioned the story of [[Jonah]], the account of the Earth standing still, and the [[Ussher chronology]]. Bryan responded by steadfastly adhering to belief in the reported miracles, but asserted that he did not know how old the Earth was, as the Ussher chronology was only a calculation of men. When asked to explain the use of the word "Day" in the first chapter, he said: − − <blockquote>I have not attempted to explain it. If you will take the second chapter—let me have the book. (Examining Bible.) The fourth verse of the second chapter says: "These are the generations of the heavens and of the earth, when they were created in the day that the Lord God made the earth and the heavens," the word "day" there in the very next chapter is used to describe a period. I do not see that there is any necessity for construing the words, "the evening and the morning," as meaning necessarily a twenty-four-hour day, "in the day when the Lord made the heaven and the earth."</blockquote> − − ===Adam and Eve=== − The questioning continued into whether [[Adam and Eve|Eve]] was actually created from Adam's rib, where [[Cain]] got his wife, and how many people lived in [[Ancient Egypt]]. The celebrated "duel in the shade" was very heated with Darrow telling Bryan, "You insult every man of science and learning in the world because he does not believe in your fool religion." In response Bryan declared: "The reason I am answering is not for the benefit of the superior court. It is to keep these gentlemen from saying I was afraid to meet them and let them question me, and I want the Christian world to know that any atheist, agnostic, unbeliever, can question me anytime as to my belief in God, and I will answer him." − − Bryan, gauging the effect the session was having, snapped that its purpose was "to cast ridicule on everybody who believes in the Bible." Darrow, with equal vehemence, retorted, "We have the purpose of preventing bigots and ignoramuses from controlling the education of the United States." − − ==The end of the trial== − The confrontation between Bryan and Darrow lasted for approximately two hours on the afternoon of the seventh day of the trial. It is likely that it would have continued the following morning, but for Judge Raulston's announcement that he considered the whole examination irrelevant to the case and his decision that it should be "expunged" from the record. Thus Bryan was denied the chance to cross-examine the defense lawyers in return, and the defense's final attempt to present evidence was denied. In response, Darrow asked the judge to bring in the [[jury]] only to have them come to a guilty verdict: − − <blockquote>We claim that the defendant is not guilty, but as the court has excluded any testimony, except as to the one issue as to whether he taught that man descended from a lower order of animals, and we cannot contradict that testimony, there is no logical thing to come except that the jury find a verdict that we may carry to the higher court, purely as a matter of proper procedure. We do not think it is fair to the court or counsel on the other side to waste a lot of time when we know this is the inevitable result and probably the best result for the case.</blockquote> − − After they were brought in, Darrow then addressed the jury, telling them that: − − <blockquote>We came down here to offer evidence in this case and the court has held under the law that the evidence we had is not admissible, so all we can do is to take an exception and carry it to a higher court to see whether the evidence is admissible or not. . . . we cannot even explain to you that we think you should return a verdict of not guilty. We do not see how you could. We do not ask it.</blockquote> − − Darrow closed the case for the defense without a final summation. Under Tennessee law, when the defense waived its right to make a closing speech, the prosecution was also barred from summing up its case. − − Scopes himself never testified, as there was never a legal issue as to whether he had taught evolution. Scopes later admitted that, in reality, he was unsure of whether or not he had taught evolution, but the point was not contested at the trial (Scopes 1967:59-60). − − After eight days of trial, it took the jury only nine minutes to deliberate. Scopes was found guilty on [[July 21]] and ordered to pay a [[US$]]100.00 [[fine]]. − − ==Appeal to Supreme Court of Tennessee== − Scopes' lawyers appealed, challenging the conviction on several grounds. − − First, they argued that the statute was overly vague because it prohibited the teaching of "evolution," a very broad term. The Court rejected that argument, holding: − − <blockquote>"Evolution, like prohibition, is a broad term. In recent bickering, however, evolution has been understood to mean the theory which holds that man has developed from some pre-existing lower type. This is the popular significance of evolution, just as the popular significance of prohibition is prohibition of the traffic in intoxicating liquors. It was in that sense that evolution was used in this act. It is in this sense that the word will be used in this opinion, unless the context otherwise indicates. It is only to the theory of the evolution of man from a lower type that the act before us was intended to apply, and much of the discussion we have heard is beside this case."</blockquote> − − Second, the lawyers argued that the statute violated Scopes' rights under the [[Due Process Clause]] of the [[United States Constitution|U.S. Constitution]], as it prohibited him from teaching evolution. The court rejected this argument, holding that the state was permitted to regulate his speech as an employee of the state: − + − Third, it was argued that the terms of the Butler Act violated the [[Tennessee State Constitution|Tennessee constitutional]] clause providing: "It shall be the duty of the General Assembly in all future periods of this government, to cherish literature and science." The argument was that the theory of the descent of man from a lower order of animals was now established by the preponderance of scientific thought, and that the prohibition of the teaching of such theory was a violation of the legislative duty to cherish science.+ + − The court rejected this argument (''Scopes v State'', 154 Tenn. 105, 1927), holding that the determination of what laws cherished science was an issue for the legislature, not the judiciary: − <blockquote>"The courts cannot sit in judgment on such acts of the Legislature or its agents and determine whether or not the omission or addition of a particular course of study tends 'to cherish science.'"</blockquote>+ − Fourth, the defense lawyers argued that the statute violated the [[Establishment Clause]], unconstitutionally establishing a state religion.+ − − The Court rejected this argument, holding that the Establishment Clause was designed to prevent the establishment of a state religion as had been the experience in [[Church of England|England]] and [[Church of Scotland|Scotland]] at the writing of the constitution, and held: − − <blockquote>"We are not able to see how the prohibition of teaching the theory that man has descended from a lower order of animals gives preference to any religious establishment or mode of worship. So far as we know, there is no religious establishment or organized body that has in its creed or confession of faith any article denying or affirming such a theory. So far as we know, the denial or affirmation of such a theory does not enter into any recognized mode of worship. Since this cause has been pending in this court, we have been favored, in addition to briefs of counsel and various amici curiae, with a multitude of resolutions, addresses, and communications from scientific bodies, religious factions, and individuals giving us the benefit of their views upon the theory of evolution. Examination of these contributions indicates that Protestants, Catholics, and Jews are divided among themselves in their beliefs, and that there is no unanimity among the members of any religious establishment as to this subject. Belief or unbelief in the theory of evolution is no more a characteristic of any religious establishment or mode of worship than is belief or unbelief in the wisdom of the prohibition laws. It would appear that members of the same churches quite generally disagree as to these things."</blockquote> − − Further, the Court held that while the statute ''forbade'' the teaching of evolution (as the Court had defined it), it did not ''require'' the teaching of any other doctrine, so that it did not benefit any doctrine over the others. − − Nevertheless, having found the statute to be constitutional, the Court set aside the conviction on appeal due to a [[legal technicality]]: the jury should have decided the fine, not the judge, as Tennessee judges could not at that time set fines above 50 dollars. The prosecution did not seek a retrial. − − Not until 1968 did the [[Supreme Court of the United States|US Supreme Court]] rule in ''[[Epperson v. Arkansas]]'' [[Case citation|393 U.S. 97]] (1968) that such bans contravene the [[Establishment Clause]] because their primary purpose is religious. (Tennessee had repealed the Butler Act the previous year.) − − − ===Publicity=== − [[Edward J. Larson]], a historian who won the Pulitzer prize for history for his book ''Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion'', notes "Like so many archetypal American events, the trial itself began as a publicity stunt."<ref>{{harvnb|Larson|2004|p=211}}</ref> The press coverage of the "Monkey" Trial was overwhelming.<ref name="Larson_2004_p_212_213">{{harvnb|Larson|2004|p=212-213}}</ref> The front pages of newspapers like the ''[[New York Times]]'' were dominated by the case for days. More than two hundred newspaper reporters from all parts of the country and two from [[London]] were in Dayton.<ref name="Larson_2004_p213">{{harvnb|Larson|2004|p=213}}</ref> Twenty-two [[telegraph]]ers sent out 165,000 words a day on the trial over thousands of miles of telegraph wires hung for the purpose;<ref name="Larson_2004_p213"/> more words were transmitted to Britain about the Scopes trial than for any previous American event.<ref name="Larson_2004_p213"/> Trained [[chimp]]s performed on the courthouse lawn.<ref name="Larson_2004_p213"/> Chicago's [[WGN]] radio station broadcast the trial with announcer Quin Ryan via [[clear channel]] broadcasts for the first on-the-scene coverage of a criminal trial. Two movie cameramen had their film flown out daily in a small plane from a specially prepared airstrip. H. L. Mencken's trial reports were heavily slanted against the prosecution and the jury which was "unanimously hot for [[Book of Genesis|Genesis]]." He mocked the town's inhabitants as "yokels" and "morons". He called Bryan a "buffoon" and his speeches "theologic bilge". In contrast, he called the defense "eloquent" and "magnificent". Some [[creationism|creationists]] have claimed that Mencken's trial reports turned public opinion against [[creationism]], though few people seem to have actually noticed this at the time. − − The media's portrayal of Darrow's cross-examination of Bryan, and the play and movie ''Inherit the Wind'', caused millions of Americans to ridicule religious-based opposition to the theory of evolution.<ref>{{harvnb|Larson|2004|p=217}}</ref> − − The trial also brought publicity to the town of Dayton, Tennessee, and was hatched as a [[publicity stunt]].<ref name="Larson_2004_p_212_213"/> From ''The Salem Republican,'' [[June 11]] [[1925]]: − − <blockquote>"The whole matter has assumed the portion of Dayton and her merchants endeavoring to secure a large amount of notoriety and publicity with an open question as whether Scopes is a party to the plot or not."</blockquote> − − The trial did not stop the anti-evolution movement. Before Dayton only the [[South Carolina]], [[Oklahoma]], and [[Kentucky]] legislatures had dealt with anti-evolution laws or riders to educational appropriations bills. In 1927 there were thirteen states, both North and South, that considered some form of anti-evolution law. At least forty one bills, riders, or resolutions were introduced into the state legislatures, with some states facing the issue repeatedly. While most of these efforts were rejected, both [[Mississippi]] and [[Arkansas]] put anti-evolution laws on the books after the Scopes trial. The Butler Act ended up serving as a model for the anti-evolution crusade and the ACLU could not find a teacher to volunteer for another test case. − − The site of the trial, the [[Rhea County, Tennessee|Rhea County]] Courthouse in Dayton, has in recent years largely been restored to its 1925 appearance, and a museum of the trial events is located in its basement. Every summer the locals re-enact key moments of the trial in the courtroom. − − ===Humor on the Scopes Trial=== − Anticipating that Scopes would be found guilty, the press fitted the defendant for martyrdom and created an onslaught of ridicule. ''Time'''s initial coverage of the trial focused on Dayton as "the fantastic cross between a circus and a holy war." ''Life'' adorned its masthead with monkeys reading books and proclaimed "the whole matter is something to laugh about." Hosts of cartoonists added their own portrayals to the attack (the greatest collection of cartoons available would be the 14 reprinted in [[L. Sprague de Camp]]'s ''[[The Great Monkey Trial]]''). Both ''[[Literary Digest]]'' and the popular humor magazine ''Life'' (1890–1930) ran compilations of jokes and humorous observations garnered from newspapers around the country. − − Overwhelmingly, the butt of these jokes was the prosecution and those aligned with it: Bryan, the city of Dayton, the state of Tennessee, and the entire South, as well as Fundamentalist Christians and anti-evolutionists. Rare exceptions were found in the Southern press, where the fact that Darrow had saved [[Leopold-Loeb]] from the death penalty continued to be a source of ugly humor. Attacks on Bryan were predictably frequent and nasty: ''Life'' awarded him its "Brass Medal of the Fourth Class," for having "successfully demonstrated by the alchemy of ignorance hot air may be transmuted into gold, and that the Bible is infallibly inspired except where it differs with him on the question of wine, women, and wealth." Papers across the country routinely dismissed the efforts of both sides in the trial, while the European press reacted to the entire affair with amused condescension. − − ===''Inherit the Wind''=== − :''Main article: [[Inherit the Wind]].'' − − The [[stage play]] ''[[Inherit the Wind]]'' (1955) by Lawrence and Lee, later adapted into a [[film]] in 1960 by [[Stanley Kramer]], was loosely based on this trial. It starred [[Spencer Tracy]] as Henry Drummond/Darrow, [[Fredric March]] as Matthew Harrison Brady/Bryan and [[Gene Kelly]] as E. K. Hornbeck/Mencken. In 1965 the play aired on television with [[Melvyn Douglas]] as Drummond and [[Ed Begley]] as Brady. In 1988, a rewrite of the Kramer movie shown on [[National Broadcasting Company|NBC]] starred [[Jason Robards]] as Drummond and [[Kirk Douglas]] as Brady. Another version aired in 1999 with another pair of [[Academy Awards|Oscar]] winners, [[Jack Lemmon]] and [[George C. Scott]] as Drummond and Brady. Playing the role of Drummond, Tracy was nominated for an [[Academy Awards|Oscar]], Robards won an [[Emmy]], and Lemmon won a [[Golden Globe]] award. The 1988 production also won the [[Emmy]] for Outstanding Drama/Comedy Special. American schools' (sometimes exclusive) use of the film to teach about the trial has led to many public misconceptions about the subject. − − There were a number of substantial deviations from actual events in the movie: − * Brady was portrayed as refusing to read [[Charles Darwin]], whereas Bryan was well acquainted with Darwin's ideas. − * It has the Bryan character ("Brady") claiming that [[sexual intercourse]] was [[original sin]], although nothing at all was said about sex during Darrow's examination of Bryan. − * While the play had Brady betraying Cates' (Scopes) girlfriend, the local preacher's daughter, the real Scopes did not have a girlfriend at all. − * In the play Brady protests that the fine is too lenient; in real life Bryan, as noted above, actually offered to pay the fine himself. − * Brady dies, in the courtroom, almost as soon as the trial's outcome is decided; Bryan did not die until five days after the trial ended. − * In the play, Drummond brings up the issue of the Creation taking place over seven literal days to challenge Brady. In real life, the metaphorical "period" interpretation was Bryan's. − − The Scopes trial did not appear in the ''[[Encyclopædia Britannica]]'' until 1957 when the inclusion was spurred by the successful run of ''[[Inherit the Wind]]'' on [[Broadway theater|Broadway]], which was mentioned in the citation. It was not until the 1960s that the Scopes trial began to be mentioned in the history textbooks of American high schools and colleges, usually as an example of the conflict between fundamentalists and modernists, and often in sections that also talked about the rise of the [[Ku Klux Klan]] in the South. − − == See also == − The trial is described in detail in the [[Pulitzer Prize]]-winning book ''Summer for the Gods'', by Edward J. Larson (ISBN 0-465-07509-6); also useful is [[Ray Ginger]]'s ''Six Days or Forever?'' (ISBN 0-19-519784-4). Another detailed resource is ''[[The Great Monkey Trial]]'' by [[L. Sprague de Camp]]. The play ''Inherit the Wind'', written by [[Jerome Lawrence]] and [[Robert Edwin Lee]], is loosely based on the events. See also ''The World's Most Famous Court Trial, State of Tennessee vs. John Thomas Scopes: Complete Stenographic Report of the Court'', by John Scopes (ISBN 0-306-71975-4). − − ==External links== − * [http://www.law.umkc.edu/faculty/projects/ftrials/scopes/scopes.htm Scopes Trial Home Page at University of Missouri, Kansas City] − * [http://www.positiveatheism.org/hist/menck04.htm Mencken's columns on the Scopes Trial] − * [http://www.newyorker.com/archive/content/articles/051205fr_archive01 Marquis James's 1925 New Yorker Report on the Scopes Trial] − * [http://personal.uncc.edu/jmarks/Darrow.html Transcript of Bryan's cross-examination] − * [http://www.csudh.edu/oliver/smt310-handouts/wjb-last/wjb-last.htm Text of the Closing Statement of William Jennings Bryan at the trial of John Scopes, Dayton, Tennessee, 1925] − − ==Citations== − == References == − *{{Harvard reference − | Surname = Larson − | Given = Edward J. − | Authorlink = Edward J. Larson − | Year = 1997 − | Title = Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion − | Publisher = Cambridge: Harvard University Press − }} − *{{Harvard reference − | Surname = Larson − | Given = Edward J. − | Authorlink = Edward J. Larson − | Year = 2004 − | Title = Evolution − | Publisher = Modern Library − | ID = ISBN 0-679-64288-9 − }} − *{{Harvard reference − | Surname = Menefee − | Given = Samuel Pyeatt − | Year = 2001 − | Title = Reaping the Whirlwind: A Scopes Trial Bibliography − | Journal = Regent University Law Review − | Volume = 13 − | Number = 2 − | Pages = 571-595 − }} − *{{Harvard reference − | Surname1 = Scopes − | Given1 = John T. − | Authorlink1 = John T. Scopes − | Surname2 = Presley − | Given2 = James − | Authorlink2 = James Presley − | Year = 1967 − | Date = June, 1967 − | Title = Center of the Storm: Memoirs of John T. Scopes − | Publisher = Henry Holt & Company − }} − − [[Category:1925 in law]] − [[Category:1925 in the United States]] − [[Category:Court cases litigated by the American Civil Liberties Union]] − [[Category:Creationism]] − [[Category:Evolution]] − [[Category:History of Tennessee]] − [[Category:Legal history of the United States]] − [[Category:Rhea County, Tennessee]] − [[Category:Trials]] − [[Category:Landmark cases]] − [[Category:History of the United States (1918–1945)]] − [[Category:United States education case law]] − − [[de:Scopes-Prozess]] − [[fr:Procès du singe]] − [[ko:원숭이 재판]] − [[he:משפט הקופים]] − [[pl:Małpi proces]] − [[ru:Обезьяний процесс]]
Reverted edits by Jesuslover (Talk); changed back to last version by Aschlafly
The trial in 1925 of John Scopes for teaching evolution in Tennessee was a defeat of Darwinism. The [[ACLU]] and liberal trial lawyer Clarence Darrow brought the Scopes case in the hopes of winning a public relations and legal victory, but in fact [[William Jennings Bryan]], the liberal three-time Democratic presidential candidate, decisively beat them.
The [[ACLU]] challenged a Tennessee statute, the Butler Act, that imposed a fine for teaching in public school that man descended from more primitive life forms. The statute did not prohibit teaching most aspects of evolution. The textbook at issue in the case taught eugenics, including that man supposedly descended from lower life forms and that some racial groups had evolved to more advanced levels than others.
The "'''Scopes Trial'''" (''Scopes v. State, 152 Tenn. 424, 278 S.W. 57 (Tenn. 1925)'', often called the "'''Scopes Monkey Trial'''") pitted [[lawyer]]s [[William Jennings Bryan]] and [[Clarence Darrow]] against each other (the latter representing [[teacher]] [[John T. Scopes|John Thomas Scopes]]) in an [[United States|American]] [[Legal case|legal case]] that tested a [[law]] passed on [[March 13]], [[1925]], which forbade the teaching, in any state-funded educational establishment in [[Tennessee]], of "any theory that denies the story of the [[Creation (theology)|Divine Creation]] of man as taught in the [[Bible]], and to teach instead that man has descended from a lower order of animals." This is often interpreted as meaning that the law forbade the teaching of any aspect of the theory of [[evolution]].
The textbook also featured the fraudulent [[Piltdown Man]]. At the time, Darwinists claimed that this and eugenics were indisputable science to be taught to students. The Hollywood version heaped mockery on any argument that teaching evolution could be socially harmful.
In the real trial, Bryan quoted for the court how Darrow had previously claimed that murder defendants Leopold and Loeb were driven to crime by what they were taught, which was Nietzche's atheistic philosophy. Bryan quoted Darrow as saying that "Is there any blame attached because somebody took Nietzsche's philosophy seriously and fashioned his life on it? ... The university would be more to blame than he is. ... Your honor, it is hardly fair to hang a 19-year-old boy for the philosophy that was taught him at the university."
Bryan was an extraordinary speaker, recognized to be among the best in American history. Darrow wanted to prevent Bryan from making a persuasive closing argument to the jury, and Darrow searched for another way to try to score points for his side.
So Darrow stunned the court by requesting to cross-examine Bryan, in the hope that Bryan, like many attorneys, would be a poor witness. Darrow's attempt was unprecedented, because trial attorneys almost never take the witness stand in their own cases. Bryan agreed only on the condition that he could cross-examine Darrow. Based on that agreement, Bryan took the witness stand.
A witness in a trial is always at a disadvantage on cross-examination, because he can only answer questions that are posed by a hostile adversary. On cross-examination, Attorneys are allowed to ask leading(yes or no) questions to force the desired response, unlike on direct examination. Attorneys are particularly vulnerable, because their knowledge of the law and tendency to speak in legalese hinder their performance.
Darrow undoubtedly thought that he could turn Bryan into the proverbial buffoon that liberals wanted. As the transcript reveals, however, Bryan got the better of his accuser. Bryan repeatedly turned the tables on Darrow's questions, which the large courtroom audience found amusing at Darrow's expense. Here is a sample:[1]
Bryan--These gentlemen have not had much chance--they did not come here to try this case. They came here to try revealed religion. I am here to defend it and they can ask me any question they please.
Judge--All right. (Applause in audience.) …
[[Baptist]] pastor [[William Bell Riley]], the founder and president of the [[World Christian Fundamentals Association]], was instrumental in calling lawyer and three-time Democratic presidential candidate and lifelong Presbyterian [[William Jennings Bryan]] to act as that organization's counsel.
Bryan--Those [the audience] are the people whom you insult.
Darrow--You insult every man of science and learning in the world because he does believe in your fool religion. ....
Darrow: Wait until you get to me [N.B. this apparently refers to Darrow's agreement to be a witness]. Do you know anything about how many people there were in Egypt 3,500 years ago, or how many people there were in China 5,000 years ago?
Bryan --No.
Darrow--Have you ever tried to find out?
Bryan--No, sir. You are the first man I ever heard of who has been in interested in it. (Laughter)
Darrow--Mr. Bryan, am I the first man you ever heard of who has been interested in the age of human societies and primitive man?
Bryan--You are the first man I ever heard speak of the number of people at those different periods.
Darrow--Where have you lived all your life?
Bryan--Not near you. (Laughter and applause).
Darrow tried again and again to trap Bryan, but struck out each time. A later exchange ended, once again, with the audience laughing:
Darrow--I will read it to you from the Bible: "And the Lord God said unto the serpent, because thou hast done this, thou art cursed above all cattle, and above every beast of the field; upon thy belly shalt thou go and dust shalt thou eat all the days of thy life." Do you think that is why the serpent is compelled to crawl upon its belly?
Bryan--I believe that.
Darrow--Have you any idea how the snake went before that time?
Bryan--No, sir.
Darrow--Do you know whether he walked on his tail or not?
Bryan--No, sir. I have no way to know. (Laughter in audience).
The next day, it was Darrow's turn to be cross-examined. But Darrow stunned the public by giving up rather than upholding his end of the bargain. Darrow took the unprecedented step of asking the jury for a guilty verdict against his client, the defendant teacher John Scopes. To save his own skin, Darrow handed over his client!
The original [[prosecutor]]s were Scopes' friends, [[Herbert E. Hicks|Herbert E.]] and [[Sue K. Hicks]], a pair of brothers who were local attorneys.
After 8 days of trial, the jury gave Darrow exactly what he requested, after 9 minutes of deliberation. Scopes was found guilty on July 21 and ordered to pay a fine of $100 US, which was eliminated on a technicality on appeal.
== The movie and play ==
The play ''Inherit the Wind'', and the adapted movie, were loosely based on the Scopes Trial.<ref>[http://www.themonkeytrial.com/]</ref> Several modifications were made; characters names were changed, and many crucial facts were changed. The authors have said that the play was really an attempt to mock Senator Joseph McCarthy, and to equate anti-communism with anti-intellectualism.<ref>http://www.onthemedia.org/transcripts/2005/07/08/07</ref> It featured the popular Spencer Tracy as Clarence Darrow, and even garnered a few Academy Award nominations.
The movie features an angry mob trying to lynch a jailed teacher; in fact, the ACLU ran advertisements with offers to pay expenses for a teacher to volunteer for the case, and Scopes was never jailed and never paid even a fine.
The prosecution team was led by [[Tom Stewart]], [[district attorney]] for the 18th Circuit (and future [[United States Senate|United States Senator]]), and included, in addition to Bryan and Herbert and Sue Hicks, Ben B. McKenzie and William Jennings Bryan, Jr. The trial was covered by journalists from around the world, including [[H. L. Mencken]] for ''[[The Baltimore Sun]]'', which was also paying part of the defense's expenses. It was Mencken who provided the trial with its most colorful labels such as the "Monkey trial" of "the infidel Scopes." It was also the first U.S. trial to be broadcast on national [[radio]].
The ACLU had originally intended to oppose the Butler Act on the grounds that it violated the separation of Church and State within the public education system and was therefore unconstitutional. Mainly due to Clarence Darrow, this strategy changed as the trial progressed, and the earliest argument proposed by the defense once the trial had started was that there was actually no conflict between evolution and the [[Creation (theology)|creation account in the Bible]]. In support of this claim, they brought in eight experts on evolution. Other than Dr. Maynard Metcalf, the Judge would not allow these experts to testify in person. Instead, they were allowed to submit written statements so that their evidence could be used at the appeal. In response to this decision, Darrow made a sarcastic comment to Judge [[John T. Raulston|Raulston]], for which he apologized the next day keeping himself from being found in [[contempt of court]].
The movie portrayed the character based on Bryan as a complete buffoon. Bryan's death was also portrayed as happening in the courthouse, when in fact he was an elderly man suffering from diabetes who died peacefully in his sleep.
<blockquote>"He was an employee of the state of Tennessee or of a municipal agency of the state. He was under contract with the state to work in an institution of the state. He had no right or privilege to serve the state except upon such terms as the state prescribed. His liberty, his privilege, his immunity to teach and proclaim the theory of evolution, elsewhere than in the service of the state, was in no wise touched by this law."</blockquote>
American history books often describe this case as a catalyst for evolution supporters.<ref>The Enduring Vision, Fifth Edition, Chapter 23: The 1920s: Coping with Change, Paul S. Boyer, University of Wisconsin, Madison; Clifford E. Clark, Jr., Carleton College; et al. (a commonly used American history textbook for Advanced Placement US History classes).</ref>
== Aftermath ==
Bryan, a 65-year-old diabetic lacking in modern treatments, died peacefully in his sleep five days after the conclusion of the Scopes trial. Bryan's victory in the Scopes trial was a fitting end to a principled, illustrious career.<ref> http://gi.grolier.com/presidents/ea/side/bryan.html</ref> Scopes never had to pay the fine - the judge had set the amount but Tennessee law at the time prohibited judges from setting fines over $50.
The law challenged by the [[ACLU]] in the Scopes Trial remained in effect for over 50 more years. In 1967, Tennessee repealed the Butler Act, and in 1968, the Supreme Court ruled in ''Epperson v. Arkansas'', 393 U.S. 97, that such bans on teaching are unconstitutional if they are primarily religious in intent. However, Tennessee continues to downplay evolution in its schools.{{fact}}
==References==
==Publicity and drama==
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