Expert: Michael Troy - 5/8/2006

Question
Hello Mr. Troy. I am writing a paper about Creation Vs. Evolution for my english 4 class. We read the play "Inherit the Wind" and now we have to write about it and the Scopes Trial of 1925. One of the topics are, the 1st Amendment and some of the restrictions and allowances that it brought to the trial of 1925. I have tried some references and the Interent and can't seem to find any descent articles. So, I was wandering if you could help me understand it a little more. Your time is greatly appreciated. Thank you.
~Shannon Hamilton  

Answer
Hi Shannon,

I understand how this can be confusing, because the way we understand the First Amendment today is very different from how it was understood in 1925.

In the early 1920's all Courts recognized that the First Amendment only applied to the Federal government.  Since the law at issue in the Scopes trial was a State law, the federal constitutional limitations did not apply.  State goverments were free to mix religion and government as much as they wanted, unless some State provision prevented them from doing so.

Therefore, in the Scopes trial, the Judge properly ruled that the First Amendment was irrelevant.  From there, the legal case was pretty easy.  It was against the law to teach evolution in public schools.  Mr. Scopes taught evolution, therefore Mr. Scopes broke the law.

The issue gets a little more complicated because in 1925, the US Supreme Court first held that the free speech clause of the First Amendment applied to States via the  14th Amendment.  So the First Amendment became more of an issue on appeal.

The appeals court looked at the establishment issue, but held that it was irrelevant because prohibiting the teaching of one theory, does not necessarily establish any particular religious doctrine.

For more info on the legal issues in the trial itself, you may find this article helpful:

http://en.wikipedia.org/wiki/Scopes_trial

I hope this helps!
- Mike