by Paul Braterman
What is the purpose of this examination?
We have the purpose of preventing bigots and ignoramuses from controlling the education of the United States, and that is all.
Inherit the Wind, the prism through which the public sees the Scopes Trial, is a travesty. William Jennings Bryan, who prosecuted Scopes, was neither a buffoon nor a biblical literalist but moved by deep concerns that continue to merit attention. He did not protest at the leniency of Scopes's punishment, but offered to pay the fine out of his own pocket. Nor did he collapse in defeat at the end of the trial, but drove hundreds of miles, and delivered two major speeches, before dying in his sleep a week later. Scopes, on trial for the crime of teaching evolution in Tennessee state school, was never at risk of prison. He was no martyr, but a willing participant in a test case, actively sought by the American Civil Liberties Union (ACLU), and his subsequent career was as geologist, not school teacher. He was found guilty, quite understandably given the wording of the law. On appeal, his conviction was quashed on a technicality, bypassing the need to rule on the deeper issues, much to the dismay of his supporters. Worse; on what we would now regard as the crucial issue, whether the law against teaching evolution in State schools violated the constitutional separation of Church and State, the Tennessee Supreme Court ruled that
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.
The law prohibiting the teaching of evolution affected textbooks for a while, but its impact was fading within a decade. However, it was not repealed until 1967, when Soviet accomplishments in space were forcing Americans to examine the state of US science education. A similar law, passed in Arkansas through citizens' initiative, survived until 1968, when in Epperson v Arkansas, the US Supreme Court ruled that the prohibition on teaching evolution was based on religion and therefore unconstitutional. As for the doctrine that creationism itself is religion, not science, and therefore should not be taught in public schools, that was not established in the US courts until McLean v Arkansas,1982 and at Supreme Court level Edwards v Aguillard, 1987, Justice Scalia dissenting.

![[Portrait of Louis Armstrong, Carnegie Hall, New York, N.Y., ca. Apr. 1947] (LOC)](https://farm5.staticflickr.com/4091/4843734010_f330d5fc6b.jpg)