Page 141 - Historical Dictionary of Political Communication in the United States

SEDITIOUS
LIBEL
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Jennings Bryan. It came about because in 1925 the state of Tennessee passed
the Butler Act, which made it illegal to teach Charles Darwin's evolution theory
in any of the state's classrooms, including colleges and universities.
The American Civil Liberties Union (ACLU) jumped on the chance to test
the constitutionality of the new law and sought an opportunity for a test case
of the law. It sent out press releases looking for suitable candidates, hopefully,
teachers, who would be willing to participate in the test case. Farther away, in
a small town called Dayton, Tennessee, two men—George Washington Rap-
pleyea, a citizen, and school board president F. E. Robinson—read about the
ACLU's plan. They decided they wanted to take part in the ACLU's "experi-
ment' ' and put the small city on the map. Dayton would be an ideal location,
in their opinion, because the town's residents were known for their fundamen-
talist belief that the Bible was literal. In addition, the pair had the perfect ' 'de-
fendant": Dayton high school teacher John Thomas Scopes. Scopes, 25 years
old, taught evolution in a science course and was known to be a supporter of
Darwin's theories. Rappleyea and Robinson approached Scopes, who agreed
with their plan. The ACLU agreed to use Scopes as the defendant in the case.
Both groups felt confident of their ability to have the law ruled unconstitutional
of the separation of church and state.
The case finally went to trial on July 10, 1925. However, events did not go
as smoothly as the ACLU had anticipated. The press flocked to the little town
and dubbed the case the "monkey trial," lending a mocking tone to the case.
Judge John T. Raulston forbade the case from becoming an issue of the law's
constitutionality. The question was solely whether Scopes had committed a
crime in light of the law. Scopes was not permitted to testify about his actions.
Darrow's and Bryan's oratory and legal skills went head-to-head as Darrow
used scientists to support his defendant, and Bryan used biblical Scriptures and
rhetoric to support his position. At one point, he even went to the witness chair
himself to defend the Bible! Twelve days later, on July 21, Scopes was found
guilty by jury of violating the law and fined $100. The case was appealed, and
the lower court's opinion was overturned, but not on the basis of the constitu-
tionality of the law. Instead, it found that the $100 fine was excessive for the
crime committed. It was not until 1967, more than 40 years later, that Tennessee
repealed the act.
SOURCES: Leon Hurvitz, Historical Dictionary of Censorship in the United States,
1985; George C. Kohn, Encyclopedia of American Scandal, 1989.
Jacqueline Nash Gifford

SEDITIOUS LIBEL seems clear enough in Black's Law Dictionary: "A com-
.
munication .. with the intent to incite the people to change the government
otherwise than by lawful means, or to advocate the violent overthrow of the
government by force of violence." But from the onset of the printing press in
the sixteenth century and through much of seventeenth- and eighteenth-century