The Scopes Trial and Inherit the Wind; a Comparison
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2. the Scope~ Kial Transcripts (1925)
2. THE SCOPE~ ~KIAL TRANSCRIPTS (1925) The spread of the fundamentalist movement during the 1920s led many states to pass laws specifically banning or restricting the teaching of evolution in public schools. In 1925, a Tennessee high-school teacher named John Scopes (1900-1970) was convinced by several like-minded evolutionists to test the legit- imacy of his own state's prohibition of evolution in its classrooms. The result was one of the most celebrated trials of the century, the so-called Monkey Trial held in Dayton, Tennessee. In the following excerpts from the trial transcripts, the main antagonists attempt to frame the question in terms of monumental so- cial and religious choices. For Scopes's defense attorney, Clarence Darrow (1857-1938), the case represented a showdown between the forces of progres- sive enlightenment and backward religious bigotry. As a famous criminal and labor attorney, Darrow reveled in courtroom confrontation and seized this op- portunity to go after fundamentalist lawmakers in one of their strongholds. The I state's case was prosecuted by perhaps the other most famous American lawyer of the day, three-time populist candidate for the presidency, William Jennings Bryan (1860-1925). In Bryan's opening speech he portrayed Darrow and other evolutionists as outside agitators, bent on overturning the will of the people of Tennessee. Though Bryan did not live to deliver the closing speech he com- posed, it is clear that he too saw the conflict in epic terms. The compatibility of science and religion proposed by the Modernist theologian Kirby Mather, whose testimony is excerpted in the third reading, did not seem to strike either the atheist Darrow or the fundamentalist Bryan as even a remote possibility, thereby ) The ScopesTrial TranscriPts(1925) 439 indicating the depth of the antagonism the issue inspired. -
The 1925 Monkey Trial
The “Monkey Trial” March 1925. • On 21st March 1925 Tennessee passed the Butler Act which stated: • 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. Proposer of the act: John Washington Butler. Religion vs. Science. • (State Representative) John W. Butler, a Tennessee farmer and head of the World Christian Fundamentals Association, lobbied state legislatures to pass the anti-evolution law. The act is challenged. • John Thomas Scopes' involvement in the so-called Scopes Monkey Trial came about after the American Civil Liberties Union (ACLU) announced that it would finance a test case challenging the constitutionality of the Butler Act if they could find a Tennessee teacher willing to act as a defendant. • Photograph of John Scopes taken one month before the trial. Opportunistic Bush Lawyers? • A band of businessmen in Dayton, Tennessee, led by engineer and geologist George Rappleyea, saw this as an opportunity to get publicity for their town and approached Scopes. • Rappleyea pointed out that while the Butler Act prohibited the teaching of human evolution, the state required teachers to use the assigned textbook, Hunter's Civic Biology (1914), which included a chapter on evolution. • Rappleyea argued that teachers were essentially required to break the law. -
Judges As Film Critics: New Approaches to Filmic Evidence
University of Michigan Journal of Law Reform Volume 37 2004 Judges As Film Critics: New Approaches To Filmic Evidence Jessica M. Silbey Foley Hoag L.L.P. Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Evidence Commons, Law and Society Commons, and the Litigation Commons Recommended Citation Jessica M. Silbey, Judges As Film Critics: New Approaches To Filmic Evidence, 37 U. MICH. J. L. REFORM 493 (2004). Available at: https://repository.law.umich.edu/mjlr/vol37/iss2/5 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. JUDGES AS FILM CRITICS: NEW APPROACHES TO FILMIC EVIDENCE Jessica M. Silbey* This Article exposes internalcontradictions in case law concerning the use and ad- missibility of film as evidence. Based on a review of more than ninety state and federal cases datingfrom 1923 to the present, the Article explains how the source of these contradictionsis the frequent miscategorizationoffilm as "demonstrativeevi- dence, "evidence that purports to illustrate other evidence, ratherthan to be directly probative of some fact at issue. The Articlefurtherdemonstrates how these contradic- tions are based on two venerablejurisprudential anxieties. One is the concern about the growing trend toward replacing the traditionaltestimony of live witnesses in court with communications via video and film technology. -
The Scopes Trial, Antievolutionism, and the Last Crusade of William Jennings Bryan
University of Mississippi eGrove Electronic Theses and Dissertations Graduate School 2012 Six Days of Twenty-Four Hours: the Scopes Trial, Antievolutionism, and the Last Crusade of William Jennings Bryan Kari Lynn Edwards Follow this and additional works at: https://egrove.olemiss.edu/etd Part of the History of Christianity Commons Recommended Citation Edwards, Kari Lynn, "Six Days of Twenty-Four Hours: the Scopes Trial, Antievolutionism, and the Last Crusade of William Jennings Bryan" (2012). Electronic Theses and Dissertations. 96. https://egrove.olemiss.edu/etd/96 This Thesis is brought to you for free and open access by the Graduate School at eGrove. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of eGrove. For more information, please contact [email protected]. SIX DAYS OF TWENTY-FOUR HOURS: THE SCOPES TRIAL, ANTIEVOLUTIONISM, AND THE LAST CRUSADE OF WILLIAM JENNINGS BRYAN A Thesis presented in partial fulfillment of requirements for the degree of Master of Arts in the Department of Southern Studies The University of Mississippi by KARI EDWARDS May 2012 Copyright Kari Edwards 2012 ALL RIGHTS RESERVED ABSTRACT The academic study of the Scopes Trial has always been approached from a traditional legal interpretation. This project seeks to reframe the conventional arguments surrounding the trial, treating it instead as a significant religious event, one which not only altered the course of Christian Fundamentalism and the Creationist movement, but also perpetuated Southern religious stereotypes through the intense, and largely negative, nationwide publicity it attracted. Prosecutor William Jennings Bryan's crucial role is also redefined, with his denial of a strictly literal interpretation of Genesis during the trial serving as the impetus for the shift toward ultra- conservatism and young-earth Creationism within the movement after 1925. -
There Was a Great Fear of Communism That Swept Through the United States in the Years Following the Russian Revolution of 1917
Academic Literacy Skills Sample (ALST) Sample Constructed Response Item Passage A Argument of Clarence Darrow in the Case of the Communist Labor Party There was a great fear of Communism that swept through the United States in the years following the Russian Revolution of 1917. As a result, several states passed espionage acts that restricted political discussion, and radicals of all descriptions were rounded up in so-called Red Raids conducted by the attorney general’s office. Some were convicted and imprisoned; others were deported. This is the background for this particular reading passage about a trial in Chicago that took place in August, 1920. This trial involved twenty men charged under Illinois’s espionage statute with advocating the violent overthrow of the government. The charge rested on the fact that all of the defendants were members of the newly formed Communist Labor Party. The accused in the case were represented by Clarence Darrow, one of the foremost defense attorneys in the country. Throughout his career, Darrow had defended the poor and the despised against exploitation and prejudice. He defended the rights of labor unions, for example, at a time when many sought to outlaw the strike, and he was resolute in defending constitutional freedoms. The following are excerpts from Darrow’s summation to the jury. 1. Members of the jury: I have for a good many years been arguing cases in court and in my own way, as a lawyer, asking jurors to forget their prejudices and their feelings and deliver a verdict according to the evidence, uninfluenced by fear or passion or heat. -
For Sale: Historic Bridge in Jackson Park
For sale: Historic bridge in Jackson Park chicagotribune.com/news/ct-met-darrow-bridge-for-sale-20171214-story.html Lolly Bowean There’s a historic bridge for sale in Jackson Park. And it’s not a con game. The Columbia Bridge, widely known as the Clarence Darrow Memorial Bridge, is to be rebuilt in 2019. But before the Chicago Department of Transportation can start construction on the new pedestrian bridge, the agency has to offer the old one to the public for possible reuse, said Mike Claffey, a spokesman for CDOT. It’s all part of the federal government’s National Environment Policy Act and Section 106 process. But recently, the issue of the bridge being sold sparked some curiosity when an advertisement offering it for sale ran in a local newspaper. “The Darrow Bridge is an important community landmark because (Clarence) Darrow was a fixture in our community,” said Louise McCurry, president of the Jackson Park Advisory Council. When she learned of the ad, she immediately jumped into activist mode to spread information in her Hyde Park community about the sale. “That bridge is the biggest link to Jackson Park, so it’s a sacred landmark,” she said. “So now to see it’s being sold? Truly fascinating.” 1/3 The Darrow Memorial Bridge, which has unique abutment walls and a storied history, is crumbling and unusable. It has been closed to cars since 2009 and to pedestrians since 2015. The structure isn’t actually going to be sold for a price, Claffey said. Rather, interested parties have to provide a proposal by 4 p.m. -
Civil Trials: a Film Illusion?
Fordham Law Review Volume 85 Issue 5 Article 3 2017 Civil Trials: A Film Illusion? Taunya L. Banks University of Maryland Francis King Carey School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Civil Law Commons, and the Law and Society Commons Recommended Citation Taunya L. Banks, Civil Trials: A Film Illusion?, 85 Fordham L. Rev. 1969 (2017). Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss5/3 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. CIVIL TRIALS: A FILM ILLUSION? Taunya Lovell Banks* INTRODUCTION The right to trial in civil cases is enshrined in the U.S. Constitution1 and most state constitutions.2 The lack of a provision for civil jury trials in the original draft of the Constitution “almost derailed the entire project.”3 According to the French social scientist Alexis de Tocqueville, the American jury system is so deeply engrained in American culture “that it turns up in and structures even the sheerest forms of play.”4 De Tocqueville’s observation, made in the early nineteenth century, is still true today. Most people, laypersons and legal professionals alike, consider trials an essential component of American democracy. In fact, “the adversarial structure is one of the most salient cultural features of the American legal system. -
Notes Edwards V. Aguillard: Creation Science and Evolution
Notes Edwards v. Aguillard: Creation Science and Evolution - The Fall of Balanced Treatment Acts in the Public Schools "It took God only six days to create the universe - it's gonna take the court two weeks to decide if it should be taught."' I. INTRODUCTION Since Charles Darwin published The Origin of Species in 1859,2 religious fundamentalists have waged war against the book's evolu- tionary teachings.' Recognizing that the courts will not allow the teaching of evolution to be suppressed,4 fundamentalists no longer 1. Statement by an anonymous observer at the Arkansas creation-evolution trial. D. NELKIN, THE CREATION CONTROVERSY - SCIENCE OR SCRIPTURE IN THE SCHOOLS 137 (1982). 2. The theory of evolution credited to Darwin (1809-1882) is that all forms of advanced life inhabiting the earth originated as lower forms of life, which ascended to their current status in a natural selection. Note, The Constitutional Issues Surrounding the Science-Religion Conflict in Public Schools: The Anti-Evolution Controversy, 10 PEPPERDINE L. REV. 461, 463 (1983). 3. "In 1925, fundamentalists and evolutionists first clashed in court at the crimi- nal trial of John Scopes. Scopes, a Tennessee schoolteacher, was convicted of violating a state law prohibiting the teaching of evolution." Levit, Creationism, Evolution and the First Amendment: The Limits of ConstitutionallyPermissible Scientific Inquiry, 14 J.L. & EDUC. 211, 211 (1985). The law was upheld by the Tennessee Supreme Court. Scopes v. State, 154 Tenn. 105, 289 S.W. 363 (1927). 4. Forty years after the Scopes trial, the United States Supreme Court held that the prohibition of the teaching of evolution violated the first amendment. -
How William Jennings Bryan's Struggle with Social Darwinism and Legal Formalism Demythologize the Scopes Monkey Trial Kevin P
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Campbell University Law School Campbell University School of Law Scholarly Repository @ Campbell University School of Law Scholarly Works Faculty Scholarship 2004 Inherit the Myth: How William Jennings Bryan's Struggle with Social Darwinism and Legal Formalism Demythologize the Scopes Monkey Trial Kevin P. Lee Campbell University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.campbell.edu/fac_sw Recommended Citation Kevin P. Lee, Inherit the Myth: How William Jennings Bryan's Struggle with Social Darwinism and Legal Formalism Demythologize the Scopes Monkey Trial, 33 Cap. U. L. Rev. 347 (2004). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Scholarly Repository @ Campbell University School of Law. INHERIT THE MYTH: HOW WILLIAM JENNINGS BRYAN'S STRUGGLE WITH SOCIAL DARWINISM AND LEGAL FORMALISM DEMYTHOLOGIZE THE SCOPES MONKEY TRIAL KEVIN P. LEE* The trial of John T. Scopes is an important milestone in the history of American legal thought. Known in the vernacular as the "Scopes Monkey Trial," the case took place in Dayton, Tennessee in the summer of 1925.1 It concerned a substitute high school biology teacher who was arrested and convicted for teaching evolutionary theory in violation of a Tennessee anti- evolution act.2 At the time, the trial was the most public confrontation between religious fundamentalism and modem science. -
“Scopes Wasn't the First”: Nebraska's 1924 Anti-Evolution Trial
“Scopes Wasn’t the First”: Nebraska’s 1924 Anti-Evolution Trial (Article begins on page 2 below.) This article is copyrighted by History Nebraska (formerly the Nebraska State Historical Society). You may download it for your personal use. For permission to re-use materials, or for photo ordering information, see: https://history.nebraska.gov/publications/re-use-nshs-materials Learn more about Nebraska History (and search articles) here: https://history.nebraska.gov/publications/nebraska-history-magazine History Nebraska members receive four issues of Nebraska History annually: https://history.nebraska.gov/get-involved/membership Full Citation: Adam Shapiro, “‘Scopes Wasn’t the First’: Nebraska’s 1924 Anti-Evolution Trial,” Nebraska History 94 (2013): 110-119 Article Summary: “Darwin and Genesis fought out a battle in District Judge Broady’s court in Lincoln,” reported the Fremont Tribune on October 22, 1924, “and . Genesis lost and Darwin won.” Nebraska had its own anti- evolution trial nearly seven months before the famous Scopes trial opened in Tennessee. But how did the Nebraska case remain obscure while the Tennessee case became a national sensation? Cataloging Information: Names: John Scopes, Charles Darwin, William Jennings Bryan, Charles W. Bryan, David S Domer, William A Klink, Charles William Taylor, Frank R Beers, Herbert Spencer, Charles Hodge Place Names: Dayton, Tennessee; Rising City, Butler County, Nebraska Keywords: evolution, Midland College, slander, Genesis, eugenics, (physical) disability, Four Minute Men, Siman Act, -
Courtroom Drama with Chinese Characteristics: a Comparative Approach to Legal Process in Chinese Cinema
Courtroom Drama With Chinese Characteristics: A Comparative Approach to Legal Process in Chinese Cinema Stephen McIntyre* While previous “law and film” scholarship has concentrated mainly on Hollywood films, this article examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama. Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, instead centering on the punishment of decidedly guilty criminals. The moral clarity and punitive sense of justice that characterize gong’an drama are manifest in China’s modern-day legal system and in Chinese cinema. An analysis of Tokyo Trial, a 2006 Chinese film about the post-World War II war crimes trial in Japan, demonstrates the lasting influence of gong’an drama. Although Tokyo Trial resembles Hollywood courtroom drama in many respects, it remains faithful to the gong’an model. This highlights the robustness of China’s native gong’an tradition and the attitudes underlying it. * J.D., Duke University School of Law; M.A., East Asian Studies, Duke University; B.A., Chinese, Brigham Young University. I thank Professor Guo Juin Hong for his valuable comments and encouragement. I also thank those who attended and participated in the 2011 Kentucky Foreign Language Conference at the University of Kentucky, at which I presented an earlier version of this article. -
Clarence Darrow on Religion, Law, and Society
Introduction Clarence Darrow (1857–1938), whose decades-long championing of the despised and powerless earned him the sobriquet of “The Great Defender,” was born four years before the beginning of the Civil War and died a year before the beginning of World War II. These eighty years could well be considered the most transformative in United States his- tory—years that saw America expand from a fledgling and sparsely populated nation of farmers and small businessmen to an emerging super- power. Darrow witnessed and, in no insignificant way, participated in the multifaceted growing pains incident to this transformation: on such issues as the relations between capital and labor, the role of women in society, the place of religion in a diverse population, and, particularly, the theoretical and practical status of crime and punishment, Darrow made signal contributions that endured far beyond the span of his own life. A lawyer first and a writer second, he nonetheless left behind a succession of treatises whose provocative content still challenges us. Darrow, a self-proclaimed rebel who sided, both intellectually and emo- tionally, with the minority, remains a figure to contend with. Throughout his writings, whether they be on crime, religion, or morals, Darrow expressed the conviction that our views of life are fun- damentally and unalterably shaped by childhood experience. In this as- sertion he may well have been considering his own upbringing, for the kernels of many facets of his thought can be found in the events of his youth and adolescence. He was born on April 18, 1857, in the village of vii Kinsman, in northeast Ohio, the fifth of eight children born to Amirus and Emily (Eddy) Darrow.