The Constitution, Censorship and the Schools: Tennessee v. John Thomas Scopes
Peter Neal Herndon
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Teachers in the New Haven high schools have used this unit in the
Law Course offered to seniors, and to juniors taking United States
History. I am aware of at least one ninth-grade teacher who has
excerpted parts of this unit for use in teaching principles of the U.S.
Constitution. Apparently, the materials contained here are readily
adaptable for a variety of interest and ability levels.
This teaching unit explores an issue which should be of great interest
to both students and professional educators: intellectual freedom.
What are the legal boundaries of what may and what may not be
taught in public schools? What is the constitutional nature of this
question? Besides educators, there are many individuals and groups
which have input into the schools: students, parents, and local and
state Boards of Education.
Who ultimately has the right to determine what is and what is not
permitted to be taught? How often have courts (particularly the
Supreme Court) ruled in cases involving teachers' right to teach and
students' right to know? The United States claims to be a pluralistic
society in which the rights of minorities are protected. Under law,
how does a school system act to indeed protect the rights of
minorities within a framework of intellectual freedom and the "right
to know"? One of the underlying purposes of this unit is to examine
ways of effecting possible changes in schools within the boundaries
of the U.S. Constitution.
First, students will examine the issues underlying the famous case
that involved a Tennessee science teacher named John Scopes who
violated a state law in 1925 that forbid the teaching of Darwin's
theory of evolution. The issues of this famous trial will provide the
main part of my teaching unit. In this case, famous expert lawyers
(in this case the defense had Clarence Darrow plus two other civil
rights attorneys who were paid for by the American Civil Liberties
Union in New York), came to the defense of a "notorious" defendant.
The drama of this case was heightened by the presence of three-time
Presidential candidate and religious leader, William Jennings Bryan,
who took the witness stand in a defense of Bible truth and in
opposition to evolutionary teaching. The famous "monkey trial" is
history, with Scopes' penalty a small fine.
However, issues of censorship in the classroom are very much
contemporary. In 1987 (Edwards v. Aguillard) the Supreme Court
struck down a Louisiana law requiring that creationism be taught
together with the theory of evolution. By debating the issues
themselves, students should become more aware that what may or
may not be appropriate to learn about in public school classrooms
can be a highly controversial subject. How are such decisions arrived
at? What about the dissenters (whether they be judges, parents,
teachers or students)?
There are additional cases related to issues raised in the Scopes trial
which can be considered as well. What happens when parents object
to a New York Board of Education's attempt to remove certain books
from the library at the request of other parents (Board of Education
v. Pico, 1982)? Nine books were actually removed from a high school
library because they were considered morally and/or politically
objectionable. Was this allowed under the Constitution? Students
might consider some of the titles and content of these books and
deliver their own "verdicts". Also, what happens if family-religious
values conflict with state school requirements (as in Yoder v.
Wisconsin, 1971) when Amish families objected to their children
remaining in school until the age of sixteen?
In 1988, near St. Louis, a high school principal censored the school
newspaper, and removed articles about teenage pregnancy, birth
control and the impact of divorce on children (Hazelwood School
District v. Kuhlmeier). Was this allowed under the U.S. Constitution?
Students who have participated in this issue-oriented debate over
curriculum in the public schools have had their awareness
heightened and their interests kindled. They have learned that
Constitutional issues may affect them personally, discussion of issues
can be quite emotional, and that court decisions may not satisfy
everyone.
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