First Amendment topicsAbout the First Amendment
 
Epperson v. Arkansas (docket #: 7) (1968)  [Findlaw]

Secondary Link Epperson v. Arkansas  [Legal Information Institute]
Argument Date 10/16/1968
Decided 11/12/1968
Supreme Court Vote 9-0
Supreme Court Ruling Held: The statute violates the Fourteenth Amendment, which embraces the First Amendment's prohibition of state laws respecting an establishment of religion.
 
IssueWhether an anti-evolution statute that the State of Arkansas adopted in 1928 to prohibit the teaching in its public schools and universities of the theory that man evolved from other species of life violates the no establishment provision of the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion Fortas, J.,
Concurring Opinion Black, J., & Harlan, J., & Stewart, J. (concurring in result)
Lower Court Arkansas Supreme Court
Lower Court Ruling First Amendment establishment of religion calim rejected.
News
"Arkansas' 'Monkey' Law Struck Down," The Los Angeles Times, May 28, 1966, p. 3
"Justices Hear Warmed-Over Monkey Case," The Chicago Tribune, Oct. 17, 1968, Sect. D, p. 6
"The Court Laughed," The Washington Post, Oct. 21, 1968, Sect. A, p. 20
AP, "Court tosses Pa. school district's intelligent-design policy" (12-20-05)

AP, "Kansas Board of Education considers redefining 'science'" (5-16-05)

Graham, Fred, "Court Ends Arkansas Darwinism Ban," The New York Times, Nov. 13, 1968
Kazan, Chris, "Arkansas Anti-Evolution Law Voided As Hindering Quest for Knowledge," The Washington Post, May 28, 1966, Sect. A, p. 1
Kazan, Chris, ''Monkey Trial' Rerun Stripped of Drama," The Los Angeles Times, April 2, 1966, p. 3
Ostrow, Ronald, "High Court to Rule on Teaching of Evolution," The Los Angeles Times, March 5, 1968, p. 5
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 1221-1222
Dickson, Del, THE SUPREME COURT IN CONFERENCE, 1940-1985 (2001), pp. 406-408
Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 155-162
Hudson, David, Jr., "Science teacher relates role in landmark evolution case" (5-23-05)

Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.) (1996), p. 1576
Commentary
Editorial, "The Evolution Case," The Washington Post, Nov. 19, 1968
Haynes, Charles, "Darwin under fire (again): intelligent design vs. evolution" (12-05-04)

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