The big unresolved question from the Scopes trial onwards

As I emphasized in my posts during the past week, the Scopes trial did not resolve any of the major legal questions involving evolution. But many of those questions were resolved in subsequent cases over the next 80 years, as I chronicle in my book God vs. Darwin: The War Between Evolution and Creationism in the Classroom that reviewed the 80-year legal fight by religious groups to combat the teaching of the theory of evolution in public schools, that began with the Scopes trial in 1925 and ended with the Intelligent Design trial in Dover, PA in 2005

But there was one issue raised by the prosecutor in his defense of the Butler Act (that forbade the teaching of evolution) that is still unresolved and that is what is appropriate to teach children in public schools and who should get to decide it. Should it be the public through its elected representatives? Should it be educators? What should be role of subject matter experts?

In many countries, especially those with a national educational system, the answer is simple: the government does. In general, there is a ministry of education that sets the standards, curriculum, and even lesson plans and teachers are trained in it. There is no real basis for legal challenge and in theory they could decide to teach anything at all. In reality, public opinion acts as a major constraint on teaching nonsense. But in the US, education is very much a local affair, with each local community having its own school boards that determine these things, and these can vary widely. The state can set overall guidelines, while textbooks and standardized tests provide some measure of uniformity, but not much.
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The surprising impact of the Scopes trial

As discussed in the last three posts, as a purely legal matter, the Scopes trial was inconsequential, setting no legal precedent whatsoever. While the Dayton civic leaders achieved their goal of creating huge publicity around the trial, like all publicity stunts, the hoopla eventually died away, the crowds disappeared, and life went largely back to normal. The Butler Act that triggered the trial was quietly repealed only four decades later. The first major case involving the teaching of evolution was the 1968 Epperson v. Arkansas in which the US Supreme Court struck down a law similar to the Butler Act that banned the teaching of evolution in public schools. This was the case that the Scopes trial sought to be and yet few have now heard of that case while the Scopes Monkey trial, as it has come to be known, is firmly embedded in the public culture.

How did that come to be?
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How the Scopes trial came about

As I discussed in my two previous posts, in strictly legal terms, the 1925 Scopes trial had little impact. But it was never meant to be primarily a legal issue. Right from the beginning, the whole case was designed as a publicity stunt and in that respect, it succeeded spectacularly. The newly created American Civil Liberties Union announced that it would challenge the 1925 Butler Act, passed in March of that year, as a violation of free speech and put out an ad saying that it would represent any teacher who was charged under it. A small group of Dayton civic leaders saw such a legal challenge a public relations opportunity and decided that such a case should take place in their city and quickly moved to ensure it, fearful of being scooped by other cities. They put the case on a very fast track, which is why a mere four months later, a lightning pace in the legal world, the Scopes trial took place.

In my book God vs. Darwin: The War Between Evolution and Creationism in the Classroom that reviewed the 80-year legal fight by religious groups to combat the teaching of the theory of evolution in public schools, that began with the Scopes trial and ended with the Intelligent Design trial in Dover, PA in 2005, I describe how the case came about.
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The Scopes appeal

As I said in my previous post, the Scopes defense team wanted their client to be found guilty of violating the 1925 Butler Act guilty so that they could appeal to the higher courts on the constitutional grounds that it violated free speech guarantees. This was why Scopes’s main attorney Clarence Darrow actually asked the jury to bring in a guilty verdict, which they were happy to do after just a few minutes deliberation.

The following extract from my book, God vs. Darwin: The War Between Evolution and Creationism in the Classroom that reviewed the 80-year legal fight by religious groups to combat the teaching of the theory of evolution in public schools, that began with the Scopes trial and ended with the Intelligent Design trial in Dover, PA in 2005, describes the aftermath of the trial

The Scopes verdict was appealed to the Tennessee Supreme Court. Many people on the defense side, including the ACLU, tried to have Darrow removed from the defense team for the appeal since they wanted to bring the focus back to the issue of free speech and feared that Darrow’s strong antipathy to religion would result in that issue dominating once again. But Darrow and his allies outmaneuvered them and he stayed on.
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Recalling the Scopes trial on its 100th anniversary

This week I will review some aspects of the famous 1925 Scopes trial that lasted from July 10 through Tuesday, July 21. It has cast such a long shadow, and has reverberated so much in public consciousness, that it is worthwhile to have a quick summary of the actual events of that trial, in order to separate the facts from the folklore that has arisen around it as a result of the hugely popular play and film Inherit the Wind, the former produced in 1955 and the latter in 1960.

The trial itself was brief, lasting just eight days, much of it involving wrangling over legal technicalities that took place with the jury out of the courtroom. It involved the question of whether John T, Scopes had violated the Butler Act passed by Tennessee in March of 1925 that said 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.” There were only two occasions when the two famous attorneys William Jennings Bryan and Clarence Darrow were able to make speeches and these occurred in the middle of the trial during legal skirmishes.

What follows is an extract from my book God vs. Darwin: The War Between Evolution and Creationism in the Classroom that reviewed the 80-year legal fight by religious groups to combat the teaching of the theory of evolution in public schools, that began with the Scopes trial and ended with the Intelligent Design trial in Dover, PA in 2005.

Day 1, Friday, July 10: The morning saw the grand jury and witnesses appear to issue a new indictment, since the older one was discovered to have had a technical flaw. Scopes had to tell a reluctant student that he would be doing him a favor by testifying against him, and then was duly indicted again. After lunch, jury selection took place.
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Trump has declared war on the Hispanic community

One of the noteworthy features of the 2024 election was the deep inroads that Trump made into the traditionally Democratic voters in the Hispanic community.

The [Rio Grande] Valley, a longtime Democratic stronghold, has in recent years been used as evidence of Donald Trump and his maga movement’s appeal to nonwhite voters. In 2021, when Villalobos was elected, Republicans celebrated the win as a sign of good things to come. “Amazing news! McAllen, Texas is a major border town of 140,000 people. 85% Hispanic—and just elected a Republican mayor,” Steve Cortes, a former Trump adviser, posted on Twitter. “The macro realignment accelerates in South Texas, and elsewhere, as Hispanics rally to America First.” In last year’s Presidential election, Trump won every county in the Valley, including one where Hillary Clinton had beat him by forty points, in 2016. McAllen had the second-biggest shift in party share of any large city in the nation, trailing only Laredo, another Texas border community. “In the Rio Grande Valley, the Red Wave Makes Landfall,” the Texas Observer declared, calling the 2024 election a “bloodbath” and wondering whether Texas Democrats were “doomed.”
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Republican gains in the Valley are the result of overlapping forces. The Valley’s population tends to be patriotic and religious, with relatively lower rates of educational attainment. Republicans touted their support for law enforcement and oil and gas—significant sources of employment in the area—while local Democrats were increasingly seen as complacent, and in some cases corrupt. In 2022, McAllen’s congressional district, which had been held by Democrats for more than a century, elected its first Republican. (The district had been redrawn after the 2020 census to make it more favorable to Republicans.)

But Trump has declared war on the Hispanic community, targeting anyone of that heritage for harassment, detention, and deportation. ICE agents have focused their attentions on neighborhoods where they live and places where they congregate to find work and targeting anyone who happens to look Hispanic. This has resulted in many of them being afraid to go out anywhere or show up for work.
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The revolutionary water clock

Creating accurate time pieces has been a long-standing goal. Some of the earliest devices, such as the sun dial, suffered from the fact that they depended on the presence of sunlight. Water clocks, that measured the level of water in a container as it flowed out through a hole at the bottom, solved that problem but suffered from others, such as that the rate of flow depended upon the height of water in the container and was thus irregular and that the water had to be manually replenished. Another thing that had to be taken into account was that in those days, an ‘hour’ was not a fixed time interval as it is now. Instead, an ‘hour’ was defined by dividing the total amount of daylight in a day by twelve, and thus the length of an ‘hour’ varied with the seasons and this was hard to take into account.

But way back in the in the 3rd century BCE, a Greek inventor in Alexandria named Ctesibius devised an ingenious water clock that solved all these problems and which remained the standard for about 1800 years until the invention of the pendulum clock in 1656.

This video explains how he did it.

Ultimate cause of Air India crash remains a mystery

Indian aviation authorities have released the preliminary report on the Air India flight 171 crash that occurred just minutes after take off from Ahmedabad airport , killing 241 of the 242 people on board. While it pinpoints the proximate cause of the Boeing crash, it leaves unresolved how that came about.

The proximate cause is that the engine fuel switch to both engines was switched to the ‘off’ position.

According to a preliminary report by India’s Aircraft Accident Investigation Bureau, moments after take-off both the switches in the cockpit that controlled fuel going to the engines had been moved to the “cut-off” position. Moving the fuel switches almost immediately cuts the engine.
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According to the report, the fuel switches were moved to cut-off “one after another”. Seconds later, the switches were moved back to turn the fuel back on and one of the plane’s engines was able to restart, but could not reverse the plane’s deceleration.

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How is this not a police state?

The Intercept has a long article, supported by horrifying video evidence, detailing case after case of armed, often masked and non-uniformed ICE agents in unmarked vehicles rounding up and assaulting people who have not done anything wrong and violently attacking bystanders who try to record the events or protest this thuggish behavior. The ICE agents then later falsely claim without evidence that they were attacked first, though the idea that ordinary unarmed individuals are going to attack gangs of armed people is absurd on its face.

I really cannot do justice to the article by providing excerpts. It has to be read and the videos seen. It is a disgusting series of actions that has to be considered criminal but is being carried out by agents of the government, who have been given a quota of people to arrest and deport and are reaching it by going to places where Latino people work in low-level jobs and grabbing them off the street by brutal means.

No one who reads these cases can then deny in good conscience that we are living in a police state.

False stories in the aftermath of tragedy

Whenever there is a natural disaster that takes many lives, there is a tendency for people to seize upon conspiratorial thinking as to the cause or on stories of miraculous survival or rescue.

In the case of the recent flash floods in Texas that has resulted in over 100 deaths and over a 150 people still missing, we see the conspiratorial minded come out in full force. I am not talking about the more serious discussions as to whether the cuts by Trump in funding the National Oceanic and Atmospheric Administration (NOAA) resulted in less efficient weather forecasting and early warnings (and he is proposing further $2.2 billion in cuts to NOAA), but about stories that the floods were the result of the government efforts to manipulate the weather.

Some people, emerging from the same vectors associated with the longstanding QAnon conspiracy theory, which essentially holds that a shadowy “deep state” is acting against President Donald Trump, spread on X that the devastating weather was being controlled by the government.

“I NEED SOMEONE TO LOOK INTO WHO WAS RESPONSIBLE FOR THIS,” posted Pete Chambers, a former special forces commander and frequent fixture on the far right who once organized an armed convoy to the Texas border, along with documents he claimed to show government weather operations. “WHEN WAS THE LAST CLOUD SEEDING?”
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