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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