The Butler Act was a 1925 Tennessee law prohibiting public school teachers from denying the book of Genesis account of mankind's origin.
363, 367 (Tenn. 1927)Despite this decision, the Tennessee Supreme Court reversed the conviction on a technicality (that the jury should have fixed the amount of the fine), and the case was not retried.
"[3] The law remained on the books until 1967, when teacher Gary L. Scott of Jacksboro, Tennessee, who had been dismissed for violation of the act, sued for reinstatement, citing his First Amendment right to free speech.
Although his termination was rescinded, Scott continued his fight with a class action lawsuit in the Nashville Federal District Court, seeking a permanent injunction against enforcement of that law.
Within three days of his filing suit, a bill for repeal of the Butler Act had passed both houses of the Tennessee legislature and was signed into law May 18 by Governor Buford Ellington.