Epperson v. Arkansas

[2] Epperson focused on the constitutionality of a 1928 Arkansas statute prohibiting the teaching of human evolutionary theory in its public schools and universities.

The law made it unlawful for any teacher or other instructor in any university, college, public school or other institution of the state which is supported in whole or in part from public funds derived by state or local taxation to teach the theory or doctrine that mankind ascended or descended from a lower order of animals, and also that it be unlawful for any teacher, textbook commission, or other authority exercising the power to select textbooks for above-mentioned institutions to adopt or use in any such institution a textbook that teaches the doctrine or theory that mankind ascended or descended from a lower order of animal.

[3] Thirty years later, Cold War concerns over Soviet success with the 1957 Sputnik launch led to the 1958 National Defense Education Act and Biological Sciences Curriculum Study setting textbook standards which included evolution.

She filed in the Chancery Court in Pulaski County seeking nullification of the law and an injunction against her being dismissed for teaching the evolutionary curriculum.

The Court went on to say that the clear purpose of the Arkansas statute against the teaching of evolution was to protect a particular religious view, and was thus unconstitutional.

[6] Though William Jennings Bryan famously testified to some questions about Biblical creation in the 1925 Scopes v. State trial, that Court, like this one, was asked only to judge whether teachings about human evolution could be prohibited in the public schools.

Within a short time of the Epperson decision, religious opponents of the teaching attempted through other means to lessen its influence in the curriculum, including requiring schools to teach biblical creation alongside evolution or forcing schools to provide disclaimers that evolution was "only a theory".

These attempts eventually resulted in precedent-setting court decisions including McLean v. Arkansas, and ultimately Edwards v. Aguillard, which struck down a Louisiana statute as unconstitutional.