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EPPERSON v. ARKANSAS

No. 7.

393 U.S. 97 (1968)

89 S.Ct. 266

21 L.Ed.2d 228

EPPERSON ET AL. v. ARKANSAS.

Supreme Court of United States.

Decided November 12, 1968.

Attorney(s) appearing for the Case

Eugene R. Warren argued the cause for appellants. With him on the brief was Bruce T. Bullion.

Don Langston, Assistant Attorney General of Arkansas, argued the cause for appellee. With him on the brief was Joe Purcell, Attorney General.

Briefs of amici curiae, urging reversal, were filed by Leo Pfeffer, Melvin L. Wulf, and Joseph B. Robison for the American Civil Liberties Union et al., and by Philip J. Hirschkop for the National Education Association of the United States et al.

MR. JUSTICE FORTAS delivered the opinion of the Court.

I.

This appeal challenges the constitutionality of the "anti-evolution" statute which 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. The statute was a product of the upsurge of "fundamentalist" religious fervor of the twenties. The Arkansas statute was an adaptation of the famous Tennessee...

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