City of Spokane v. McDonough

(concurring specially) — The court’s opinion reminds me of Scopes’ case in Tennessee. John Thomas Scopes, a high school biology teacher, was convicted of teaching the theory of evolution in a public high school, a theory which denied the Biblical story of man’s Divine *354Creation and taught that man had descended from a lower order of animals. The trial judge — not the jury— imposed a fine of $100 and Scopes, challenging the constitutionality of the anti-evolution statute, appealed. Holding that the court had exceeded its jurisdiction in imposing the $100 fine — fines in excess of $50 in such…