Professional Documents
Culture Documents
By Jill Lepore
March 14, 2022
A stand in Dayton, Tennessee, during the July, 1925, Scopes trial. Photograph from Getty
n 1925, Lela V. Scopes, twenty-eight, was turned down for a job teaching
I mathematics at a high school in Paducah, Kentucky, her home town. She had
taught in the Paducah schools before going to Lexington to finish college at the
University of Kentucky. But that summer her younger brother, John T. Scopes,
was set to be tried for the crime of teaching evolution in a high-school biology
class in Dayton, Tennessee, in violation of state law, and Lela Scopes had refused
to denounce either her kin or Charles Darwin. It didn’t matter that evolution
doesn’t ordinarily come up in an algebra class. And it didn’t matter that
Kentucky’s own anti-evolution law had been defeated. “Miss Scopes loses her post
because she is in sympathy with her brother’s stand,” the Times reported.
A century later, the battle over public education that afflicted the nineteen-
twenties has started up again, this time over the teaching of American history.
Since 2020, with the murder of George Floyd and the advance of the Black Lives
Matter movement, seventeen states have made efforts to expand the teaching of
one sort of history, sometimes called anti-racist history, while thirty-six states
have made efforts to restrict that very same kind of instruction. In 2020,
Connecticut became the first state to require African American and Latino
American history. Last year, Maine passed “An Act to Integrate African
American Studies into American History Education,” and Illinois added a
requirement mandating a unit on Asian American history.
On the blackboard on the other side of the classroom are scrawled what might be
called anti-anti-racism measures. Some ban the Times’ 1619 Project, or ethnic
studies, or training in diversity, inclusion, and belonging, or the bugbear known as
critical race theory. Most, like a bill recently introduced in West Virginia, prohibit
“race or sex stereotyping,” “race or sex scapegoating,” and the teaching of “divisive
concepts”—for instance, the idea that “the United States is fundamentally racist
or sexist,” or that “an individual, by virtue of his or her race or sex, is inherently
racist, sexist or oppressive, whether consciously or unconsciously.”
While all this has been happening, I’ve been working on a U.S.-history textbook,
so it’s been weird to watch lawmakers try their hands at writing American history,
and horrible to see what the ferment is doing to public-school teachers. In
Virginia, Governor Glenn Youngkin set up an e-mail tip line “for parents to send
us any instances where they feel that their fundamental rights are being
violated . . . or where there are inherently divisive practices in their schools.”
There and elsewhere, parents are harassing school boards and reporting on
teachers, at a time when teachers, who earn too little and are asked to do too
much, are already exhausted by battles over remote instruction and mask and
vaccine mandates and, not least, by witnessing, without being able to repair, the
damage the pandemic has inflicted on their students. Kids carry the burdens of
loss, uncertainty, and shaken faith on their narrow shoulders, tucked inside their
backpacks. Now, with schools open and masks coming off, teachers are left trying
to figure out not only how to care for them but also what to teach, and how to
teach it, without losing their jobs owing to complaints filed by parents.
There’s a rock, and a hard place, and then there’s a classroom. Consider the
dilemma of teachers in New Mexico. In January, the month before the state’s
Public Education Department finalized a new social-studies curriculum that
includes a unit on inequality and justice in which students are asked to “explore
inequity throughout the history of the United States and its connection to conflict
that arises today,” Republican lawmakers proposed a ban on teaching “the idea
that social problems are created by racist or patriarchal societal structures and
systems.” The law, if passed, would make the state’s own curriculum a crime.
Evolution is a theory of change. But in February—a hundred years, nearly to the
day, after the Kentucky legislature debated the nation’s first anti-evolution bill—
Republicans in Kentucky introduced a bill that mandates the teaching of twenty-
four historical documents, beginning with the 1620 Mayflower Compact and
ending with Ronald Reagan’s 1964 speech “A Time for Choosing.” My own
account of American history ends with the 2020 insurrection at the Capitol, and
“The Hill We Climb,” the poem that Amanda Gorman recited at the 2021
Inauguration. “Let the globe, if nothing else, say this is true: / That even as we
grieved, we grew.”
“Each year the child is coming to belong more and more to the state, and less and
less to the parent,” the Stanford professor of education Ellwood Cubberley wrote
approvingly in 1909. Progressives fought for children’s welfare and children’s
health, establishing children’s hospitals and, in 1912, the U.S. Children’s Bureau.
Mandatory school attendance was closely tied to two other Progressive reforms
that extended the state’s reach into the lives of parents and children: compulsory
vaccination and the abolition of child labor.
“Please remember, dear sisters, that unless two-thirds of the state legislators pass
the Child Labor Amendment, it will not be incorporated into the Constitution of
the United States,” the group’s former president Mary Church Terrell warned
members, “and that will certainly be a calamity.” Businesses, not least the
Southern textile industry, objected. And rural states, especially, objected—
Kentucky was among those states which failed to ratify—since the amendment,
which was badly written, could be construed as making it a crime for families to
ask their children to do chores around the farm. The Ohio Farm Bureau
complained, “The parents of the United States did not know that the congress
was considering taking their parental authority from them.”
“This book shows boys and girls living in an urban community how they may best
live within their own environment and how they may cooperate with the civic
authorities for the betterment of their environment,” the book’s foreword
explained. “Civic Biology” promoted Progressive public-health campaigns, all the
more urgent in the wake of the 1918 influenza pandemic, stressing the
importance of hygiene, vaccination, and quarantine. “Civic biology symbolized
the whole ideology behind education reform,” Adam Shapiro wrote in his 2013
book, “Trying Biology: The Scopes Trial, Textbooks, and the Antievolution
Movement in American Schools.” It contained a section on evolution (“If we
follow the early history of man upon the earth, we find that at first he must have
been little better than one of the lower animals”), but its discussion emphasized
the science of eugenics. Hunter wrote, of alcoholics and the criminal and the
mentally ill, “If such people were lower animals, we would probably kill them off
to prevent them from spreading.”
n the nineteen-twenties, Lela and John Scopes were students at the University
I of Kentucky, in Lexington, when he took a course on evolution taught by a
professor named Arthur (Monkey) Miller. That course caught the attention of
people who thought the state was spending too much money on the university. In
the summer of 1921, Frank McVey, the university’s president, had pressed the
legislature for funding to expand the university. In January, 1922, in a move
widely seen as a response, the legislature introduced a bill to ban the teaching of
evolution at any school, college, or university that received public funds.
McVey occupied an unusually strong position, partly because of the way he’d
handled the recent pandemic. Born in Ohio, the child of Progressive Republicans,
McVey had earned a Ph.D. in economics at Yale, where he wrote a dissertation on
the Populist movement, and in 1904, after a stint writing for the Times, he
published “Modern Industrialism,” an argument against laissez-faire economics.
He arrived at the University of Kentucky in 1917. A year later, during an
influenza outbreak that took the lives of fourteen thousand Kentuckians, McVey
made the decision, extraordinary at the time, to shut down the campus for nearly
a month. Of twelve hundred students, four hundred became infected and only
eight died, rates that were low compared with those at other colleges and
universities. The achievement was all the more impressive because young adults,
worldwide, suffered particularly high death rates.
McVey weighed his options: he could fight, or he could sit tight and hope that the
law, if passed, would be found unconstitutional. He decided to fight. He wrote to
Woodrow Wilson for support, but Wilson refused to take a stand that would have
pitted him against a former member of his Cabinet. McVey sent telegrams to
some fifty people. “Bill has been introduced in Kentucky Legislature with heavy
penalty to prohibit teaching of evolution,” he cabled. “Wire collect your opinion.”
Forty-seven fiery replies arrived within four days. The reverend of the First
Christian Church of Paducah maintained that the law “contravenes the spirit of
democracy.” “Universities must be left free to teach that which the best
scholarship believes to be true,” a pastor wrote from St. Louis. The president of
Columbia University suggested that the legislature do one better and prohibit the
publication of any books that “use any of the letters by which the word evolution
could be spelled.” The head of the First Christian Church in Frankfort, the state
capital, called the bill “unwise, unamerican and contrary to the spirit of Jesus
Christ.” Before the bill was considered, McVey had arranged for the responses to
be published in newspapers across the state. Finally, he addressed both the House
and the Senate and published an open letter to the people of Kentucky. “I have an
abiding faith in the good sense and fairness of the people of this State,” he wrote.
“When they understand what the situation means and when they come to
comprehend the motives underlying this attack upon the public schools of the
State they will hold the University and the school system in greater respect than
ever before.”
He said that the university was bound to teach evolution “since all the natural
sciences are based upon it,” but he hoped Kentuckians could agree that evolution
wasn’t what its opponents had made it out to be: “Evolution is development; it is
change, and every man knows that development and change are going on all the
time.” He took pains to distinguish the theory of evolution from social
Darwinism, regretting the law’s conflation of the two. Above all, he pointed out,
banning the teaching of evolution “places limitations on the right of thought and
freedom of belief,” and is therefore a violation of the Kentucky Bill of Rights.
Four days later, the bill was killed in the Senate, and the following month the
House voted it down, forty-two to forty-one. McVey had won, but, as he
remarked, “it may be that the fight here in Kentucky is really the forerunner of a
conflict all over the nation.”
In Dayton, Scopes had briefly subbed for the biology teacher, using the state-
mandated textbook, “A Civic Biology.” He agreed to test the law and was arrested
in May. William Jennings Bryan joined the prosecution, defending the rights of
parents. The month before the trial, he delivered a statement asking, “Who shall
control our schools?” To defend the twenty-four-year-old Scopes, the A.C.L.U.
retained the celebrated Clarence Darrow, who, that year, took on another case at
the request of the N.A.A.C.P. As Darrow and the A.C.L.U. saw it, Tennessee’s
anti-evolution law violated both the state’s constitution and the First
Amendment. “Scopes is not on trial,” Darrow declared. “Civilization is on trial.”
Scopes, in the end, was found guilty (a verdict that was later reversed on a
technicality), but Tennessee had been humiliated in the national press. Five days
after the trial ended, Bryan died in his bed, and with him, many observers
believed, died the anti-evolution campaign. The number of bills proposed in state
legislatures dwindled to only three, in 1928 and 1929. But the battle was far from
over. “The Fundamentalists have merely changed their tactics,” one commentator
observed in 1930. They had given up on passing laws. “Primarily, they are
concentrating today on the emasculation of textbooks, the ‘purging’ of libraries,
and above all the continued hounding of teachers.” That went on for a long time.
It’s still going on.
ela Scopes, after losing out on that job teaching math in Paducah because
L she refused to denounce her brother, left Kentucky to take a job at a girls’
school in Tarrytown, New York. Then, in 1927, she moved to Illinois, where she
taught at the Skokie School, in Winnetka. She never married, and helped raise
her brother’s children—they lived with her—and then she paid for them to go to
college.
In the nineteen-fifties, when Lela Scopes retired from teaching and moved back
to Paducah, Southern segregationists resurrected Bryan’s parental-rights argument
to object to the Supreme Court’s 1954 decision in Brown v. Board of Education.
“Free men have the right to send their children to schools of their own choosing,”
Senator James Eastland, of Mississippi, insisted after the decision. All-white
legislators in Southern states repealed Progressive-era compulsory-education laws:
rather than integrate public schools, they dismantled public education, as Jon
Hale reports in his recent book, “The Choice We Face: How Segregation, Race,
and Power Have Shaped America’s Most Controversial Education Reform
Movement.” The South Carolina governor George Bell Timmerman, Jr., signing
one such bill in 1955, declared, “The parental right to determine what is best for
the child is fundamental. It is a divine right. It is a basic law of nature that no
man, no group of men, can successfully destroy.” The following year, all but
twenty-six of the hundred and thirty-eight Southern members of the U.S. House
and Senate signed a statement known as the Southern Manifesto, warning that
“outside mediators are threatening immediate and revolutionary changes in our
public schools systems.” Two states in the West—Nevada, in 1956, and Utah, in
1957—passed measures making it legal for parents to keep their children home
for schooling.
A century ago, parents who objected to evolution were rejecting the entire
Progressive package. Today’s parents’-rights groups, like Moms for Liberty, are
objecting to a twenty-first-century Progressive package. They’re balking at
compulsory vaccination and masking, and some of them do seem to want to
destroy public education. They’re also annoyed at the vein of high-handedness,
moral crusading, and snobbery that stretches from old-fashioned Progressivism to
the modern kind, laced with the same contempt for the rural poor and the
devoutly religious.
But across the past century, behind parents’ rights, lies another unbroken strain:
some Americans’ fierce resistance to the truth that, just as all human beings share
common ancestors biologically, all Americans have common ancestors historically.
A few parents around the country may not like their children learning that they
belong to a much bigger family—whether it’s a human family or an American
family—but the idea of public education is dedicated to the cultivation of that
bigger sense of covenant, toleration, and obligation. In the end, no matter what
advocates of parents’ rights say, and however much political power they might
gain, public schools don’t have a choice; they’ve got to teach, as American history,
the history not only of the enslaved Africans who arrived in Virginia in 1619 and
the English families who sailed to Plymouth on the Mayflower in 1620, but also
that of the Algonquian peoples, who were already present in both places,
alongside the ongoing stories of all other Indigenous peoples, and those who
came afterward—the Dutch, German, Spanish, Mexican, Chinese, Italian,
Cambodian, Guatemalan, Japanese, Sikh, Hmong, Tunisian, Afghani, everyone.
That’s why parents don’t have a right to choose the version of American history
they like best, a story of only their own family’s origins. Instead, the state has an
obligation to welcome children into that entire history, their entire inheritance.
Lela Scopes insisted that her brother’s trial had never been about evolution: “The
issue was academic freedom.” Twentieth-century Progressives defeated anti-
evolution laws not by introducing pro-evolution laws but by defending academic
freedom and the freedoms of expression and inquiry. This approach isn’t available
to twenty-first-century progressives, who have ceded the banner of free speech to
conservatives. And, in any case, teachers don’t have much academic freedom: state
school boards and school districts decide what they’ll teach. Still, there are limits.
Biology and history offer accounts of origins and change, and, when badly taught,
they risk taking on the trappings of religion and violating the First Amendment.
Biology teachers have to explain evolution, but they can’t teach that God does not
exist, just as public schools can’t preach social justice as a gospel, a dogma that
can’t be disputed, and, equally, they can’t ban it.
Published in the print edition of the March 21, 2022, issue, with the headline “The Parent
Trap.”
Why John Mearsheimer blames the U.S. for the crisis in Ukraine.
Dispatch by Joan Didion: how a once idyllic town fell under the sway of a teen gang.
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Jill Lepore, a staff writer at The New Yorker, is a professor of history at Harvard. She is also
the host of the podcast “Elon Musk: The Evening Rocket.”
More: Education American History Parents Schools Children Evolution Clarence Darrow Trials
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