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The State of Tennessee v. John Scopes, (1925)

Scopes went to trial immediately before the US Supreme Court began incorporating the First Amendment to the States in Gitlow v. New York, 268 U.S. 652 (1925). At the time Scopes' case was heard, there was no obligation on the part of Tennessee to abide by the First Amendment of the US Constitution.

Scopes v. State, 154 Tenn. 105, (1927)

The Tennessee Supreme Court affirmed the trial court's decision on appeal in Scopes v. State, (1927), and rejected Scopes' First Amendment argument on the grounds that Tennessee was permitted to regulate his speech in the classroom because he was an "employee of the state of Tennessee or of a municipal agency of the state" and under contract to work for an institution of the state. The Court held that Scopes' First Amendment rights were only abridged while performing an official service (teaching) for the state, but were untouched elsewhere.

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Q: Why did the Tennessee Supreme Court ignore the First Amendment in State v Scopes?
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