The American Civil Liberties Union (ACLU) was actively looking for a test case to challenge the Butler Act. When the law was passed, the ACLU issued a press release offering to defend any teacher prosecuted under it. This caught the attention of a group of Dayton businessmen, including George Rappleyea.

Rappleyea approached John T. Scopes, a young high school science teacher, and asked if he had taught evolution in his classes. Scopes wasn’t entirely sure if he had if he had explicitly taught evolution, but he had used a textbook that included the theory. After some discussion, Scopes agreed to be the defendant in the test case, saying, “If you can prove that I’ve taught evolution and that I can qualify as a defendant, then I’ll be willing to stand trial.”
With Scopes’ agreement, the ACLU took on the case, and the stage was set for the famous Scopes Monkey Trial.
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