Upon hearing of the Butler Law, which prohibited the teaching of evolutionary theory in Tennessee's public schools, the American Civil Liberties Union (ACLU) in New York, a union that defends constitutional freedoms, sought to test the constitutionality of the law. It advertised in Tennessee newspapers for a teacher willing to challenge the law and offered to pay all trial expenses.
George Rappleyea, a Rhea County businessman and evolutionist, saw the ACLU's advertisement. He knew that such a test case would attract national attention, resulting in economic opportunities for the somewhat depressed Rhea County/Dayton area. Rappleyea spoke to other community leaders about the ACLU offer, and they agreed that a trial generating national attention would benefit the economy of Rhea County.
Rappleyea and the other town leaders summoned before them John Scopes, a 24 year-old science teacher and coach at the local high school who had substituted for the biology teacher during the last weeks of school. Scopes told the town leaders that, while substituting, he used a textbook entitled A Civic Biology, which contained evolutionary theory. The town leaders informed Scopes of the Butler Law and asked whether he would be willing to challenge the law. Scopes agreed, and within a short time, the town constable arrested him. Afterwards, Scopes, who was never jailed, returned to the tennis game from which he had been summoned.
