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DANIEL v. WATERS

No. 74-2230.

515 F.2d 485 (1975)

Joseph C. DANIEL, Jr., et al., Plaintiffs-Appellants, v. Hugh WATERS, Chairman, Textbook Commission of the State of Tennessee, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

April 10, 1975.

Attorney(s) appearing for the Case

Frederic S. LeClercq, Knoxville, Tenn., for plaintiffs-appellants.

Milton P. Rice, Atty. Gen. of Tenn., Nashville, Tenn., for defendants-appellees.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

EDWARDS, Circuit Judge.

We are confronted in this appeal by a 1974 version of the legislative effort to suppress the theory of evolution which produced the famous Scopes "monkey trial" of 1925. See Scopes v. State, 154 Tenn. 105, 289 S.W. 363 (1927). In this instance the Tennessee Legislature has sought to avoid direct suppression of speech and has eschewed direct criminal sanctions. But the purpose of establishing...

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