State v. Epperson

From Wikisource
Jump to navigation Jump to search

In State v. Epperson, 242 Ark. 922 (1967), the Arkansas Supreme Court upheld a state law that banned the teaching of evolution in public schools. The court's decision was reversed by the U.S. Supreme Court in Epperson v. Arkansas, 393 U.S. 97 (1968).

2553000State v. Epperson1967the Arkansas Supreme Court

Supreme Court of Arkansas

242 Ark. 922

State  v.  Susan Epperson and N. H. Blanchard

Appeal from Pulaski Chancery Court

No. 5-4127. --- Delivered: June 5, 1967.
Rehearing denied: July 26, 1967. 

Court Documents
Per Curiam Decision
Concurring Opinion
Ward
CONSTITUTIONAL LAW—STATE'S POWERS & FUNCTIONS—STATUTE SPECIFYING CURRICULUM IN PUBLIC SCHOOLS AS VALID EXERCISE OF.—Initiated Measure No. 1 of 1928 [Ark. Stat. Ann. § 80-1627 and § 80-1628 (Repl. 1960)] held a valid exercise of the state's power to specify the curriculum in its public schools, although no opinion expressed as to the theory involved, the answer not being necessary to the decision, and the issue not having been raised.

Appeal from Pulaski Chancery Court, Murray O. Reed, Chancellor; reversed and dismissed.

Bruce Bennett, Attorney General; Fletcher Jackson, Asst. Atty. General, for appellant.

Warren & Bullion, for appellee.

[PER CURIAM decision of the court. Concurring opinion by Justice PAUL WARD. Justice ROBERT H. DUDLEY dissents without opinion.]

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

Public domainPublic domainfalsefalse