that any Tennessee public school teacher who taught evolution could be fined up to $500 . Although the Butler Act had been passed, few believed that if put to the test, the Act would be upheld .
             Shortly after the Butler Act passed, the American Civil Liberties Union (ACLU) claimed that the Act violated Constitutional rights. Because the state of Tennessee banned the discussion of evolution in public schools, the ACLU, along with many other private citizens, saw this as a blatant infringement upon the rights granted by the 1st Amendment, and public school teachers' right to free speech . Also the ACLU was concerned about the relationship between church and state. Both the U.S. and Tennessee State constitutions prohibit the establishment of a preferred religion through any act of government. The ACLU believed that the Tennessee legislature gave preference to the Christian religion. Because Tennessee disallowed the teaching of any creation theory, other than that of the Christian religion in Tennessee public schools, the ACLU believed the st
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