in 1925, malone was invited to join clarence darrow as co-counsel for the defense of john t. scopes in the famous "monkey trial". in response to bryan's argument against admitting scientific testimony, malone gave arguably the best speech of the trial in defense of academic freedom. "i have never learned anything from any man who agreed with me," was one of his famous quotes. in 1927, malone identified as an independent and wrote an op-ed in "the new york times" denouncing col. theodore roosevelt jr.'s "attacks on the governor of this state and your abortive attempts to associate him with any responsibility for commercialized vice."