He testified for the plaintiffs, but only as a fact witness (not as an expert), in "Selman v. Cobb County", testing the legality of stickers calling evolution a "theory, not a fact" that were placed on the biology textbook Miller authored. In 2005, the judge ruled that the stickers violated the Establishment Clause of the First Amendment to the United States Constitution. This decision was vacated on appeal because of missing records of the previous trial. The case was remanded for additional evidentiary inquiry and new findings, and a list of factual issues that the court would probably want to address included as item 15 a reference to Miller's testimony regarding "the colloquial or popular understanding of the term and the suggested question as to whether he has any qualifications to testify as an expert on the popular meaning of the word "theory". The case was remanded back to the lower court and was eventually settled out of court.