Ethics Quote of the Week: Washington Sports Writer Sally Jenkins

“Overreaching by government is far more harmful than any of the alleged offenses. It has poured more poison into the system than is contained in any needle.”

—-Sally Jenkins, writing in the Washington Post sports pages about the Roger Clemens prosecution.

Elsewhere in her column, Jenkins writes:

“Someone in authority at the Justice Department should have said to the federal investigators who pursued Clemens since 2007 on perjury charges, “You don’t have the evidence that can win a conviction.” The government never had a case, and knew it didn’t have a case (or at least should have), and brought the case anyway.”

Bringing a case when a prosecutor doesn’t have sufficient evidence is the epitome of unethical prosecution, and the Clemens case certainly qualifies. I can’t write much about this now, because I am preparing to give an ethics seminar to Washington D.C. government attorneys about legal ethics in government practice. I always find the government attorneys to be extraordinarily informed regarding ethical standards, and to have excellent ethical instincts. I will be talking about the Clemens case, and the Ted Stevens prosecution that went so horribly wrong, and the Fast and Furious investigation, in which a Federal Prosecutor announced his intention to take the Fifth Amendment if he was called before Congress. I will be talking about a lot of things.

There is obviously a problem.

___________________________

Spark: Ron Sarro

Source: Washington Post

Graphic: The Cell Phone Junkie

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Roger Clemens Was Acquitted, Not “Vindicated”

The first ethics breach is the utter incompetence of reporters who nonetheless are permitted to go on the air and mislead the public. A jury acquitted baseball great Roger Clemens  of 6 counts of perjury today, and I have just screamed in my car, frightening Rugby (my Jack Russell Terrier), after hearing three reporters on three radio stations say that Clemens was “vindicated.”

Incompetents. Ignoramuses. Continue reading

Armstrong’s Unmasking: Better Late Than Never

Don’t worry, Barry; Lance should be joining you soon.

Well, I guess I  have to hand it to Lance Armstrong, a bit like Ozzie Guillen when he praised Fidel Castro for surviving his dictatorship against all odds. The evidence, circumstantial and otherwise, that Armstrong is a  prohibited drug cheater ( like most successful cyclists) has been mounting for over a decade, and yet he has managed to hold on to much of his prestige and iconic status. Meanwhile, retired baseball slugger Barry Bonds has been reviled, condemned, prosecuted and vilified, by me among many others, for presumed illicit performing enhancing drug use in his sport that is backed by very similar kinds of evidence that  incriminate Armstrong. Yet while Bonds faces the humiliation of being rejected for election to baseball’s Hall of Fame next year when he becomes eligible, despite being the sport’s all-time career home run leader, Armstrong was preparing to race again to cheering throngs  in an upcoming iron man triathlon.

Then came the news, yesterday, that the U.S. Anti-Doping Agency has brought formal doping charges against him.  No one should underestimate Armstrong’s skill in wiggling off the hook, but this really should settle the issue of whether he is a hero or a manipulative charlatan. He is the latter. Whether he was a good but weak man trapped in a lie, or a sociopathic con man and cheat can be investigated by biographers and sportswriter, and psychologists. The harm that will be done when his false heroism is irrefutably exposed, however, will be the same no matter how Armstrong came about causing it.  His sport will be permanently tarnished beyond recovery. Scores of children and teens will be disillusioned, betrayed into a cynicism about role models and human nature that should only descend later in life. Worst of all,. his example will stand for some as proof that cheating pays. Armstrong, whatever happens to him, will be rich, like Barry Bonds, even if he is disgraced. He will, as my father liked to say, cry all the way to the bank. Continue reading

Hurray for the “O!” in “The Star Spangled Banner,” And The Man Who Put It There

Wild Bill Hagy, on the job

When the Washington Nationals hosted the Baltimore Orioles in an interleague baseball game, many Orioles fans attended to root for their team, the long-diminishes but suddenly (and, I fear, temporarily) resurgent O’s from Charm City. Nobody who has attended Orioles games in Camden Yards was surprised that the Orioles fans shouted out a loud “O!” as the National Anthem reached its climax, in the line, “Oh say does that star-spangled banner yet wave?” They have been doing this, joyfully and with full-throated enthusiasm, for over four decades.

Washington Post sportswriter Mike Wise to his keyboard to express his annoyance and indignation. Calling the O’s fans who engage in the traditional shout “cretins,” Wise wrote,

“…By claiming the lyrics, if only for a moment, you fundamentally undermine the idea that the song was written to unite instead of divide. A national anthem is a national anthem, not a convenient vehicle for one’s immense pride in his or her team.”

Allow me to retort!

Baloney. Continue reading

Comment of the Day: “Ethical If We Want It To Be: NBA Flopping and Fooling the Ref”

This is a wonderful comment by Dwayne N. Zechman, which goes to the heart of what makes sports ethics so perplexing. Let me leave it to Dwayne now, and I’ll have some comments at the end. Here is his Comment of the Day on the post Ethical If We Want It To Be: NBA Flopping and Fooling the Ref:

“I admit I’m having a little trouble with this one.

“If I understand correctly, your premise is that each sport has its rulebook, and what’s ethical or not is mostly determined by what’s in that rulebook. The outside margins of “mostly” come from long-standing traditions, and de facto rules related to safety or practicality. The game isn’t life–it’s a distinct “closed system” if you will, and the rules about life might not apply. Or perhaps it’s better to say that we can choose to declare (in the rulebook or through tradition) that certain rules of life do not apply within the game and that’s okay. Doing so diminishes neither the ethical rule nor the game itself.

“So the beginning of my trouble is that this smacks a little of a combination of “Everybody does it”, “If it isn’t illegal, it’s ethical”, and The Compliance Dodge. Okay, I can accept that, though, because we’ve already stipulated that specific ethical principles can be exempted from a game/sport.

“Next comes my own dissonance in trying to reconcile this article with other recent articles here on Ethics Alarms about pro football, where the same exemption of ethical principles is applied, but somehow shouldn’t be. Okay, I can accept this, too. There is a distinction in that an ethical principle shouldn’t be exempted from the game when there are clear, demonstrable consequences to the player that persist after the game is over and the player’s real life resumes. In a situation such as that, it’s impossible to exempt an ethical principle JUST for the game because the exemption itself renders the game no longer a “closed system”. Continue reading

Ethical If We Want It To Be: NBA Flopping and Fooling the Ref

“And in the category of Best Feigned Foul in An NBA Play-Off Game, the nominees are….”

Once again, the issue of players in professional sports intentionally deceiving the referees is enlivening the sports pages. I welcome it: the intersection of sports and ethics is always fascinating. This particular intersection is as old as sports itself. Is deceiving the referee (or umpire) for the benefit of one’s team competitive gamesmanship or cheating? Is it an accepted tactic, or poor sportsmanship? In short, is it ethical or unethical?

The current version of this controversy has broken out in the National Basketball Association, where  Commissioner Daniel Stern  has declared war on “flopping”—the maneuver where a player draws an undeserved foul on an opposing player by acting as if minor contact or even no contact at all was near-criminal battery. Stern has suggested that the NBA needs to start handing out major fines for these performances, which in the heat and speed of the game are often only detectable with the aid of slow-motion replay after the fact Continue reading

Ethics Hero: The Boston Red Sox

Hold onto this one, Derek.

They can’t play baseball very well right now, but the Boston Red Sox*, my home town team, currently in last place in the American League East, knows how to make an ethical and generous gesture of respect and gratitude.

It has been largely forgotten now, but pitcher Derek Lowe was a big disappointment to the Red Sox during the regular 2004 season, barely winning as many games as he lost and pitching to a high earned run average. In the play-offs and World Series, however, Lowe was as good as good as a starting pitcher could be, going 3-0 and winning the clinching games of both the team’s stunning comeback play-off series win over New York and it sweep of St. Louis to win Boston’s first World Championship since 1918.

Tired of Lowe’s inconsistency and unpredictability (he had a reputation of partying too hard, especially on road trips), the Red Sox let him leave as a free agent after the 2004 season. Since 2004 he has been for the Atlanta Braves what he often was for Boston: a sometimes brilliant starting pitcher with a deadly sinkerball, and for the Red Sox, a distant memory. Last season Lowe’s home was robbed, and among the more than $90,000 of baseball memorabilia that was stolen was his Championship ring from that 2004 season. His insurance covered the monetary loss, but the ring, Lowe’s personal symbol of his key role in a Historic sports event, was lost forever.

Last week, when he was in Boston with his latest team, the Cleveland Indians, Lowe beat the Red Sox as a starting pitcher, and later received a message from the Red Sox owners that they wanted to give him something. Then John Henry, Larry Lucchino and Tom Werner, the trio of tycoons who have owned the team for a decade,  personally presented him with a 2004 World Series ring to replace the one that was stolen from his Florida home. Continue reading

Ethics Dunce: Sportswriter Jason Reid

I really don’t care how bad you feel, Jason.

In designating national sportswriter Jason Reid an Ethics Dunce because of his sensitive, thoughtful, brave but ultimately unethical column this morning, I don’t intend to suggest that his ethical failing is unusual, or noteworthy for any reason other than the fact that it is universal.

Sometimes we are all like Jason Reid, I think. We all engage in conduct that we suspect is wrong, but we enjoy it. Gradually, truth breaks through our denial and we cannot avoid the conclusion that the conduct is wrong; still, despite the fact that we do not believe human beings should willfully do wrong, we persist in the conduct.

Because we enjoy it.

Reid’s column is titled “Seay’s Death Forces Uncomfortable Questions For Football Fans,” referring to the recent suicide death of former NFL star Junior Seau, the second suicide of a former pro football star in recent weeks. The uncomfortable question is the same one I raised on Ethics Alarms in November of 2009, which tells you how many NFL fans read ethics blogs. I wrote then,

“Simply put, it is wrong to pay money to persuade people to permanently damage themselves for our entertainment. No fight fan can watch Muhammad Ali today, recalling his nimble wit and amusing patter, and not feel complicity in his current near-mute condition, the result of being induced to box after his skills were eroded by time. When we know, and players know, that playing football in the NFL is going to lead to premature dementia for a significant number of players who will accept the risk if the money is right, can we ethically continue to provide that money?”

Sportswriters don’t read ethics blogs either, so in May of 2012, Reid has decided that this and related questions need asking. So he writes.. Continue reading

Comment of the Day: “Is Buzz Bissenger Right? Should College Football Be Banned?….”

You’ve read the Comment of the Day….now read the book!

In his Comment of the Day, Michael elaborates on the ethics of college sports generally, going beyond the original topic of major football programs. The expenditures on student athletes is an ethics scandal all by itself, as Michael makes clear. When the headlines in the D.C. area were all about Maryland cutting eight varsity sports, I was stunned to learn 1) that the university spent a whopping $67, 390 per student athlete, and that this was the lowest amount in the the ACC (as opposed to Florida State’s $118, 813).  What possible justification could there be for this, when tuition costs are already crushingly high? Michael’s post makes the answer clear: none.

Here is Michael’s Comment of the Day, on Is Buzz Bissenger Right? Should College Football Be Banned? Is He KIDDING? Of Course It Should…:

“What is shocking is how big an impact this has on college student lives and how little anyone actually cares about learning and how little people actually care about the college students.

“If you have seen the news recently, there is a debate going on about college loans. There are also stories every few days about the high costs of college and skyrocketing college loan amounts that are the next big bubble to burst in the economy. It is obvious that this is going to end badly, with devastating consequences for the students, the education system, and the whole of US, but no one wants to actually do anything about it. Everyone wants to just stick their fingers in their ears and hope it will all turn out OK like that mortgage-backed-securities thing did. If you want to get to the bottom of the problem, you first need to start looking at where the money goes.

“How much does college actually cost?” Continue reading

Is Buzz Bissenger Right? Should College Football Be Banned? Is He KIDDING? Of Course It Should. And Everybody Knows It.

Scholars all, I’m sure.

Not for the first time, sportswriter and commentator Buzz Bissinger has everybody buzzing about one of his frank opinion pieces, this one launched in the Wall Street Journal. His provocative title: “Why College Football Should Be Banned.”

Bissinger deserves credit for being willing to bite the hands that feed him: he is the author of “Friday Night Lights,” and many of Bissinger fans, at least up to now, tend to be football fans too. His article, however, is also one of those periodic slaps in the face of cultural apathy that occasionally causes a shift, as when Harriet Beecher Stowe wrote a little novel that alerted a lot of people to the obvious fact that a system in which human beings were bought, sold, and bred like cattle might not be consistent with civilized morality. It doesn’t take a genius, a revolutionary or a careful analyst to conclude that big time college football is corrupt and corrupting to the core. It only takes a willingness to brush aside rationalizations and face the truth.

Here are the arguments Bissinger presents to support his thesis:

  1. Football has nothing to do with academics.
  2. It is a distraction from both the purpose of higher education and attention to the serious problems facing the university system.
  3. With college tuition reaching outrageous levels and the college loan system teetering, university expenditures on pricey football programs are unconscionable.
  4. The major beneficiaries from college football are the NFL, which uses it as its minor league system at minimal cost; pathetic alumni, who wrap their self-esteem up with the fortunes of their alma mater’s football fortunes; and obscenely-compensated football coaches.
  5. Football programs, contrary to what the public might think, often lose money and become a drag on tuition funds.
  6. Colleges like Maryland have cut other varsity sports (eight of them, in Maryland’s case) to allow it to pay for football.
  7. The representation that the athletes are students is largely a sham, with many of them failing to graduate and the majority spending minimal time on substantive course study.
  8. The athletes are exploited.
  9. The game entails serious health effects, primarily head trauma, that are only now being recognized.

I’m sure we can come up with a #10, too. Oh! I have one: Penn State. We were just given a front row seat to a frightening display of how even a “model” football program could warp the priorities and ethical values of an entire campus culture.

Of course Bissinger’s attack has college football supporters scrambling into a defense formation. What can they come up with? Not much, but it’s a fascinating study of how rationalizations rush into voids caused by the lack of substantive arguments. One college football-hyping blog’s first response was this: Continue reading