Let’s Play “Pick The Most Unethical Lawsuit!”

Bad suits

Hello, hello, hello, Game Show fans! My, what a great crowd we have today. I’m your host, Wink Marshall, and today our contestants are going to compete for Most Unethical Law Suit. As always, you, our home audience, will decide who get the prize, a lifetime supply of extremely expensive boloney, courtesy of our sponsor, Oscar Meyer. Are you ready? Then, let’s meet our contestants! First, heeeere’s…

Andrew Rector!

You remember Andrew, right? In June, I wrote…

ESPN cameras caught Andrew Rector sleeping in his seat in the fourth inning of  the April 13 Boston Red Sox-New York Yankees game. In the time-honored tradition of TV play-by-play when something funny, weird or, most especially, sexy is spied in the stands, ESPN commentators Dan Shulman and John Kruk  began making fun of him. The clip ended up on YouTube, naturally, and thus on various sports websites, followed by the various idiotic, cruel, gratuitously mean-spirited insults, usually composed by brave anonymous commenters. …Let me say for the record that picking fans out of the crowd at sporting events and making fun of them, whatever they are doing, is generally a rotten thing to do. I know: it’s public, you know you might be on camera, and the fine print on the ticket stub puts you on notice. Unless, however, the conduct involved is actually newsworthy or despicable (as in instances where an adult has snatched a baseball from a child), the Golden Rule applies. …Unfortunately, Rector, whose name was unknown and whose sleeping form would have been quickly forgotten, decided that his humiliation was so great that he needed to sue…for $10, 000,000. Rector filed the suit against ESPN, Shulman, Kruk, the New York Yankees and Major League Baseball…and asks for damages for defamation and intentional infliction of emotional distress, citing malicious and false statements said about him,including that Rector is “a fatty cow” that represents a “symbol of failure.” …None of the defendants actually said any of these things (“fatty cow”?). Rector’s suit is apparently making the creative legal argument that ESPN’s mild mockery seeded the vicious mockery elsewhere on the web.

Welcome back to Ethics Alarms, Andrew, old friend!  Try to sta awake, now! Has the Streisand Effect kicked in yet? We’re doing what we can to help!

Now let’s meet someone completely new to Ethics Alarms, Contestant #2, Continue reading

On Mockery, The Streisand Effect, Incompetent Lawyers And The Sleeping Yankee Fan

ESPN cameras caught Andrew Rector sleeping in his seat in the fourth inning of  the April 13 Boston Red Sox-New York Yankees game. In the time-honored tradition of TV play-by-play when something funny, weird or, most especially, sexy is spied in the stands, ESPN commentators Dan Shulman and John Kruk  began making fun of him. The clip ended up on YouTube, naturally, and thus on various sports websites, followed by the various idiotic, cruel, gratuitously mean-spirited insults, usually composed by brave anonymous commenters.

This is a familiar pattern of unethical public mockery, and we have become inured to it. Though the ESPN team’s jibes were rather mild in nature, and Rector’s legitimate embarrassment quota would be far, far less than, say, that of George Costanza when this happened at the U.S. Open, let me say for the record that picking fans out of the crowd at sporting events and making fun of them, whatever they are doing, is generally a rotten thing to do. I know: it’s public, you know you might be on camera, and the fine print on the ticket stub puts you on notice. Unless, however, the conduct involved is actually newsworthy or despicable (as in instances where an adult has snatched a baseball from a child), the Golden Rule applies. Who knows why Rector was sleeping? Maybe he was up all night with a dying relative or a grievously ill child—Shulman and Kruk don’t know. And if he chooses to pay for a ticket and nap during the game—and it wasn’t exactly a scintillating game, I should add—so what? Continue reading