Law vs. Ethics #2: The Supreme Court Unanimously Says Colleges Can Use Tuition To Run A Professional Sports Business

In NCAA v. Alston, handed down yesterday, a unanimous Supreme Court ruled that the National Collegiate Athletic Association (NCAA) violated the rights of student athletes and the Sherman Antitrust Act by restraining colleges from compensating student athletes. Justice Gorsuch wrote the opinion, upholding the U.S. Court of Appeals for the 9th Circuit. Justice Brett Kavanaugh wrote a concurrence.

The decision was a slam dunk for the players. Gorsuch vivisected the NCAA argument that its compensation rules should not be subject to a “rule of reason” analysis because it is a joint venture to offer consumers the unique product of intercollegiate athletic competition. The NCAA has monopoly power in the market, Gorsuch explained, so it deserves no such deference. The NCAA’s argument that it should be exempt because it offers societally important non-commercial benefits is ridiculous on its face, and Gorsuch explained why.

Justice Kavanaugh’s concurring opinion went further:

Continue reading

Morning Ethics Warm-up, 7/18/2019: Heading Toward An America Where “America” Is Banned, Where It’s Illegal To Call An Illegal Illegal, Where Judge’s Say “Good Work!” To Felons, And Where Illiterate Celebrities Are “Influencers”

Aiiii!

Everything is seemingly spinning out of control!

1. For example, this stupid controversy, and surprisingly, it involves the Kardashian family. Kylie Jenner, Kim’s half-sister, is, as you may know, a “social media influencer,” which means companies pay her millions to use Instagram to promote their brands or products to the mouth-breathing idiots who follow this fatuous and useless celebrity.

Kylie recently issued a post featuring this photo of herself nude in a huge straw hat…

 

which rankled another “influencer,” Amanda Ensing—how can someone get paid to influence people when I’ve never heard of them?— who accused Jenner of stealing her pose.  Ensling has more than one million followers on both YouTube and Instagram, where she posts her outfits, makeup looks, travel experiences, and hairstyles, and  had previously appeared on Instagram like this…

She implied that Jenner had engaged inInstagram pose plagiarism, or something. (There’s no such thing.) The ever-articulate half-Kardashian lashed back, in words reminiscent of Dryden or Wilde in high form,

“from the words of Kim K ur not on my mood board but i did get my inspo off Pinterest”

This exchange justified breathless accounts in People, The Daily Beast, Cosmo, E!, Us, and dozens of other websites, as well as celebrity cable shows, spreading the false impression that what these semi-literate narcissists  say or do matters, thus increasing their ability to make our young trivial and even dumber that our schools make them.

Apparently Pierre Auguste Renoir isn’t active on social media, or he might have complained to both “influencers.”

2. From Minnesota, a very different kind of stupid: In an epic example of woke virtue-signaling because Nationalism Bad,  the city council for St. Louis Park in Minnesota decided to end the practice of reciting the Pledge of Allegiance at its meetings—you know,  to be more “inclusive,” which means to pander to members who don’t care that much for the United Sates of America.  Then they were shocked to discover that a very vocal majority of constituents found the move offensive, so the city council members did a complete 180,  said, “Never mind!” and reversed themselves unanimously,though complaining bitterly and implying that Deplorables made them do it. Integrity! Principle over expediency! Continue reading

Morning Ethics Warm-Up: 2/26/2019: Horribles

GRRRRRRR!

I have to get my reply brief to that %$#@!#&%! Ethics Alarms defamation suit in today, and I just KNOW the online filing system isn’t going to work..

1. College basketball ethics. See? Baseball isn’t the only sport I follow! Zion Williamson, one of college basketball’s biggest stars and a potential NBA star as well, injured his knee after one of his Nike shoes split less than a minute into Duke’s game against North Carolina last week. Not only does Nike have a likely product liability lawsuit on its hands, while Williamson’s bright career is suddenly in limbo, the freak accident raised—AGAIN–issues of the propriety of the way universities like Duke handle big money sports. The New York Times asked:

“Here were all the issues of big-time college sports laid bare: Should amateurism be curbed in college sports, allowing athletes a cut of the money they help produce? Should a prodigious talent like Williamson, who is good enough to play professionally right now, have to risk his future competing for free because of an N.B.A. rule prohibiting him from leaping to the league from high school? Do the sneaker companies, which were at the heart of a federal fraud trial near the start of the season, do more harm than good in college sports?”

Answers: No, No, and Yes. Big time sports are a source of corruption in all colleges that feature them. Nobody should be admitted to college to play basketball or football. If they don’t want to learn, then there should be no place for athletes in college. Allowing universities to be participants in the business of sports to the extent that universities like Duke are is a travesty of education, and guarantees misconduct.

2. The shadow of Harvey Weinstein and Hollywood’s hypocrisy hung over the 2019 Oscars, but few noted it.

Donna Gigliotti produced the Oscars telecast. There has been no accountability for the many, many stars and Hollywood figures of both genders who enabled Weinstein’s crimes for years, then became #MeToo activists as soon as he no longer had the power to enrich them. [Pointer: Victory Girls]

3. Hasn’t this been obvious all along? Bloggress Ann Althouse does a terrific job deconstructing a New York Times article, a “Trump is Epic,” a conversation between columnists  Gail Collins and alleged conservative (who wants to repeal the second Amendment) Bret Stephens,  that could have been a parody of mainstream media bias and “resistance” false reasoning, but wasn’t. I didn’t have the heart or the stomach to fisk it, the thing is such self-evident crap: Thanks, Ann! She writes in part… Continue reading

Morning Ethics Warm-Up, Sort-of Veterans Day, 2017:

Good Morning!

1 I had to fix the title: today is being observed as Veterans Day by banks and other institutions, but it isn’t Veterans Day. Phooey. If a holiday is observed on a certain date, then in my terms, that is the holiday. No wonder the country is fatally confused all the time.

2. Well that was fast! I see that I have to write a “Stop Making Me Defend Roy Moore!” post. Yechhh.  The Left’s shameless virtue signalers are out in force representing a slug who repeatedly failed in efforts to date teens 40 years ago as a menace to womankind. Oddly, many of these same white knights dismissed Bill Clinton using an intern half his age as a sex toy in the Oval Office as “just sex.”  How can these people stand to be in the same room with themselves?

3. Former Vice President Joe Biden said in an interview with Oprah Winfrey that he believes he was the most qualified person to be president in 2016.

Yechhh. This is right up there with a losing team saying it was really the best team, but even worse. It’s like defaulting the decisive game because it’;s chilly outside, and making that claim.

“Oprah, no woman or man should announce they’re running for president unless they can answer two questions,” Biden told O. “One, do you truly believe you’re the most qualified person at the moment — I believed I was.” He did? That in itself disqualifies him. Joe Biden has never held an executive position in his life. Being Vice-President is relevant experience, for sure, although Biden hardly covered himself with glory during his tenure. Joe is also not the sharpest knife in the cutlery set, to be nice about it. He’s been caught plagiarizing speeches. He says jaw-droppingly dumb things almost daily. Is self-delusion a qualification?

Sure, Joe was preferable to Trump or Hillary: I would have held my nose and voted for him. He’s right to say he was better qualified than those two, simply because he’s not corrupt and has at least a rudimentary concept of right and wrong. Being better than those too doesn’t make him “the most qualified” that’s Biden’s weak mind at work. Jim Webb, to name one of many, had (and has) far stronger leadership qualifications. One of those qualifications is courage, which in Biden’s case meant having the guts to step in a try to take the nomination from Hillary Clinton. Biden had a duty to do this, but when it came down to action, he ducked.

Disqualified.

4.  Can there be any more blatant Ethics Dunces than LiAngelo Ball, Cody Riley and Jalen Hill, the three freshmen on the UCLA men’s basketball team who apparently shoplifted Louis Vuitton sunglasses  in the Chinese city of Hangzhou? UCLA is in China for a week-long visit as it was scheduled to open its season in Shanghai this weekend against Georgia Tech. The three players are now out of that game, and it is even in doubt whether the game will take place at all, since the UCLA team is confined to its hotel. The Three Dunces could be months away from returning home as the legal process in their case plays out. If they were Chinese citizens, they would be facing prison.

<gag!><ACK!><arghhh!> This is embarrassing to the whole country, not to mention UCLA and its basketball program. Of course, Big Time college sports breed and nurture such  arrogant, entitled, sociopathic conduct. Is it possible that all the players were not instructed in the dos and don’ts of traveling in not just a foreign nation, but in a Communist power looking for ammunition to wield against the U.S. in the diplomacy wars? Oh, sure it’s possible. I wonder if the players were also told not to take a knee when they played the Chinese national anthem.

Shoplifting? Do the players shoplift at home, or is this just something they think is appropriate in China? My guess is that there will be some deal-making to get the players home, and then let’s watch carefully what happens to Ball, Riley and Hill. This will be an integrity test for the NCAA and the school.

If they don’t flunk it, I will be stunned. Continue reading

Tales Of The King’s Pass: The Rick Pitino Saga

My father attended to the University of Louisville for a while, and he was a proud Louisville boy, so the recent fall of the school’s famous basketball coach has a homey ring for me. Fortunately, my father had little use for big time college sports and if he followed college basketball or the fortunes of his old school, he never passed an interest in hoops to me. Mark that as one more thing to be grateful to Dad for. For decades, my lack any rooting interest in college basketball and college football has been driven by the knowledge that  they are both malign corrupting influences on higher education, students, athletes, African-Americans, communities, the sports media, and the nation’s culture. The amazing thing is that the sports don’t even hide it very well.

If you are not aware of the recent college recruitment scandal coming out of Louiville, here’s a short summary. Rick Pitino is perhaps the most famous college men’s basketball coach, and maybe the most celebrated college sports coach generally now that Joe Paterno is gone. (Here’s how closely I follow college sports: there was a time when I thought Pitino and Paterno were the same person, as in “You say Paterno, and I say Pitino…!”—which is ridiculous: Pitino is a cheat, and Paterno let children be molested so he could save his football program from bad publicity.) Pitino was placed on unpaid administrative leave after the school learned that he was a target of an FBI investigation into fraud and corruption. Yesterday, CBS  identified Pitino as the “Coach-2” who played a role in funneling $100,000 to a U of L  basketball recruit. That player is Brian Bower, and the 1oo grand came from Adidas “at the request of a coach,” apparently Pitino. In case you are really a college sports virgin, the NCAA has strict rules against paying athletes or offering them money to come to a school, unless the money is in the form of a phony scholarship that has nothing to do with education.

The key thing to remember is that nobody is really surprised. Well, nobody is surprised when any big time college  football or college coach is caught in recruiting scandals, but Pitino has been involved in several scandals throughout his career: Continue reading

Ethics Quote Of The Week: Washington Post Sports Columnist Norman Chad On “March Madness”

printable-march-madness-bracket

“People often ask me, “Why do you ignore college basketball?” Really? That’s like asking a vegan, “Why do you ignore cattle farms?…Why wouldn’t I ignore college basketball? They just round up the usual suspects every year, and, believe you me, these people are awfully suspect. The game is rotten at its core; it’s only cheating if you get caught, and if you get caught, you’re only liable if you’re losing.”

—- Sports columnist Norman Chad, on why he doesn’t follow the NCAA basketball tournament.

To which I reply, “Exactly.”

As Chad notes in his column, big-time college basketball is pure dribbling corruption. The players are exploited and tossed aside, few of them graduating and most leaving with little real education. The athletic programs warp school priorities and eat up institution resources that should be devoted to the curriculum,  the typically coaches are paid more than any three faculty members combined, and they teach their charges that cheating pays. Continues Chad in his inimitable style:

But the players don’t bother me – they are like cattle, used for two percent milk and tenderloins until their services are exhausted. It’s the coaches that bother me – the See No Evil Hear No Evil Do No Evil Block/Charge No Evil shim sham flimflam riffraff sitting on the bench in those fine suits with their fat wallets.

Jim Boeheim? A bum. John Calipari? Bum. Rick Pitino? Bum. Roy Williams? Bum. If these fellas are earning big paychecks from institutions of higher learning, institutions of higher learning must be in a different business than they once were.

Boeheim and Co. run the whole shooting match, and no matter what they do, you can’t run ‘em out of town unless they miss March Madness three straight times. Which brings us to Larry Brown. He’s at his third college coaching stop – UCLA, Kansas and now SMU – and he’s three-for-three for NCAA infractions. If there were a Recruiting Violators Anonymous program, he’d be John Calipari’s sponsor!

Bingo. Continue reading

The O’Bannon Case: A Judge Explains How The Law Requires An Unethical and Corrupt Practice To Be Fair….But It’s Still Unethical and Corrupt

NCAA-ban

Now that a federal judge has declared the elite student-athletes at big time sports colleges to be what they are…paid mercenaries…and the sports programs at such institutions to be what we always knew they were…cynical sideshows that sacrificed education to greed…will the pubic, the media, educators, and universities now stop this slow-moving ethics train wreck?

Of course not.  If they cared about how high-profile college sports were warping both America’s education and its values, they would have addressed the problem decades ago. They would have stopped it before, for example, schools started paying football and basketball coaches more than any professor. They would have stopped it before prestigious schools gave degrees to graduates whose entire education was a sham, who took ridiculously easy courses and who were held to infantile academic standards, all so rich, fat alumni would continue writing checks. They would have stopped it before a revered football coach held such power in a university that he was able to persuade the school’s leadership to allow a child sexual predator operate on campus.

U.S. District Judge Claudia Wilken, in a 99-page ruling agreeing with the claim of a group of plaintiffs fronted by former UCLA basketball player Ed O’Bannon, issued an injunction against the NCAA from “enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.”

The ruling will be appealed, and some of its legal conclusions certainly seem debatable. That is not my concern. The opinion effectively kills the fiction that the semi-literate youths who perform on-the-field heroics to burnish the images of universities and attract huge broadcast fees are what the NCAA, alumni, students , the schools and the media pretend that they are. Now that we know they are not truly students, what persuasive ethical justifications can be given for them to play college sports at all?

My answer?

None. Continue reading

KABOOM! Delta Sacrifices 50 Passengers To College Basketball

Kaboom.

Kaboom.

Once again, it’s head exploding time at Ethics Alarms. If you had asked me if an airline could do this, I would have answered “I hope not.” If you had asked me if an airline would do this, I would have answered, “Never!” But an airline did do this, and apparently isn’t even sorry about it.

KABOOM!

When maintenance issues grounded the Sunday afternoon Delta aircraft flight scheduled to carry the University of Florida men’s basketball team from Gainesville to Storrs, Connecticut for a 7 pm (E.S.T.) Monday game against the University of Connecticut, Delta canceled Delta Connection flight 5059 to  Atlanta, kicked its 50 passengers off the flight without telling them why, and converted their flight into a charter to Connecticut so the Gators wouldn’t be inconvenienced. It was reported that the bumped passengers were deceitfully told that there were mechanical problems, but never let on to the fact that the problems related to a different flight. Then, once they had been told their flight was cancelled, some passengers saw what had been their plane being boarded by some very tall young men. Continue reading