Sports Law Roundup – 10/20/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Penn State child abuse: A court has denied the request of Jerry Sandusky, the former Penn State University assistant football coach who sexually abused children, for a new trial. Sandusky contends his conviction on those charges was wrongful due to the claimed inadequacy of his legal representation at trial and the prosecutor’s failure to disclose potentially exculpatory information.
  • NFL hiring collusion: Free-agent quarterback Colin Kaepernick has filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. Kaepernick identifies President Donald Trump as a significant actor whose public statements condemning protesting players motivated the owners’ decision. Kaepernick faces an uphill legal climb, though, because circumstantial evidence– the observable fact that no team has hired him despite his track record and apparent needs at his position– is insufficient to prove collusion. Under the collective bargaining agreement, “no club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit” a team from negotiating or contracting with a free-agent player. To make his case, Kaepernick will need to demonstrate that the owners, together and not independently, made an affirmative decision not to employ him, or that the NFL itself directed or encouraged teams to take that position. Depending upon how this matter evolves, however, the stakes for the league and union could be high, as, under certain circumstances, proof of collusion could terminate the CBA.
  • Wrigleyville: The U.S. Court of Appeals for the Seventh Circuit has denied a request for rehearing filed by owners of Wrigley Field-area owners of rooftop restaurants and bars who claimed the Chicago Cubs violated an agreement to prevent the obstruction of field views from the neighboring rooftop establishments when the team included a new, large, outfield video board in its updates to Wrigley Field. The court offered no explanation for its decision to reject the petition for a rehearing of its prior judgment that the agreement itself and MLB’s antitrust exemption barred the neighbors’ claims.
  • North Carolina academics: After spending more than six years investigating the University of North Carolina for academic fraud, the NCAA issued a final ruling subjecting the school to minimal sanctions that do not affect any of UNC’s athletic programs, a decision that, according to Mark Titus, “should come as no surprise.”

Sports court is in recess.

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Erin Andrews says the NFL enforces an in-game press embargo

Erin Andrews, an NFL sideline reporter for Fox, told Stephen Colbert last night (4:37 mark of the above video) that she is not allowed to report actual comments she hears from players or coaches.

“I hear the craziest things you could ever imagine,” Andrews said, explaining that she wished she could report them, but “the NFL doesn’t allow that.” Instead, she said, she is required to “paraphrase” what she hears in very general terms. Andrews wouldn’t elaborate on potential consequences of such reporting, saying only that “it’s just a rule, as a sideline reporter, I cannot repeat verbatim what I hear on the sideline.”

No sports entity is more interested in image control than the NFL (although execution sometimes is a different question), so it’s not shocking that Roger Goodell would have a gag order in place to keep what he undoubtedly sees as his reporters from relating to the public the actual comments of what he undoubtedly sees as his players.

This really shouldn’t come as a surprise if you recall the story that broke over the summer, when the league dictated to NBC which announcers the network was required to use on its Thursday and Sunday night broadcasts.

In the professional football world, the NFL Network is state-run media, obviously, but little leaks like the NBC Al Michaels/Mike Tirico story and Andrews’ revelation last night serve as gentle reminders that, for the NFL, there is no such thing as an independent press.