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Conference hbahba::cam_sports

Title:Sports 93-96 Archive. No new notes allowed
Notice:Chainsaw's last standSPORTS_97
Moderator:HBAHBA::HAAS
Created:Mon Jan 11 1993
Last Modified:Tue Apr 15 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:302
Total number of notes:117855

93.0. "Free Speech in Sports" by DECWET::CROUCH (NiceHaircut.YourTributeToPeteRose?) Mon Feb 15 1993 11:13

    Something that's bothered me for a long time in sports prompted me
    to write this note.  
    
    I'd like to have a discussion of free speech and sports.
    
    Should athletes', and others involved in professional sports', first 
    amendment rights be voided as they are now?  
    
    Marge Schott said some incredibly offensive and ignorant things, but 
    does she not have the right to be offensive and ignorant?  Who decides
    when she crosses the line?  Shouldn't she be judged by her actions
    rather than her words.  For example, if her racist attitudes mean she
    doesn't hire minorities, that is illegal and she should be dealt with
    appropriately.
    
    Athletes can't criticize officials or they get suspended and/or fined.
    Is this right?  Charles Barkley got into some trouble for voicing his 
    opinion recently to the referees.
    
    I understand that MLB was on solid legal ground in their dealing with
    Marge Schott, so I don't want this to turn into a legalistic evaluation
    of the policies, but rather whether they are consistent with what this
    country is all about.
    
    Any opinions?
    
    Pete
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93.1ACESMK::FRANCUSMets in '93Mon Feb 15 1993 11:258
    Pete,
    
    You should take it beyond just the sports arena. For example an
    employee of DEC who made such comments would in all likelihood not be
    lookedupon faavrorably.
    
    The Crazy Met
    
93.2DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 11:3727
    TCM,
    
    Had to keep it sports-related, didn't I 8^).  But, you're right.  There
    are parallels with other businesses.  It's just that sports are high-
    profile, and what's said by athletes, coaches, GMs and owners end up in
    the paper, and what a DEC employee says usually doesn't.  And, Marge
    Schott is the owner of a private business.  Private business owners in
    the US don't have to answer to anyone (as opposed to executives of 
    publicly held corporations).
    
    I've read a few columns where the question of free speech has been
    asked.
    
    When the Nazis come to town, the ACLU will support them in court.  Even
    though their views are anathma to most, I think the ACLU is right to
    support their right to express their views.
    
    When Marge Schott was getting into trouble, where was the ACLU?  
    
    Again, I don't want to get into the legalities, just the morality, for
    lack of a better word.
    
    My opinion is that even the ugliest, most hateful views should be
    allowed to be aired.  And, they should be mercilessly criticized in
    public.  
    
    Pete
93.3Speech is one of many forms of conduct, no more or less importantNAC::G_WAUGAMANMon Feb 15 1993 11:4526
    
    "Free speech" is only the tip of the iceberg.  Players are suspended
    under the presumption of guilt for using drugs or gambling.  Owners 
    and players have been suspended without due process for their personal 
    associations and dealings, without so much as a shred of evidence of 
    any criminal wrongdoing (George Steinbrenner, the Portland
    Trailblazers, etc.).  Back in the not-so-olden days before there 
    were players' unions, some baseball players were even blackballed 
    simply for signing contracts with rival leagues.  All of which in its 
    time (including right up through today) was accepted under the weight 
    of public opinion.
    
    I see nothing different or special about free speech rights.  It seems
    to me that free speech is sacred but other constitutionally-protected
    rights aren't.  If a person can't be disciplined by a league because of
    what he or she says however damaging it may be to the league, then
    they shouldn't be disciplined for whatever else might be going on in
    their private lives (inside of a criminal conviction).  Most people,
    even free-speech advocates, aren't willing to accept that standard.  I
    tend to believe that sports leagues should be able to, under reasonable 
    grounds and within some kind of impartial appeal process, discipline 
    employees based on their conduct, speech included.
    
    glenn
     
    
93.4PATE::MACNEALruck `n' rollMon Feb 15 1993 11:566
    The Constitution governs what the Government can and can't do.  It says
    nothing about what business can and can't do.
    
    Free Speech isn't as black and white as some people like to believe,
    even under the Constitution.  Try yelling "Fire" the next time you go
    to the movies.
93.5Its done every dayROULET::WHITEHAIRCaVs will win it all!Mon Feb 15 1993 11:5714
    
    Hmmmm, lets take this even one step further...how about the home....?
    Are we able to even have free speech at our own house?  Lets say your
    wife makes you this slop and you tell her so....will there be something
    held against you?  I think so.  This is normal.  The best thing to do
    is shut up and be quiet.  Keep your thoughts to yourself and you won't
    have to deal with the wrath that may come down on you.
    
    I think what was done to Marge was wrong.....however, when it comes to
    a player telling off an official in words that can't be written here...
    he should be suspended.  That is against the rules.
    
    
    	Hal
93.6JMOMSBCS::BRYDIEThe Peter Principle in actionMon Feb 15 1993 12:0830
    >> And, Marge Schott is the owner of a private business. Private 
    >> business owners in the US don't have to answer to anyone (as 
    >> opposed to executives of publicly held corporations).
    
       Private businesses are not fiefdoms immune to the laws and mores
       of the larger society. If a private businessman were to publicly
       express the same views Margie did and have the same horrendous
       minority hiring record chances are they would not go unscathed.
       Besides baseball is a *very* public business and that is pretty
       much the whole point.
    
    >> When Marge Schott was getting into trouble, where was the ACLU?  
    
       Was Marge Schott even taking a Freedom Of Speech stand? I don't think
       so. Correct me if I'm wrong, but it was her contention that she never
       said the things attributed to her and when it was proven that she did 
       she denied malicious intent. Nazis don't generally operate that way.
       I seriously doubt Marge wanted to defend her right to say "kikes", 
       "spics" and "niggers", but I could be wrong.

    >> My opinion is that even the ugliest, most hateful views should be
    >> allowed to be aired.  And, they should be mercilessly criticized in
    >> public.  
    
       Major League baseball does not and can not operate this way. You
       think they want Joe Pickynose being interviewed in the dugout after
       a game going, "Yup, 3 for 4 today and now I'm gonna go see if I can 
       do as well with the broads. Of course, if I was hung like these black
       guys I'd have no problem." Probably not.
    
93.7DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 12:1416
    Mac, the government regulates what business can and can't do regularly.
    Even if a business wanted to, it couldn't implement policies which
    legitimized age discrimination, for example.
    
    Your point is valid, but I didn't want to get into a legal rathole.
    
    Something else very bothersome about the Schott situation is that her
    fate was in the hands of people who have a vested interest in seeing
    her dealt with harshly: rival teams' owners.  
    
    Hal, I'd disagree about the ref criticizing.  I certainly don't think
    technical fouls should be appealed to the Supreme Court, but I don't
    think a player should be fined for saying the reffing was terrible
    during a post-game interview.
    
    Pete
93.8MSBCS::BRYDIEThe Peter Principle in actionMon Feb 15 1993 12:187
    
  >> Something else very bothersome about the Schott situation is that her
  >> fate was in the hands of people who have a vested interest in seeing
  >> her dealt with harshly: rival teams' owners.  
    
     The owners were handling it in lieu of a commissioner. Besides, do you
     really think any competitive edge was gained by suspending Schott?
93.9PATE::MACNEALruck `n' rollMon Feb 15 1993 12:2311
�    Mac, the government regulates what business can and can't do regularly.
    
    Yes, but few of those regulations are contained in the Constitution.    
    
�    Hal, I'd disagree about the ref criticizing.  I certainly don't think
�    technical fouls should be appealed to the Supreme Court, but I don't
�    think a player should be fined for saying the reffing was terrible
�    during a post-game interview.
    
    You don't think a sport should discipline an employee for being
    unsportsmanlike?
93.10PATE::MACNEALruck `n' rollMon Feb 15 1993 12:275
    Like I said before, even the Free Speech amendment is not as black and
    white as some people like to believe.  Free Speech is protected,
    provided it does not infringe on the rights of others.  A person who
    uses their position in society to make inappropriate remarks has enough
    power to be infringing on others' rights.
93.11CAMONE::WAYJ. Edgar -- G-man wearin' a G-stringMon Feb 15 1993 13:0725
Well, once you start talking about businesses, you're really getting into
a hazy area.

Say we have Customer A, who spends a LOT of money on our products, and
they are one of our MAJOR customers.

Now say I start exercising my free speech rights, and start telling
everyone I know that Customer A is a terrible firm, that what they do 
with the product they produce is kill and torture babies and small
furry animals.  I may be telling the truth, and exercising my right
to free speech, but how long is my company going to keep me gainfully
employeed if I speak like that.


So you see, I cannot exercise my right of free speech if it starts
damaging my company's business.


I'll bet if it went to court, my company would be perfectly justified
in firing me, because my free speech was damaging their business.


Just something to think about.....

'Saw
93.12DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 13:2627
    >>The owners were handling it in lieu of a commissioner. Besides, do you
    >>really think any competitive edge was gained by suspending Schott?
    
    Probably not, but it's still the *appearance* of a conflict of
    interest.  Should DEC, IBM, Borland and Lotus decide the outcome
    of the FTC investigation of Microsoft?  This type of situation is
    why the commissioner's office should be filled.  
    
    >>provided it does not infringe on the rights of others.  A person who
    >>uses their position in society to make inappropriate remarks has enough
    >>power to be infringing on others' rights.
    
    Mac, I guess I see these things as a foot-in-the-door for those with
    ulterior motives.  Your "inappropriate remarks" line reminds me of the
    current disturbing trend on college campuses to lump "inappropriate
    laughter", "unwanted staring", etc. in with racist remarks.  I think
    that colleges and universities have gone way too far in censoring 
    people, and I feel that once it becomes accepted in colleges, it may
    make its way to society at large, including sports (to keep it sports
    related 8^).)  
    
    I'll concede that baseball's treatment of Schott was acceptable, both 
    legally and morally.  But, I think restricting free speech has the
    potential for abuse by the legions of people out there with a view
    of what constitutes a "correct" society.
    
    Pete   
93.13wrong is wrong! ;^)CSTEAM::FARLEYMegabucks Winner WannabeeMon Feb 15 1993 13:2914
    
    Torturing small furry animals??????
    
    Killing babies????
    
    That's not right, doncha know.
    
    I think we should picket that company to let them know we don't agree
    with that kind of behavior!
    
    I remain,
    the first to speak my mind!
    Kev
    
93.15PATE::MACNEALruck `n' rollMon Feb 15 1993 13:5010
�Your "inappropriate remarks" line reminds me of the
�    current disturbing trend on college campuses to lump "inappropriate
�    laughter", "unwanted staring", etc. in with racist remarks.  I think
�    that colleges and universities have gone way too far in censoring 
�    people, 
    
    Well, I was trying to be general.
    
    What's this about a trend in college campuses.  I haven't heard about
    it.  You mean they are getting out of the 60's mentality?
93.16CAMONE::WAYJ. Edgar -- G-man wearin' a G-stringMon Feb 15 1993 14:0325
>This certainly wouldn't be free either.  You'd be hit with a libel/slander
>suit faster than you'd be fired.  

I'm not sure, but I think for something to be slanderous, it has to be
untrue.  I said about that it was TRUE.

Libel has a little more leeway -- something that unjustly damages a
person's reputation.  It could still be true, but be considered
an unjust damage.

You're probably right....8^)



>Watch channel 7 at 6 tonight.  Racism and your kids.  "Bigotry is our legacy
>to our kids."

Kind of like a billboard I saw:

		Babies are not born knowing how to hate.


'Saw
    

93.17MSBCS::BRYDIEThe Peter Principle in actionMon Feb 15 1993 14:3710
     
   >> Torturing small furry animals??????
    
   >> Killing babies????
    
   >> That's not right, doncha know.
    
      That's another thing I like about you, Kev. You're not afraid to 
      be controversial.    
    
93.18don't bite the hand that feeds youFRETZ::HEISERRomans 10:9Mon Feb 15 1993 15:016
    The ACLU:
    
    - they're against everything America stands for
    - they're not civil
    - they try to take away your liberty
    - they will destroy the union
93.19DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 15:395
    Mike, I disagree 100%.  But, if you were talking about the Eagle
    Forum, or the Moral Majority, I'd agree.  
    
    Awaiting deletion of our notes,
    Pete
93.20CUPMK::DEVLINGreen Acres is the place to be....Mon Feb 15 1993 15:4513
Pete -

Of course, Mike's ACLU stands for "American Christian League of the
Uninformed"

The only speech that is correct is White, Surburban, Conservative
Christian.  All else is wrong.  


But on the topic.  When one becomes a public figure, one sort
of throws away some rights to privacy.   


93.21DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 15:5416
    Ha, ha, JD.  Touche.
    
    Good points by many in here.
    
    Mac, you've heard of the Politically Correct movement on college
    campuses, right?  If not, it's an attempt to make and enforce policies
    that silence certain types of speech and behaviors.  And, it has run
    amok at many schools.  People are brought up on charges for among
    other things "inappropriate laughter", which includes laughing at an
    ethnic joke, and "inappropriate staring", in which looking too long
    at an attractive female is deemed the moral equivalent of sexual
    harrassment.  Common sense seems to have taken the upper hand, however,
    as some of the more extreme codes of conduct have been judged
    unconstitutional.
    
    Pete
93.22re-.1 PC?? NOT FOR ME!!!!PFSVAX::JACOBBreakinMyHeart,TearinItApartSo F UMon Feb 15 1993 15:565
    
    
    
    JaKe
    
93.23PATE::MACNEALruck `n' rollMon Feb 15 1993 15:584
�    Awaiting deletion of our notes,
    
    If you think a note will be deleted, why the hell do you post it in the
    first place?
93.24CUPMK::DEVLINHomer,Plato,Voltaire,BobKnightMon Feb 15 1993 15:599
Pete 

Good use of the word AMOK when referring to PC.   Anyone who pays
any attention to PC stuff is really just trying to raise there 
blood pressure.

Jake - you ain't PC - coulda fooled me ;-)

JD
93.25PFSVAX::JACOBBreakinMyHeart,TearinItApartSo F UMon Feb 15 1993 16:014
    PC as it refers to me=  Pornographically Correct, or sumthin like that.
    
    JaKe
    
93.26PATE::MACNEALruck `n' rollMon Feb 15 1993 16:132
    No, I haven't heard of any PC movements at college campuses out thised
    way.  Maybe it's one of those West Coast things.
93.27SALEM::DODABend over AmericaMon Feb 15 1993 16:471
Scoot on over to Wellesley and U-Mass Amhearst then....
93.28PFSVAX::JACOBBreakinMyHeart,TearinItApartSo F UMon Feb 15 1993 16:5111
    PC is an important movement( not unlike bowel movements)
    
    
    I think most college students need to get a PC to keep track of their
    school stuff.  Plus, they cain get some great games fer their PC
    nowadays.
    
    Schnortt Schitt Schlepps
    
    JaKe
    
93.29DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Mon Feb 15 1993 17:0310
    >If you think a note will be deleted, why the hell do you post it in the
    >first place?
    
    Mac, you could get in trouble for using naughty words 8^).
    
    I only posted it because it was in reaction to a deliberately
    provocative note.  I would never, never, never post a note I thought
    would be deleted unless pushed over the edge by Heinous Heiser.
    
    Pete 
93.30someone loses a freedom everytime the ACLU steps inFRETZ::HEISERRomans 10:9Mon Feb 15 1993 20:273
    Nice to see such objectivity in here.  Since when is an ACLU case a
    win-win situation?  Somebody's freedoms are damaged no matter what
    viewpoint you hold.
93.31CELTIK::JACOBG'Bye Larry, and Bye Moe and Curly, tooMon Feb 15 1993 21:318
    re-.1
    
    The same can be said for about 99 percent of what goes on throughout
    life everyday.
    
    JaKe
    
    
93.33CAMONE::WAYJ. Edgar -- G-man wearin' a G-stringTue Feb 16 1993 08:3113
|      <<< Note 93.32 by SHARE::DERRY "Head is empty & talkin' trash..." >>>
|
|> I'm not sure, but I think for something to be slanderous, it has to be
|> untrue.  I said about that it was TRUE.
|
|Yes, that's right but you said "it MAY be true."  (-:

Okay.  I forgot I said it that way.   8^)


'Saw


93.34AXIS::ROBICHAUDHOMER,PLATO,VOLTAIRE,bobknightTue Feb 16 1993 09:518
    	I believe something can be proven true yet still be slanderous.
    For example the XYZ corporation put something in baby's milk that
    makes them grow hair on their back and you say the XYZ corporation
    is <expletive deleted>.  XYZ corporation could still sue for slander
    'cuz you said they were <expletive deleted> for putting stuff in the 
    milk that caused hairy backs.
    
    				/Don
93.35-1, Got a good settlement too, I did.CTHQ::LEARYUS:WorldCop,WillPuffChestForMoneyTue Feb 16 1993 09:581
    
93.36;^)CSTEAM::FARLEYMegabucks Winner WannabeeTue Feb 16 1993 11:3210
    
    As a shareholder in Gillette, I think it's GREAT that XYZ puts stuff
    like that in their milk!
    
    Aren't furry little children a lot like rugby?
    
    I remain,
    in support of XYZ!
    Kev
    
93.37I thought PC = Polite & CourteousPATE::MACNEALruck `n&#039; rollTue Feb 16 1993 14:474
�"inappropriate staring", 
    
    I guess my grandmother was way before her time.  She always told me it
    wasn't polite to stare.  
93.38TNPUBS::MCCULLOUGHLindsey is THREE years old!!!Tue Feb 16 1993 15:3514
   
   � As a shareholder in Gillette, I think it's GREAT that XYZ puts stuff
   � like that in their milk!
    
   � Aren't furry little children a lot like rugby?
    
   � I remain,
   � in support of XYZ!
   � Kev
   

That's what I like about ol' Kev - a firm grasp of the issue at hand....

=Bob=
93.39DECWET::CROUCHNiceHaircut.YourTributeToPeteRose?Tue Feb 16 1993 16:326
    Yeah, Mac, but I'll bet granny never suggested that someone be
    charged with sexual harassment if they don't like the staring.
    
    What was her view on "inappropriate laughter"? 8^)
    
    Pete