Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.”     George Washington

February 1, 2008

No Senator, How The NFL Runs Itself Is Not The Business Of Congress

by Doug Mataconis

A top Republican Senator is demanding an inquiry into why the National Football League destroyed tapes related to the New England Patriots’ spying scandal:

The ranking Republican on the Senate Judiciary Committee wants N.F.L. Commissioner Roger Goodell to explain why the league destroyed evidence related to spying by the New England Patriots.

In the stretch of 12 days, from Sept. 9 to Sept. 20, the Patriots were caught filming the Jets’ defensive signals in violation of N.F.L. rules, ordered to hand over all tapes of illegal filming to the league office, fined $750,000 and made to forfeit a first-round draft pick.

Then the N.F.L. announced it had destroyed the evidence.

In a telephone interview Thursday morning, Senator Arlen Specter, Republican of Pennsylvania and ranking member of the committee, said that Goodell would eventually be called before the committee to address two issues: the league’s antitrust exemption in relation to its television contract and the destruction of the tapes that revealed spying by the Patriots.

“That requires an explanation,” Specter said. “The N.F.L. has a very preferred status in our country with their antitrust exemption. The American people are entitled to be sure about the integrity of the game. It’s analogous to the C.I.A. destruction of tapes. Or any time you have records destroyed.”

Except for the fact that neither the New England Patriots, the New York Jets, nor the National Football League are a branch of the Federal Government. If the NFL choose to destroy the tapes after investigating the matter, that’s their choice. It may be a bad one, and one can make the argument that their punishment of the Patriots was far too lenient, but there’s nothing in the Constitution that gives the Congress the authority to get involved in this.

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11 Comments

  1. Actually, the NFL’s destruction of the tapes made sense once Peter King explained it on “Inside the NFL”. The NFL had no evidence that the Patriots were doing anything more than what the tapes showed, so they pretty much had to take Belichick’s word that he’d turned over all materials. By destroying all copies of the tapes they now know that if any other sideline tapes show up either Belichick was withholding information or he’s continuing to copy and they can come down with much harsher penalties. I thought it was a smart move, although the NFL did a terrible job of explaining it.

    The N.F.L. has a very preferred status in our country with their antitrust exemption. The American people are entitled to be sure about the integrity of the game. It’s analogous to the C.I.A. destruction of tapes. Or any time you have records destroyed

    This is the part that really pissed me off, though. A Republican senator is on record as saying that a tape of borderline cheating in a sporting event is analogous to a Republican president having detainees tortured in violation of their civil rights and destroying the evidence so his administration can’t be prosecuted for war crimes. Really Senator? You think that affecting a point spread is morally equivalent to the most powerful elected official in the land deciding that he can do whatever the hell he wants? Especially since oversight of the President is your fucking job according to the Constitution and oversight of a sports league is not? No wonder the GOP is so fucked up. Retire, you old piece of shit and go to wherever it is senile useless hacks go while they wait to die. In fact, here are a few suggestions for you:

    http://www.polosbastards.com/artman/publish/top_ten_2005.shtml

    Comment by UCrawford — February 1, 2008 @ 12:12 pm
  2. U.C.,

    To be fair to the other Republican Senators, Arlen Specter has been an idiot for decades.

    Comment by Doug Mataconis — February 1, 2008 @ 12:13 pm
  3. Doug,

    I have no interest in being fair to the other Republican senators. They’ve contributed greatly to the sad state of affairs our President has put us into so fuck ‘em. As far as I’m concerned Arlen Specter is their poster child.

    Heck, it’s gotten to the point that in my own state where I don’t even care who runs against Sam Brownback (our own Republican authoritarian Jesus freak in the Senate) in the 2010 election. Democrat, socialist, cadaver, Fred Phelps…I’m voting for whoever’s got the best chance of taking the sonofabitch out of office.

    Comment by UCrawford — February 1, 2008 @ 12:25 pm
  4. U.C.,

    I don’t disagree, I just meant to say that Specter has a history of stupid stuff like this so in some sense I’m not entirely surprised.

    Comment by Doug Mataconis — February 1, 2008 @ 12:29 pm
  5. “The N.F.L. has a very preferred status in our country with their antitrust exemption.”

    You have to address whether antitrust laws are constitutional before you can declare the Feds don’t have an interest in how the NFL is run.

    Comment by Dale — February 1, 2008 @ 12:36 pm
  6. Dale,

    No I don’t. How does the antitrust exemption give Congress the right to regulate the internal workings of the NFL ?

    Comment by Doug Mataconis — February 1, 2008 @ 12:38 pm
  7. Actually, the NFL does not have an anti-trust exemption. I remember in my old business law class whem I was corrected when I said sports leagues. Only Major League Baseball has an exemption; the other leagues just haven’t been targeted. (By the way, I am not a lawyer, just repeating what I was taught in my undergraduate business program so if I was taught the wrong information, please don’t hesitate to correct me.)

    Comment by trumpetbob15 — February 1, 2008 @ 12:42 pm
  8. Actually, the NFL does not have an anti-trust exemption. I remember in my old business law class whem I was corrected when I said sports leagues. Only Major League Baseball has an exemption; the other leagues just haven’t been targeted.

    That’s my understanding too, but what are facts to Senator Specter ?

    Comment by Doug Mataconis — February 1, 2008 @ 12:44 pm
  9. Trumpetbob,

    A quick Google search lead me to some information that indicates that the NFL has an antitrust exemption solely to allow it to negotiate it’s media contracts as a collective entities rather than having to have each of the 32 teams negotiate deals individually.

    If something like that requires an anti-trust exemption it just proves to me how assinine the antitrust laws really are.

    Comment by Doug Mataconis — February 1, 2008 @ 12:47 pm
  10. >If something like that requires an anti-trust exemption it just proves to me how assinine the antitrust laws really are.

    Every single corporation that provides a product coming together to negotiate price as one sounds EXACTLY like what anti-trust laws are meant to prevent against. And the NFL does media contract scenario sounds exactly like that.

    You feel strongly that they should not be subject to that legislation, and because this is a unique case that fits into the anti-trust mold, they get an exemption.

    Comment by asdf — February 1, 2008 @ 5:19 pm
  11. Actually how the NFL works IS the business of Congress becuase the NFL has been given a gift from the government – a special exemption from monopoly rules.
    this allows the NFL to have an otherwise illegal monopoly in football int he USA.

    since they get this special privilege from the government and do most of their exhibitions in government funded stadiums – what they do and how they do it is DEFINITELY government’s (and thus our) business.

    http://www.vivzizi.com

    Comment by geo — February 1, 2008 @ 6:59 pm

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