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Friday, September 14, 2007
Professor Alfred Yen on the NFL's Punishment of the Patriots and Bill Belichick Professor Alfred Yen of Boston College Law School, a nationally recognized expert on sports law and copyright law, has authored a thoughtful and engaging reaction on Madisonian.net to the NFL's punishment of the New England Patriots for having a video assistant tape the Jets coaches and players on the sidelines. The NFL has fined Bill Belichick $500,000 and the Patriots $250,000 and also confiscated the team's 2008 first round pick (assuming they make the playoffs; in the improbable event that they do not, the Pats will instead relinquish their second and third round picks--but note that their possession of San Francisco's 2008 first round pick, which was obtained in a draft day deal last April, is unaffected by this ruling). Here is Professor Yen's reaction:Now people will begin debating the appropriateness of the penalties paid by Belichick and the Patriots. One argument will be that deciphering signs is part of sports and perfectly legal, so Belichick’s objective was not a terrible thing. And, if deciphering signs is ok, why make such a big deal of using a video camera to accomplish it? I agree with Professor Yen that what makes the Patriots behavior particularly reprehensible is not the underlying action (covert videotaping), since many other teams apparently do the same thing and it's unclear to what extent the videotapes are beneficial to the culprits; what makes it reprehensible is to disregard league warnings, perhaps repeated warnings, to stop doing it. That's why this issue really isn't about the Patriots "cheating," but rather about them being arrogant/disrespectful toward the league. Still, I agree with Geoff Rapp's excellent post and subsequent comments, and particularly his wonderment as to why the videotaping rule never made its way into the official rulebook, but instead into the (arguably) less authoritative "Game Operations Manual," which also regulates such momentous events as how many towels and soft drinks to provide visiting teams. 7 Comments:
It's not true that the game operations manual is less authoritative than the NFL rulebook. The rulebook covers the game as it is played on the field. The game operations manual covers off-the-field issues. The chief difference is that field officials enforce the rules contained in the rulebook, while officials in the NFL's front office enforce the rules in the game operations manual.
I have to disagree with that previous post. The game operations manual IS less authoritative than the NFL rulebook because it concerns trivial in-game issues like the number of footballs the home team must provide, the number of towels and gatorade coolers they have to provide for the visiting team, and other miniscule matters of the like. The NFL rulebook is interpretted exactly for what it is, a rulebook. It's the same premise as the Federal Rules of Civil Procedure are used to guide civil lawsuits in the federal court system. Yet the NFL apparently does not see it that way. Nevertheless, that is the way it should be and I can't imagine many courts interpretting it the same way that the league does. Most judges or arbitrators would probably see the rulebook as analogous to a statute body or something similar to the Federal Rules of Evidence, Civil Procedure, Appellate Procedure, etc. I simply think that the amount of deference being given to this "game operations manual" is way too strong and makes the actual NFL rulebook seem somewhat trite and meaningless.
I think the difference between the two is more like the difference between a city's traffic code and a city's building code.
I am puzzled by the comment that the Operations Manual is less authoritative. The issue of whether one is more "authoritative" than the other only arises if one conflicts with the other.
I'll have to agree with Mr. Biggs here on the rulebook vs manual issue. I do however think Belichick got off fairly easily. Compared to Wade Wilson's suspension for 5 games for HGH and roids, he got a pretty fair punishment (we all know he won't have to pay the fine). He could be watching the next couple of games from his couch. Also, Belichick gave us a rather Giambi or McGwire type apology where he didn't truly apologize for "cheating," but just stated that a rule was misinterpreted. He knew what was going on was cheating, especially with the memo sent out to all teams. I think Goodell just had to draw the line here, but he could have gone further with a suspension in my opinion (especially since it wasn't the first time NE had done this). Hopefully for NE, this incident won't be a stigma on them.
Jason, what makes you think Belichick won't have to pay that fine? My understanding is that the team is not allowed to pay the fine for him, and there's no appeals process that I'm aware of that might reverse the penalty.
Because just about anytime anyone gets fined there's someone with a pocketbook ready to pay off the fine. I'm sure someone will take care of Belichick. It may not be the team per se, but I would predict that someone will fork up the money.
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