Tuesday, April 10, 2012

Miami Marlins v. Ozzie Guillen: Athletes Speaking Out

Big news in sports today. The Miami Marlins have suspended manager Ozzie Guillen for comments he made regarding Fidel Castro. ESPN broke the story yesterday and today.

http://espn.go.com/mlb/story/_/id/7795152/ozzie-guillen-miami-marlins-suspended-five-games

It is easy to see how this story effects a lot of people. After all the Cuban-American community in Miami is quite sizable and baseball, of all things, being the great unifier. Ozzie's apology seemed heartfelt and sincere. Of course it is easy to seem heartfelt and sincere when your job is on the line. From a legal standpoint, this is the classic example of exactly why sports franchises include Standards and Morals clauses in their employment contracts. But of course, this is still the United States and we still think that people (athletes included) should be allowed to say whatever they want on any subject. The problem that sports franchises and advertisers are realizing is that athletes hold a lot of power. People are often persuaded by what athletes say (this is the exact reason why advertisers use celebrities to advertise for their product).

This is not a new phenomenon. Athletes often find themselves in hot water over comments that they make, but with the fast paced cycle of news and the advent of technology, these problems are going to become more and more common. Websites like Twitter and Facebook make it possible for anyone to post their thoughts and feelings on any subject. Pittsburg Steller's Running Back Rashard Mendenhall was recently dropped from his sponsorship agreement by Hanes Brands over comments he made on Twitter. Mendenhall is no stranger to controversy. He commonly took to Twitter to voice his opinions on subjects as various as racism and women. Hanes dismissed Mendenhall after he asserted 9/11 might have been a conspiracy and people might not be happy that Osama Bin Laden had been killed by the US if they had "heard his side of the story."(http://www.hollywoodreporter.com/thr-esq/lawsuit-defends-celebrities-rights-say-214881). Mendenhall is suing Hanes for breach of contract. Hanes has asserted that they dismissed Mendenhall for cause, since, they claim, he violated his standards and morality clause.

Incidents like this are going to become more and more common as athletes have more and more contact with the media and social networking sites. Franchises and advertisers will be looking to include more stringent standards and morality clauses that include the changing nature of technology. No one will ever assert that athletes must check their right to free speech at the draft, but they will have to be more careful about what they say. However, no matter what the athlete says there will always be someone that disagrees with what they say...just consider Tim Tebow.

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