Hugh Hansen's
One Thing After Another Blog

IP, Con Law and Other Things

Friday, August 23, 2013




It will be interesting to see the reactions to a 60 Minutes report alleging that A-Rod leaked information about drug-taking by the Brewers’ Ryan Braun and the Yankees’ Francisco Cervelli. A-Rod has denied the allegation but, assuming that it’s true, how are people likely to react? And how should they react? 

Well, it used to be considered wrong to “squeal” on a member of one’s group. Think of the Blue Wall of Silence among the police, the omerta of the Mafia, and every teenager’s knowledge that it is wrong to be a “snitch.”  Undoubtedly, people in many other sectors would agree, including baseball players.  John Harper of the Daily News reports that “the view from inside the clubhouse is that doing PEDs doesn’t compare to ratting out other players, particularly a teammate.”   

This “Honor Code” is not new.  It has been passed down for generations.  I can see loose-lipped cavemen being clubbed to death for inappropriate grunting and pointing.  In fact, a forthcoming study by a noted neuroscientist at Rockefeller University suggests that “honor among thieves” -- which would prevent ratting out one another – is actually hard-wired into our brains.

Hard-wired or not, what does this Code accomplish?  At one level, it supports solidarity and openness among people in the group, and ostensibly this is beneficial.   But it also underlies a combative “us against them” mentality that is not so beneficial.  Moreover, it allows colleagues to get away with punishable, if not criminal behavior and avoid public exposure.  Thus even if it is a “benefit” to a select group, it could be positively harmful to a large number of people outside the group. From a utilitarian perspective at least, one might conclude that the Code should not exist.  

Moreover and perversely, the Code makes the “whistle blower” into the bad guy, while the perpetrator of indisputably bad acts becomes the aggrieved, good guy.   For instance, let’s take an iconic example.  Without touching at all on the religious aspects and significance of the biblical story of Adam and Eve or on the perceived misdeeds, what if Adam had sought out a meeting and “ratted out” Eve?  Would that fact alone have changed the historical perception of Eve, and for that matter, Adam?  

So, looking at the overall picture anew today, is this code of silence something people should publicly embrace or argue against? In fact, have there been any public statements against it?  Maybe, if it is hard-wired, we should accept it.  

There still remain many questions, however.  Would one want to see the Code adopted by a brother or sister, one’s children, friends?  Is there a gender difference on how the Code is perceived?  Would a mother give the same advice to her children as the father would?  Would parents give the same advice to sons and daughters?   Does income matter?  What about ethnic origin?  Is this something about which many of us remain conflicted?  Or, if there is conflict, is it because some of us are for it and some against? 

And how does A-Rod fit into all of this?

·         Some criticize his self-interested motive.  But isn’t self-interest a motive for many, if not most leakers?   Isn’t there almost always personal aggrandizement for the leaker and/or the reporter, and consequent better ratings or sales for a media outlet?  Are those morally better motives than whatever A-Rod’s motive may have been?

·         What if A-Rod leak’s leak informed the MLB for the first time that these two players used PEDs?  This type of disclosure has been an accepted reason to reduce prison sentences and players’ suspensions.  Perhaps telling the public something that the MLB already knew, and thereby causing personal reputational harm is less worthy. But don’t most people applaud whistle blowers who tell the public what the organization already knew, and that often causes serious harm to the people involved and their families?

·        The New York Times and some NGOs have applauded transparency.  Should they issue statements in support of A-Rod?

·         Would or should people be more upset with A-Rod’s revelations about his Yankee teammate than about a member of the Brewers?  Is the Code more tribal than universal?

How many people came to a quick and easy decision on how to view A-Rod’s alleged leak?   If we change the name of the leaker to the Washington Post, would people react differently or similarly?  

Many questions to think about.  Maybe too many. 

One thing is fairly certain, however.  Life is easier when things are black and white, and when we find it easy to quickly identify the good guys and the bad guys.  Of course, easier may not be better.       


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