This appears to be a story with legs. We feel it must be presented for the public good. We consider it an issue of nat---ional importance.
['Story with legs' seems to imply controversy...Dr. Turner does not 'do' controversy...ok...ok...breathing slowly and attempting to measure our response...]
The blogosphere has turned the spotlight on Dan Rather and innumerable other jackasses previously protected by tradition and ignorance. Maybe it's time the national pastime got the benefit of some smart folks not afraid to go against the grain.
My take is: Compared to Rather, MLB is fourscore times more ripe for the plucking. This should be a walk in the park. And it should be a high-profile, non-partisan, opportunity to do some good.
Side-note: Much as I hesitate to say it, such a campaign would undoubtedly make GW Bush look very, very good. Cleaning up the national sport under W's watch? It would drive his enemies berserk.
You can just picture prominent Democrats forced to stand up in support of the MLB antitrust exemption and Peter Angelos' ownership of the Nats. Stepping in it, again and again, as they have sadly done so many times since the 1980s. If the bloggers can prime the pump, I strongly believe Karl Rove eventually would be there to further the expansion.
The current arrangement whereby the owner of the Baltimore Orioles, Peter Angelos, controls the future revenues of the new Washington Nationals baseball team, seems to be bordering on criminal. Or real crooked, at least. Or of such a snaky nature that anyone with a brain who heard the details and cared about baseball in DC would immediately grab a bullhorn and head toward Camden Yards and shout from the Bal'mor rooftops that this is a rip off!.
BACKGROUND INFORMATION:
I can't say why Major League Baseball's antitrust exemption has never been challenged in a significant way. I'm no student of history. But the time has come for a challenge. Major League Baseball is in need of some sunshine.
I propose a major educational effort aimed at our esteemed governmental representatives. For talking points, let us start with this (excerpted here - please read it all):
The premeditated, broad-daylight financial mugging that the Angelos-Selig gang perpetrated against the Nationals, their fans and the nation's capital was so vicious that it cries out for Congress to revoke baseball's unique antitrust exemption, which made the mugging possible....
...Let us be clear: Forcing the Nationals to become a very, very junior partner in a regional sports network overwhelmingly controlled and operated by Angelos -- an irascible, vengeance-seeking malcontent -- seriously jeopardizes their short- and long-term ability to compete...
...The Washington television market is vastly larger and wealthier than the Baltimore market. Yet, Angelos will currently pocket 90 percent of the MASN profits. Moreover, by any reasonable standard, the $20 million rights fee that MASN will pay the Nationals in 2005 and subsequent rights-fee escalations are almost certainly far below fair-market value...
Read it all.
More information follows, beginning here:
Q: What is the antitrust exemption and how did baseball get it?
A: Any business that operates across state borders -- and therefore participates in interstate commerce -- is subject to antitrust legislation. Attempts to control trade and monopolize may be deemed illegal by federal circuit courts under the Sherman and Clayton acts.
Baseball has been exempt from these antitrust laws since 1922, when the Supreme Court ruled in its favor in Federal Baseball Club of Baltimore, Inc. v. National Baseball Clubs. The Supreme Court determined even though there was scheduling of games across state lines, those games were intrastate events since the travel from one state to another was "not the essential thing," Justice Oliver Wendell Holmes wrote in the decision.
Baltimore, a member of the Federal League that operated as a major league in 1914-15, had sued the National and American Leagues, charging the Federal League's inability to sign players was due to antitrust violations.
At the time of the 1922 ruling, the National and American Leagues were merely umbrella organizations. They arranged the schedules and set the rules, but the business was entirely local in the sense that there was no revenue sharing, no radio or television and no national sponsors or licensing deals.
By virtue of the exemption, coupled with decades of reluctance of various courts to overrule, baseball is the only sport, or business for that matter, that has an exemption to the extent that it does...
More, here:
...the antitrust exemption prevents the relocation of teams without approval by the owners, and keeps teams from being able to file antitrust lawsuits if attempting to move. The last team to relocate was the 1971 Washington Senators who moved to Arlington, Texas and became the Texas Rangers. The antitrust exemption has been tested on a number of occasions, the most recent being in 1992 when the San Francisco Giants desired a move to Tampa and in 1995 when the Houston Astros petitioned to move to Northern Virginia. While this antitrust exemption has prevented small market cities from losing their teams and kept franchise location stable throughout Major League Baseball, it also, in essence, traps teams to their locales and prevents economic growth for some struggling small market organizations.
Even more, here:
Baseball's antitrust exemption is an anomaly. In Federal Baseball Club of Baltimore v. National League of Baseball Clubs, the Supreme Court decided that baseball was not subject to the antitrust laws because professional baseball games were purely local exhibitions, not interstate commerce, and thus were not subject to federal regulation. The decision made little sense in 1922, when it was rendered, and it is absurd on its face as applied to the multi-billion dollar business that baseball has become. The Supreme Court has recognized that the decision is an anomaly, but has stated that it is now such a long-standing anomaly that it's up to Congress, not the courts, to correct it. And Congress certainly should do so.
On another level, though, Sen. Specter's letter shows a shameful lack of knowledge about the business of professional sports. Major League Baseball has an antitrust exemption. Professional football does not, and hasn't since the Supreme Court's 1957 decision in Radovich v. National Football League. Nor do the other professional sports leagues. That the NFL and NBA have proved so successful shows that baseball's antitrust exemption is not only unsound legally, it's also unnecessary.
This Major League Baseball antritrust situation is screwy and untenable. The upshot of this dirty little secret is on full display near the Naval Yard in DC, many nights each month, a short jog from the nation's capital.