Baseball - Ain't it a wonderful game!
cloiser_trish, huzzlewhat, and serenography: I'm rooting for your team. GO CUBS! All is not yet lost...Lou Piniella's led teams through their backs against the wall before and he can do it again. *has hope*
U.S. Supreme Court meme gakked from jij, norwich36, svgurl, anthraciteowl, and geministar01:
You guys are all awesome and posted about historically relevant and interesting decisions. Alas, the first decision that came to my mind was about baseball and labor...
As evidenced by Katie Couric, Sarah Palin is unable to name any Supreme Court case other than Roe v. Wade.
The Rules: Post info about ONE Supreme Court decision, modern or historic to your lj. (Any decision, as long as it's not Roe v. Wade.) For those who see this on your f-list, please feel free to take the meme to your OWN lj to spread the fun!
Go forth, and edumacate!
Flood v. Kuhn, 407 U.S. 258 (1972)
From 1956 to 1969 Curt Flood played center field for the St. Louis Cardinals. In those fourteen years, he won seven Gold Gloves (including in 1969), played in three All-Star Games, and captained his team to three World Series. In the winter of 1969, his contract was traded to the Philadelphia Phillies. Flood had experienced racism visiting Philadelphia and did not want to move his family there; he requested permission from Baseball Commissioner Bowie Kuhn to offer his services to other clubs:
Mr. Bowie K. Kuhn
Commissioner of Baseball
680 Fifth Avenue
New York, New York 10019
After twelve years in the Major Leagues, I do not feel I am a piece of property to be bought and sold irrespective of my wishes. I believe that any system which produces that result violates my basic rights as a citizen and is inconsistent with the laws of the United States and of the sovereign States.
It is my desire to play baseball in 1970, and I am capable of playing. I have received a contract offer from the Philadelphia Club, but I believe I have the right to consider offers from other clubs before making any decisions. I, therefore, request that you make known to all Major League Clubs my feelings in this matter, and advise them of my availability for the 1970 season.
Sincerely Yours, Curt Flood.
Commissioner Kuhn denied his request as it violated baseball's "reserve clause" - a clause in each player's contract reserving his services for each subsequent year - essentially a contract in perpetuity "for the good of the game". According to baseball's reserve clause, if Flood did not play for the Phillies in 1970, he would not play anywhere. Flood sued Kuhn and Major League Baseball in January for allegedly violating federal anti-trust laws. He was represented by former Supreme Court Justice Arthur Goldberg.
In a six-two decision, the court ruled in favor of Major League Baseball citing a previous Court decision in 1922 that ruled baseball is not interstate commerce and is therefore exempt from anti-trust laws. Although, the majority decision stated, ""it seems appropriate now to say that: Professional baseball is a business and engaged in interstate commerce", the onus was put on Congress to remedy the courts 1922 decision. Justices Douglas and Marshall were the dissenting votes.
The equities are with the victims of the reserve clause. I use the word "victims" in the Sherman Act sense, since a contract which forbids anyone to practice his calling is commonly called an unreasonable restraint of trade...The unbroken silence of Congress should not prevent us from correcting our own mistakes. - William O. Douglas
Whatever muscle they might have been able to muster by combining forces with other athletes has been greatly impaired by the manner in which this Court has isolated them. It is this Court that has made them impotent, and this Court should correct its error. - Thurgood Marshall
In the meantime, Curt Flood interrupted an exceptional career and sat out the 1970 season. He returned to the game in 1971 for Ted William's Washington Senators, only to hit a measly .200 while playing thirteen games before retiring.
Meanwhile, the Major League Baseball Players Association effectively defeated the "reserve clause" in private arbitration in 1975. The union cited Curt Flood's example as a primary impetus for seeking arbitration. Finally, a year after Flood's death, Congress removed baseball's anti-trust exemption with regards to employment.
Despite the excellence of his play and his impact on the business of professional sports, Curt Flood is still not in the Baseball Hall of Fame.
Discussion of his legacy on PBS NewsHour following Curt Flood's death in 1997.
U.S. Supreme Court meme gakked from jij, norwich36, svgurl, anthraciteowl, and geministar01:
You guys are all awesome and posted about historically relevant and interesting decisions. Alas, the first decision that came to my mind was about baseball and labor...
As evidenced by Katie Couric, Sarah Palin is unable to name any Supreme Court case other than Roe v. Wade.
The Rules: Post info about ONE Supreme Court decision, modern or historic to your lj. (Any decision, as long as it's not Roe v. Wade.) For those who see this on your f-list, please feel free to take the meme to your OWN lj to spread the fun!
Go forth, and edumacate!
Flood v. Kuhn, 407 U.S. 258 (1972)
From 1956 to 1969 Curt Flood played center field for the St. Louis Cardinals. In those fourteen years, he won seven Gold Gloves (including in 1969), played in three All-Star Games, and captained his team to three World Series. In the winter of 1969, his contract was traded to the Philadelphia Phillies. Flood had experienced racism visiting Philadelphia and did not want to move his family there; he requested permission from Baseball Commissioner Bowie Kuhn to offer his services to other clubs:
Mr. Bowie K. Kuhn
Commissioner of Baseball
680 Fifth Avenue
New York, New York 10019
After twelve years in the Major Leagues, I do not feel I am a piece of property to be bought and sold irrespective of my wishes. I believe that any system which produces that result violates my basic rights as a citizen and is inconsistent with the laws of the United States and of the sovereign States.
It is my desire to play baseball in 1970, and I am capable of playing. I have received a contract offer from the Philadelphia Club, but I believe I have the right to consider offers from other clubs before making any decisions. I, therefore, request that you make known to all Major League Clubs my feelings in this matter, and advise them of my availability for the 1970 season.
Sincerely Yours, Curt Flood.
Commissioner Kuhn denied his request as it violated baseball's "reserve clause" - a clause in each player's contract reserving his services for each subsequent year - essentially a contract in perpetuity "for the good of the game". According to baseball's reserve clause, if Flood did not play for the Phillies in 1970, he would not play anywhere. Flood sued Kuhn and Major League Baseball in January for allegedly violating federal anti-trust laws. He was represented by former Supreme Court Justice Arthur Goldberg.
In a six-two decision, the court ruled in favor of Major League Baseball citing a previous Court decision in 1922 that ruled baseball is not interstate commerce and is therefore exempt from anti-trust laws. Although, the majority decision stated, ""it seems appropriate now to say that: Professional baseball is a business and engaged in interstate commerce", the onus was put on Congress to remedy the courts 1922 decision. Justices Douglas and Marshall were the dissenting votes.
The equities are with the victims of the reserve clause. I use the word "victims" in the Sherman Act sense, since a contract which forbids anyone to practice his calling is commonly called an unreasonable restraint of trade...The unbroken silence of Congress should not prevent us from correcting our own mistakes. - William O. Douglas
Whatever muscle they might have been able to muster by combining forces with other athletes has been greatly impaired by the manner in which this Court has isolated them. It is this Court that has made them impotent, and this Court should correct its error. - Thurgood Marshall
In the meantime, Curt Flood interrupted an exceptional career and sat out the 1970 season. He returned to the game in 1971 for Ted William's Washington Senators, only to hit a measly .200 while playing thirteen games before retiring.
Meanwhile, the Major League Baseball Players Association effectively defeated the "reserve clause" in private arbitration in 1975. The union cited Curt Flood's example as a primary impetus for seeking arbitration. Finally, a year after Flood's death, Congress removed baseball's anti-trust exemption with regards to employment.
Despite the excellence of his play and his impact on the business of professional sports, Curt Flood is still not in the Baseball Hall of Fame.
Discussion of his legacy on PBS NewsHour following Curt Flood's death in 1997.