Sunday, June 23, 2013

Is It Really Time to Eliminate the Hall of Fame Morals Requirement?


When the subject of moral standards comes up in connection with the Baseball Hall of Fame, does your mind wander to a Rogues Gallery unfairly enshrined with Christy Mathewson and Lou Gehrig?

Do you think it’s hypocritical to bar the door to Barry Bonds and Roger Clemens after Ty Cobb and Cap Anson have walked through?

 If so, do you want to see the morals requirement for enshrinement eliminated?

Would there be unintended consequences to scrapping the morals requirement?
 

Hall of Fame Voting Rule No.5:

“Voting shall be based upon the player's record, playing ability,
integrity, sportsmanship, character, and contributions
to the team(s) on which the player played.”

The 2013 Baseball Hall of Fame ballot included the names of two players – Barry Bonds and Roger Clemens – who, statistically, stand shoulder to shoulder with the most legendary figures of all time. But on January 9, 2013, for only the second time in 42 years, no candidate obtained the required 75% of the votes of the Baseball Writers Association of America (BBWAA).  This came as little surprise.  Both have been connected to the performance enhancing drugs scandal.

The day the news broke, Robert W. Cohen, author of the 2009 book “Baseball Hall of Fame — or Hall of Shame?” told the New York Times: “Baseball has always had some form of hypocrisy when it comes to its exalted heroes,” he said. “In theory, when it comes to these kinds of votes, it’s true that character should matter, but once you’ve already let in Ty Cobb, how can you exclude anyone else?”

Commentators have noted over and over that Cobb was far from the only racist to be inducted, that Cap Anson was the single most responsible person for the establishment of baseball’s notorious color line, and that Tris Speaker and Enos Slaughter were both ruputedly members of the Ku Klux Klan.  They have noted that Orlando Cepeda was charged with drug dealing and Paul Molitor admitted to drug use. Scanning the Hall of Less-Than-Perfects, critics have even cited Rogers Hornsby as disqualified under Rule 5 because he was an inveterate gambler.

But life is not always fair. Have you ever been a juror in a criminal case? Or worse yet, the defendant?  As a criminal lawyer, in 40 years I’ve never raised the defense that others got away with the same thing.   

We live in times of ethical challenge, moral upheaval and social change.  Would it really make you feel good about striking the words “integrity, sportsmanship and character” from Rule No.5?

In 2011, Hall of Fame president Jeff Idelson sought to clarify rule No. 5: “Baseball has historically been held to a very high standard, right or wrong. There’s a certain integrity required when it comes to baseball’s highest honor, which is being inducted into the Hall of Fame. The character clause exists as it relates to the game on the field. The character clause isn’t there to evaluate and judge players socially. It’s there to relate to the game on the field. … The voters should have the freedom to measure that however they see fit.”

Bill James, author of the 1995 book “Whatever Happened to the Hall of Fame?,” echoed Idelson’s point of view:  “[T]here’s a real distinction between a player who does inappropriate things not related to his job and a player who does inappropriate things that affect his job....Being inducted is an honor, not a paycheck you are entitled to. No one is entitled to be elected. The voters choose who to honor.”

It has been pointed out that the Baseball Hall of Fame is the only one with a morals requirement. But no one familiar with the differences between baseball’s Valhalla and the copycat versions would see this fact as a convincing reason to delete the requirement. Further, at least to present date, baseball has been more scandal-ridden than the other major professional sports.

Yes, morality, like beauty, is in the eye of the beholder.  Yes, there will always be controversy as to what it means to be “bad.”  But I’d much rather hear what you have to say about what’s bad and what’s not, than have you stop caring.

You say, “A whole generation of players was using steroids,” or “He was a sure-fire Hall of Famer without them anyway,” or “There are lots of other shady characters already in”?  A little street-wise cynicism has its place, it won’t rule the day on this subject. If Bud Selig agrees with you, he’s sure not saying. Too many people take this stuff far too seriously.

Idelson’s interpretation of Rule 5 reflects the consensus of the game’s power structure. And this is the generally-accepted interpretation of the BBWAA, who have rejected bad character affecting the game on the field (Shoeless Joe Jackson, Pete Rose and the steroids guys) but forgiven the frailties of the human condition (Wade Boggs, Robbie Alomar and the like) off the field.  The cynics are right in this respect: A strict construction of the rule might keep pretty much everyone out. But what we have, in fact, is a middle-of-the-road  interpretation of Rule 5. It’s controversial, but, notwithstanding the sparse crowds predicted for the July 26-29 Hall of Fame induction ceremonies, it’s working.       

Furthermore, are you absolutely certain there couldn’t come a day where even you would agree that a player was qualified based on performance, but unqualified based on the tactics he used?  

And besides, do you really want to stop the controversy? What fun would that be?


 

 

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