Was it unethical for the New York Times to report the leaked PED-users’ names?

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It’s always fun to rip on The Blogger Murray Chass when he writes something ill-advised, bitter and ridiculous.  But sometimes he writes something bitter and thought-provoking (sorry: bitter is just part of the deal with him these days).

For example, over the weekend he noted how neither the New York Times nor the New York Daily News (UPDATE: Seen note below re: the Daily News) were quick to report the decision by the Justice Department to not appeal the court’s ruling that the PED-tests of the famous 104 were illegally seized.  While such editorial oversights are often innocuous, I agree with Chass that given how zealous both the Times and their PED-reporter Michael S. Schmidt and the Daily News with their Steroids “I-Team” have been in reporting even the tiniest PED-related story over the years, the fact that they were so slow to report what was truly big news in this regard was more than a little curious.  Almost everything those two outlets have written on PEDs over the past few years has been premised in some way on the list of anonymous PED tests from 2004. You tellin’ me that a final decision that the lists were illegal to begin with isn’t newsworthy? C’mon.

What interested me most, though, was that in the course of making that argument, Chass says this about Schmidt:

Michael S. Schmidt, the Times’ steroids specialist best known for inducing lawyers to violate a court seal and name protected names, did not respond to e-mail requests for comment, but Jay Schreiber, the Times’ baseball editor, did. Schmidt’s efforts incidentally in outing three players looks even worse now that the list of names can never be revealed. If there had been any good reason for the publication of those names or any names I might feel differently, but it served no purpose other than to serve some readers’ prurient interest and perhaps the reporter’s ego.

At the outset, let’s keep in mind that Chass has ripped every single New York Times baseball reporter repeatedly over the past few years because he himself was forced out of the New York Times and he just can’t stand it, thereby fueling his bile. But is Chass wrong to rip Schmidt for being the guy to report the names leaked as a result of the illegal search?

I wouldn’t rip Schmidt personally for it like Chass does but I think he and the Times made the wrong decision to name the names.

This is obviously a stance many would not agree with. Free press and free speech and all, both concepts of which I am a near-fanatical supporter.  Unlike some, I don’t think the Wikileaks guy should be assassinated. I believe that Nazis should be able to march in Skokie, Illinois.  I think the rule against yelling fire in a crowded movie house is a pretty good one, but I am skeptical of most other limits on information’s desire to be free.

But I was and continue to be troubled by the fact that the information in question here was taken in violation of the Fourth Amendment. And that the person leaking this information to Schmidt did so in violation of multiple court orders. And that, assuming the person is a lawyer, which I do assume, they did so in violation of their responsibilities as a member of the bar and officer of the court as well. Heck, because I happen to be a licensed attorney, I don’t believe I’d be acting ethically if someone gave me the names from that list and I reported on them.  Depending on the circumstances, I may very well be ethically-obligated to report the leaker to the bar.

Schmidt and most other reporters are not so limited. I realize that I’m probably in a very tiny minority on this issue, but I do think that reporting on those names is a less-than-clear-cut case from an ethical perspective, and I was and continue to be troubled by the New York Times’ reporting of the names.

UPDATE:  It has been brought to my attention that the Daily News did, in fact, report the government’s decision not to appeal the court’s ruling on December 12th.  Chass missed this and I committed an unforgivable journalistic sin in relying on Chass’ information. I mean, really, of all the people in the world to trust, why would I trust some lowly blogger?  So, apologies to the Daily News, who did get on this story earlier than Chass or I said they did.

Kris Bryant exits game with sprained right ankle

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The Cubs had a scare on Wednesday night when third baseman Kris Bryant left with an apparent ankle injury. In the bottom of the fifth inning, Nationals catcher Matt Wieters hit a pop up that veered just into foul territory near the third base bag. Bryant caught it but his momentum took him back into fair territory. In doing so, he stepped awkwardly on the third base bag and appeared to twist his ankle. Bryant needed the assistance of manager Joe Maddon and the team trainer to get off the field.

Bryant was diagnosed with a mild ankle sprain, CSN Chicago’s Patrick Mooney reports.

Bryant was 2-for-3 on the night before departing and being replaced by Jeimer Candelario. He’s now hitting .264/.395/.520 with 16 home runs and 32 RBI in 329 plate appearances. Needless to say, the 39-39 Cubs would see their playoff odds hurt immensely if Bryant were to miss a significant amount of time.

Miguel Sano will participate in the 2017 Home Run Derby

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Hector Gomez reports Twins third baseman Miguel Sano will participate in the 2017 Home Run Derby, to be held in two weeks at Marlins Park in Miami. So far, Marlins outfielder Giancarlo Stanton is the only other confirmed participant.

Sano, 24, is having an outstanding season, batting .274/.375/.548 with 18 home runs and 53 RBI in 293 plate appearances. According to MLB’s Statcast, only Yankees outfielder Aaron Judge (96.7 MPH) has a higher average exit velocity than Sano (96.4 MPH).

Brian Dozier was the last member of the Twins to participate in the Home Run Derby. In 2014 at Target Field, Dozier failed to make it into the second round after hitting only two home runs. Justin Morneau is the only Twin to have ever won the Home Run Derby, as he beat Josh Hamilton 5-3 in the finals of the 2008 Derby at Yankee Stadium — although Hamilton out-homered him in total 35 to 22.