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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.

Red Sox analyst Remy struck by monitor as wind causes havoc

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BOSTON — Red Sox TV analyst Jerry Remy was hit in the head by a falling TV monitor as swirling winds caused havoc during the first inning at Fenway Park.

Remy was sent home from Boston’s game Saturday night against the Minnesota Twins but is expected back Sunday. Former player Steve Lyons, also an analyst during some games, came in for Remy.

The strong winds made for an interesting first.

Minnesota’s Robbie Grossman hit a fly that appeared headed for center, but a gust blew it to right, sending right fielder Michael Martinez twisting as the ball fell for a triple.

There were a handful of stoppages as dirt and litter swirled around the field. Batters stepped out to wipe their eyes and Red Sox first baseman Hanley Ramirez headed to the dugout to have a trainer help him clear his left eye.

White Sox ace Chris Sale scratched for ‘clubhouse incident’

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CHICAGO — Chicago White Sox ace Chris Sale was scratched from his start against the Detroit Tigers on Saturday night after he was involved in what the team said was a “non-physical clubhouse incident.”

Sale, who was to attempt to become the majors’ first 15-game winner, was sent home from the park.

“The incident, which was non-physical in nature, currently is under further investigation by the club,” general manager Rick Hahn said in a statement. “The White Sox will have no additional comment until the investigation is completed.”

The White Sox clubhouse was open to reporters for only 20 minutes before it was closed for a team meeting before the game. Manager Robin Ventura did not discuss the incident later in his pregame availability.

Right-hander Matt Albers started in Sale’s place and the White Sox planned to use multiple relievers. The crowd booed when Albers was announced as the starter as the teams warmed up.

Sale had been shown as the starter on the scoreboard until about 15 minutes before the scheduled first pitch, which was delayed 10 minutes by rain.

With the White Sox fading from playoff contention, Sale’s name has been mentioned as a possible trade target for contending teams.

The left-hander, 14-3 with a 3.18 ERA, has been outspoken in the past.

Sale was openly critical of team president Ken Williams during spring training when he said the son of teammate Adam LaRoche would no longer be allowed in the clubhouse. LaRoche retired as a result, and Sale hung LaRoche’s jersey in his locker.

The 27-year-old Sale has said he’d like to stay in Chicago. He was the 13th overall pick out of Florida Gulf Coast in 2010 and has been selected as an All-Star five times. He started for the American League in this month’s All-Star Game.

Sale, who is 71-43 in his career, entered the day leading the majors with 133 innings pitched and three complete games.

In his last outing Monday, Sale allowed one hit over eight shutout innings before closer David Robertson gave up four runs in the ninth in Chicago’s loss to Seattle.

The White Sox, who started 23-10, had dropped eight of nine games before Saturday and sat in fourth place in the AL Central, creating speculation that Sale and fellow lefty Jose Quintana could be dealt.

Hahn said Thursday the White Sox were “mired in mediocrity” and hinted at possible big roster changes.

Tigers GM Al Avila said before the game that many teams were looking for starting pitching.

“Yet there are not as many good starting pitchers available,” Avila said. “And the guys that may come available are going to come at a steep price.