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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.

Yordano Ventura represented the best and worst of baseball’s culture

BOSTON, MA - AUGUST 28:  Yordano Ventura #30 of the Kansas City Royals delivers in the first inning during a game against the Boston Red Sox on August 28, 2016 at Fenway Park in Boston, Massachusetts.  (Photo by Adam Glanzman/Getty Images)
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It was reported this morning that Royals pitcher Yordano Ventura was killed in a car accident in the Dominican Republic. Former prospect Andy Marte was also killed in a separate car accident. Along with Jose Fernandez and Oscar Taveras, the baseball world has lost a lot of young, exciting talent in a very short amount of time.

Ventura was, like all of us, a complex human being. At his best, he was an exciting, talented, emotive pitcher who featured an electric fastball which sat in the mid-90’s and occasionally touched 100 MPH. At his worst, he was an immature, impressionable kid trying to fit in by exacting revenge against batters he felt had wronged him by slinging those electric fastballs at vulnerable areas of their bodies.

Baseball needed Ventura when he was at his best. It is players like him and Fernandez, not Mike Trout, that bring in new fans to the sport. To baseball die-hards, Angels outfielder Mike Trout is the pinnacle of entertainment because we know he’s an otherworldly talent. But to the average fan, Trout is just another player who hits a couple of homers and doesn’t do anything particularly interesting otherwise. Trout is milquetoast. Ventura was never an All-Star, but fans knew who he was because he made his presence felt every time he made a start. He was fun, if sometimes vengeful.

Ventura’s baseball rap sheet is rather lengthy for someone who only pitched parts of four seasons in the big leagues. Early in the 2015 season, Ventura found himself in a handful of benches-clearing incidents in quick succession. On April 12, he jawed with Trout, apparently misunderstanding the motivation behind Trout yelling, “Let’s go!” Though catcher Salvador Perez intervened, Trout’s teammate Albert Pujols ran in from second base and the benches cleared shortly thereafter. On the 18th, some drama between the Athletics and Royals continued. Ventura fired a 99 MPH fastball at Brett Lawrie, resulting in his immediate ejection from the game. More beanball wars ensued in the series finale the following day. Finally, on the 23rd, Ventura hit White Sox first baseman Jose Abreu with a 99 MPH fastball in the fourth inning. Ventura was not ejected… until after the completion of the seventh inning. Walking back to the dugout, Ventura barked at White Sox outfielder Adam Eaton and — you guessed it — the benches cleared. All told, Ventura was fined for his behavior with the Athletics and suspended seven games for the White Sox incident.

In August 2015, Ventura called Blue Jays outfielder Jose Bautista a “nobody” and accused him of stealing signs. He apologized shortly thereafter. Two months later, during his start in Game 6 of the ALCS against the Blue Jays, Ventura got into it with Jays first base coach Tim Leiper. Nothing happened beyond that, but apparently it was part of the Jays’ plan to try to put Ventura “on tilt.”

Most recently, in June this past season, Ventura hit Orioles third baseman Manny Machado with a pitch. Machado charged the mound and got in at least one punch before the players spilled out onto the field in a blob of royal blue and orange. Ventura was suspended for eight games.

Ventura was by no means a model of civility, but he was a product of baseball’s intransigent culture forcing players to assimilate or be ostracized. The old culture taught players to never show emotion. Hit a home run? Put your head down and circle the bases in a timely fashion or risk taking a fastball to the ribs. Players like Fernandez and Bautista — typically players from Latin countries — challenged those old cultural norms and are, as a result, the vanguard of the new culture. Ventura displayed aspects of each, the worst of the old culture and the best of the new. He was not a one-dimensional person; he was strikingly complex. At one moment willing to use a fastball as a weapon, the next stopping by some kids’ lemonade stand and giving out fist bumps. Baseball is made more entertaining and more interesting by its personalities and Ventura’s was a behemoth, for better or worse. His absence from the sport will be felt.

MLB remembers Yordano Ventura and Andy Marte

BOSTON, MA - AUGUST 28:  Yordano Ventura #30 of the Kansas City Royals delivers in the first inning during a game against the Boston Red Sox on August 28, 2016 at Fenway Park in Boston, Massachusetts.  (Photo by Adam Glanzman/Getty Images)
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Following the tragic passing of 25-year-old Yordano Ventura and 33-year-old Andy Marte, both of whom were killed in separate car crashes on Sunday morning, players and executives from around Major League Baseball expressed an outpouring of grief and support for the players’ families and former teams.

Fans have gathered at Kauffman Stadium in memory of the former pitcher.