Freedom of Speech Only Goes So Far…

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Earlier this week, former Boston Red Sox pitcher and ESPN baseball commentator Curt Schilling offered up on his Facebook account an anti-transgender meme that has been making its rounds on the internet. In this particular meme (I’ll refrain from putting it on here because…UGH!), a rather unattractive man is wearing female clothing with the quotation beside him, “LET HIM IN! To the restroom with your daughter or else you’re a narrow minded, judgmental, unloving, racist bigot who needs to die!!!” Schilling shared the meme and, after a moment’s thought, deleted it, but not until after some people had screen-captured what he’d done.

To take it a step further, Schilling then stepped to his personal blog and tossed more gasoline on the raging fire. To give him credit, Schilling didn’t shy away from his personal beliefs (“There are things I have deeply held beliefs in, things that are core to who I am, things I am passionate about…whether you like that…or not is completely up to you.”), but he also had to know what was coming (more on this in a moment). That “other shoe” that Schilling might have been expecting came on Wednesday night when his employer, ESPN, terminated his contract, stating simply “ESPN is an inclusive company. Curt Schilling has been advised that his conduct was unacceptable and his employment with ESPN has been terminated.”

This wasn’t the first time that Schilling had stepped down this path. He was suspended after first Tweeting a meme that compared Muslims to the 1930s Nazis and, once ESPN kicked him off the broadcasts of the Little League World Series, followed up with a defensive post to another blogger that cost him the remainder of the Major League Baseball season (despite the factor that the post also defended the person who replaced him, former U. S. Olympic softball star Jessica Mendoza, against comments the blogger made). And this doesn’t count what other memes that Schilling shared over his Facebook feed.

Opinion over what Schilling has shared over his social media – this week and previously – takes an interesting course, one that requires some thought before making a statement. Plenty of people believe that Schilling was simply “saying what a lot of us are thinking. Apparently you can’t have an opinion at ESPN if that opinion isn’t a liberal opinion.” Others believe that Schilling will be quite happy on the unemployment line (probably not; Schilling’s video game company, 38 Studios, filed for bankruptcy protection in 2012 and Schilling has sold off personal memorabilia to cover his expenses), saying, “Who would want to work for a company that would punish you for telling the truth?”

There are those that take the other side. “Schilling’s freedom to say what he wants hasn’t been denied; the government has not punished Schilling for what he said,” one person stated. “ESPN, however, has the right terminate his employment.”

That is the key point that many are missing with this situation. Schilling has all the “freedom of speech” rights in the world. The government cannot come after him and tell him “you can’t say that, Mr. Schilling, otherwise we will have to put you in jail.” It is one of the tenets of the First Amendment that allows everyone the right to speak out about…well, whatever they feel are the injustices of the world.

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What many seem to forget, however, is that with the freedom of speech also comes the consequences of that freedom. For example, it is allowable to be able to burn the U. S. flag in protest (and to dispose of it, but that’s another story), encoded by the U. S. Supreme Court decision Texas v. Johnson (1989). While you can go ahead and burn the flag, you also have to accept the consequences of what might happen if you do that; in some cases, there may be a major league ass-kicking that comes along with it…not condoning physical violence, but it is a potential consequence. In Schilling’s case, he perfectly has the right to freedom of speech, what he forgot was the consequences part.

ESPN is a part of the massive Disney empire, which is the target of boycotts by one organization or another probably several times a day, 365 days per year. They try to minimize those issues by offending as few people as possible with the multitude of entertainment options that they provide (this is probably why they chuck the Disney girls who come up through their shows out before they go wild…look at the recent arrests of Debby Ryan and Kelli Berglund and let’s not even get into Christina Aguilera and Britney Spears). Thus, when someone continually chafes their audiences through poking the proverbial bear with their social media actions (as Schilling has done here and in the past), there comes a point when ESPN can decide enough is enough and remove the problem by dismissing the person.

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It isn’t the first time that ESPN has done something along these lines. After a profanity-laced tirade at a roast for Mike and Mike hosts Mike Greenberg and Mike Golic in which she went off on Golic’s alma mater Notre Dame by saying “Fuck Notre Dame, fuck Touchdown Jesus…and fuck Jesus,” former ESPN anchor Dana Jacobson was suspended for a week from the ESPN airwaves after irritating the Catholic League. Commentator Stephen A. Smith was suspended for his comments on domestic violence and SportsNation host Max Kellerman earned a suspension for his comments on the same matter. These barely even broach the suspensions and/or firings that have been handed out by ESPN in its history for “freedom of speech” violations.

Freedom of speech is a guaranteed right under the U. S. Constitution, but it is only guaranteed when you are speaking about the government. You can criticize the President, Congress, our military actions (or lack thereof), our political directions and decisions or an array of other things and there isn’t a thing that the government can do about it. They cannot come to the street corner where you might be ranting about these things, they cannot censor what you write on the subject and they certainly cannot arrest you for what you’ve said (within reason, of course…advocating for armed treason is one of those areas that they might have actionable cause).

When it comes into the private arena, however, the game completely changes. A company can (and does) look into your personal background, your social media (some companies nowadays ask for your social media names, at the minimum; state and federal legislatures are trying to prevent this) and monitor for where their employees might discuss the company. If this is a surprise to you, I’ve got a story that will emphasize the point for you from more than 15 years ago.

While working in the public sector, I worked with a gentleman who went into an online chatroom and discussed the company we worked for at great length. Needless to say, he wasn’t exactly glowing in what he said about our company as he detailed out what he felt were problems that the organization had. Although he thought he had an online ‘handle’ (screenname) that would prevent him from being identified (they could trace ISP addresses, even back then), the company found out who it was and terminated him immediately, despite his protests of “freedom of speech” (this is an old refrain).

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How many of us would be willing to lay our social media accounts in front of our employer and let them have a look at what we think and say? How many of us would be able to pass the scrutiny of such an examination that our employer wouldn’t have to dismiss us out of protection of their organization? I’ll be the first to say I’m probably not perfect as to some of what I’ve written on social media; I wonder how many people who read this can be that honest.

So it isn’t the factor that Schilling’s freedom of speech is being violated. It is a factor that Schilling didn’t consider the consequences of what his freedom of speech might bring onto the company he represents. For those who contend that a “liberal company” is “silencing” a “conservative” thought, it isn’t that at all; it is a business looking to protect its bottom line by eliminating a loose cannon that could cost it money, plain and simple.

The Coming Downfall of Broadcast Television

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There have been some things that have been consistent in the average person’s life when it comes to entertainment. The theater has been around since the Greeks and Romans put plays on in their massive outdoor amphitheaters and musical concerts have almost the same longevity. The change has come in the way that those things – acting and musical performances, along with sporting events – have been delivered to the populace.

In the really “old days,” the only way to partake of these artistic or athletic endeavors was in a live setting. With the creation of radio, it became possible for people to join in on a concert or sporting event from several hundred, even thousands, of miles away. When television came along in the 1920s, the picture was added to the radio broadcast and became the preferred way for people to witness events from thousands, even millions (remember the moon landing in 1969?), of miles away. As technology improves, however, many of these avenues are becoming extinct or may become extinct over the next decade or so.

First to go was radio. The normal terrestrial radio – replete with commercials – lasted for over 100 years before the advent of satellite radio came along. At first, many said “I’m not going to pay for radio,” but, as time, technological improvements and personal choices came to the fore, people decided to pay for satellite radio. Today, SiriusXM and its array of channels challenge terrestrial radio across the board in the ability to deliver breaking news, sporting events and musical events and artists’ recent musical output. It doesn’t bode well for the future as more terrestrial radio stations become “automated” – basically eschewing live DJs for stale canned programming to reduce costs – and the satellite stations boom, basically destroying an industry 100 years or more in the making.

A similar situation is happening in the world of television. Just a little younger than the radio industry, television has been a staple of U. S. households since it was popularly mass-produced in the 1950s. Over the past 60-plus years, television has not only brought to those around the world important historical moments – the moon landing, the fall of the Berlin Wall, the standoff at Tiananmen Square, the bombing of Baghdad in the first Gulf War – but has also brought hours of entertainment through movies, musical concerts, comedies and dramas.

Those traditions are quickly changing and nothing shows it more than the recent announcements from two powers in the television world, one a major network and one a cable powerhouse. It was announced on Monday that CBS Television Studios would be bringing a new entry into the Star Trek universe come January 2017. While not commenting on what tack the new series will take, it does have the power of Alex Kurtzman, who produced the 2009 theatrical version of Star Trek and 2013’s Star Trek Into Darkness, behind it.

The crossover of Kurtzman from the Big Screen to the Little Screen isn’t the important change, however. CBS has already stated that the premiere episode of the new Star Trek series would be broadcast on its regular network airwaves. Following that, the premiere and each new episode would be seen on CBS’ brand new on demand outlet, CBS All Access, and would not be broadcast on the traditional airwaves ever again.

After this announcement regarding the CBS/Star Trek partnership, it was announced on Tuesday that longtime cable television giant HBO and former The Daily Show front man Jon Stewart had joined forces for him to issue commentary during the upcoming 2016 Presidential campaigns. So what will be the name of Stewart’s new show that will premiere next year? It won’t be a show and it won’t be on HBO, fans; it will be “short form digital content,” or online efforts, with Stewart offering commentary that will appear over HBO’s on demand and streaming outlets HBO NOW, HBO GO and other arenas.

What do both of these legendary entries do? Sidestep the traditional broadcasting arenas in favor of online or “streaming” outlets, signifying that there is a coming downfall of broadcast television.

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Since the beginning of the 21st century, this transition has been pretty easy to see coming. Netflix wormed its way in with its creation in 1999, initially offering only DVDs to customers as an alternative to the “big box” movie rental outlets such as Hollywood Video or Blockbuster Video. Not only did Netflix crush those outlets with its business plan, they soon grasped onto the idea that they could do television just as well as the traditional broadcast networks. Such now-acclaimed dramas and comedies as House of Cards and the resurrected Arrested Development got their start in 2013 on Netflix and the acclaimed Orange is the New Black premiered in 2014. Since these and other shows premiered, Netflix has earned over 50 Emmy nominations and won 11 times.

After Netflix showed the way, there were many who followed. Hulu and Amazon Prime Video now have their own streaming video networks in addition to their usual movie rentals and they have made their impacts not only on broadcasting but on awards shows with their own original programming. Even the traditional networks, such as what CBS has done above, have entered into the digital arena.

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If you’re going to have the non-traditional broadcast sources, you have to have a way to get it to the people. With Roku, ChromeCast, AppleTV and software on the Xbox and PS4 video game systems, there are ways to use an internet connection to pretty much see anything that might appear on network television that same day or within a couple of days of a program’s original broadcast (if it is on the network’s digital outlet, then the next day). The combination of these internet streaming options plus the drive to sever the ties with cable could very well doom the traditional network outlets and cable television.

Cable television, as traditionally offered by Comcast, Time Warner and several other outlets, offers different packages for homes in their areas. Households can pay anywhere between $20 (for the barest bones package that basically only gives the local broadcast networks) and $300 (for every bell and whistle available, not to mention internet access and/or phone) for cable television programming. If people were able to make the choice to buy the channels that they like and want – say a Netflix here, an ESPN there, etc. – and pay drastically less than what they pay for cable, people will do that in a heartbeat.

Cable broadcasting will more than likely end when those device providers – Roku, ChromeCast and the others – start providing “bundles” of channels at a low price for their viewers (this might also be the saving grace of broadcast television in that they could negotiate rights, much like they already do with the cable companies, with the streaming providers). These “bundles” could offer local television station programming, a sports channel or two, a movie channel and a news channel for next to nothing. You could have a sports package, a movie package or a news package to go alongside the local channels that can be picked up with a digital antenna. Then there is always the fallbacks of Netflix, Hulu and Amazon that could bring the programming.

There is one problem that could be present for those looking for the utter devastation of cable. Live televised sports still provide the most viewers in television – look at the numbers for football’s Super Bowl or for soccer’s (the rest of the world’s football) World Cup. The individual leagues have been looking to this, however, and have come up with streaming options that could easily make their way to a streaming home.

Major League Baseball’s MLB.tv is something that is offered year round (usually using the feeds from the local team’s affiliate) and the National Football League recently broadcast one of their games between the Buffalo Bills and the Jacksonville Jaguars not only from London, the United Kingdom but also exclusively streamed over the internet. If the individual leagues can figure out a way to remove the broadcast networks from the equation and monetize their offerings, they will be the first to “cut the cord.”

And this doesn’t even add into the mix the expanding world of mobile programming, or watching traditional television on your cellphone…

The moves by CBS and HBO (and others, to be honest – the situation is rapidly changing) to bypass the traditional network broadcasting routine for straight-to-digital broadcasts signifies a seismic change, a strange new world for the future of television broadcasting. Will the other companies in the industry catch up? Will the cable companies be able to make adjustments in their offerings? Will the streaming channels and the devices that provide them take the idea of “cutting the cable” all the way to the logical fruition of cable’s destruction? The coming years will provide the answers.

2015 Postseason Baseball Preview: NL Central Will Provide the World Series Champion…

Even though most everyone has gotten themselves wrapped up in college and professional football (and there’s something going on called the WNBA playoffs, but I haven’t seen signs of life for that yet, as well as preseason action in the National Hockey League), Major League Baseball’s regular season is coming to a close this week. What began back at the beginning of April will, over the next week, determine their six division champions and four Wild Card teams that will make up their postseason schedule. It will all wrap up in ANOTHER month with the conclusion of the World Series…in November, if the Series goes seven games.

I’ve heard all the arguments about the game of baseball…”How can you like something that goes so SLLLOOOWWW?” “They’re all on ‘roids!” “I’d rather watch paint dry than watch a baseball game.” The folks that haven’t realized the comforting blanket that the game of baseball is are missing out on one of the rare treats we still have in the world today. I could attempt to explain it, but it sounds so much better when it comes from the mouth of James Earl Jones, who could probably read a grocery list and make it sound like grand prose:

Just to further emphasize the point, the final paragraph from Jones’ Terrence Mann (his character in Field of Dreams) drives the ideas home. “The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It’s been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past, Ray. It reminds us of all that once was good, and it could be again.”

I’d add in there that baseball is perhaps more embedded in our country’s (and our citizens’) DNA than many think. There is no clock, indicating that the game (and the country) could potentially last forever. The boundaries are strictly drawn, but through creativity and athleticism you can reach beyond those boundaries for greatness. Finally, anyone can play the game and excel if they are willing to work hard at improving.

OK, getting a bit sappy here. Let’s just move on…

With the postseason getting ready to begin, who has the best shot at winning the World Series? There are 10 teams that will contest for baseball’s World Championship and 30% of those teams come from one division. That’s where you’re going to see the next World Series champion come from. (And this comes from a person who is a die-hard Yankees fan, in full disclosure.)

American League

As of right now, there are only two teams – the AL Central champion (and defending American League Champion) Kansas City Royals and the Toronto Blue Jays – that have been able to lock down playoff spots. These two teams are also tied for the best record in the AL, which means they’ll spend the next week fighting it out over home-field advantage. Either one would make for a difficult opponent in a seven game series, but I am going to give the edge to Toronto due to the fact they are still trying to win the East Division over the New York Yankees while Kansas City relaxes with the division title firmly in their pocket.

In the AL West, the Texas Rangers and the surprising Houston Astros are battling down to the wire for the division title. Houston, whom many thought was still a year away from making moves in the AL, has been atop or in second place in the West throughout the entire season. I don’t see them making up the 2½ games that the Rangers lead by, however, but I do see the Astros making the Wild Card playoff game against the Yankees. In that one-game playoff in Yankee Stadium, the Yankees will prevail and get on a plane to play the Royals in Kansas City the next day.

Toronto is going to be tough to stop in the postseason. They made a flurry of moves around the trading deadline, bringing in SS Troy Tulowitzki and P David Price to shore up their defense and pitching. They should be able to get by the Rangers and head on to face…the Yankees, who I believe will get out of the Wild Card game and stun the Royals. In the end, however, I see the Blue Jays earning the AL pennant on the back of some dominant pitching and head to the World Series for the first time since 1993.

National League

The real story of the National League has been the performance of the NL Central. Long the doormat of the league (the St. Louis Cardinals in 2006 barely were a .500 team (83-78) before winning the World Series), the NL Central is guaranteed to send three competitors to the postseason. The Cardinals are vying with the Pittsburgh Pirates for the division title, with the team that fails to take it down earning the right to host the Wild Card elimination game against the Chicago Cubs (yes, get your provisions in order for the coming Apocalypse if the Cubs go to the World Series). I’m going to take the Cardinals in this battle and, in a surprise, the Cubs will shock the Pirates to set up a Cards/Cubs playoff series for the first time since 1886.

The New York Mets have been the surprise team – and the darlings – of baseball fans over the course of the season. Rising up with young pitching leading the way, the Mets were able to vanquish the pre-season favorite Washington Nationals to win the division. I don’t think they’ll get any farther than that, however, as they will face the Los Angeles Dodgers and their buzz saw pitching twosome of Clayton Kershaw and Zach Greinke.

The Dodgers will head to Busch Stadium after the Cardinals dispatch of a pesky Cubs squad that takes them to the brink of elimination. In what will be probably the defining series of the 2015 postseason, the Cardinals will emerge as the champions of the National League for the third time in the past five years (in 2011 they won the World Series, in 2013 they lost to the Boston Red Sox).

2015 World Series

Honed by the season-long battle in the NL Central, the St. Louis Cardinals should beat the Toronto Blue Jays in six games. If Toronto is able to push the Series to a seventh game, they would have the home field advantage at the Rogers Centre in Toronto, at which point all bets are off the table as anyone can take a Game 7.

You may not be watching when baseball drives towards its World Champion, but the drama is always worth a look. If you’ve never given baseball a chance – or if you’re someone who has drifted away from the game – the postseason is always a stage where its greatest moments occur.

Fantasy Sports…It’s Skill! It’s All Skill!

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The upcoming National Football League season is nearly upon us and we all know what that means. No, it doesn’t mean 16 (or more, counting the playoffs) weekends of watching grown men pound each other into a stupor over an inflated pig’s external organ, trying to push through the armada defending a goal to score the ultimate victory. It means that we get to choose up players and try to prove to our friends and loved ones that we know more than even the best NFL general manager through the machination known as Fantasy Football.

Sure, there are other sports that have their fantasy seasons. The origination of “fantasy” sports can be traced back to the end of World War II, but many believe the true version of fantasy sports began with what was called Rotisserie baseball in the mid-1970s. Owners, playing through the entire season, would choose a roster of players from the actual Major League Baseball teams. The owners would then earn points on how their players performed and, at the end of the year, the champion would be crowned through who earned the most points. The idea of fantasy baseball took off in the early 1980s with players starting to pick up on the intricacies of the game and media outlets offering in-depth box scores on the games that were played (can you even imagine sitting down with a prehistoric computer – or, worse yet, a pen and paper – to compute the fantasy scoring for a league?).

If there was a major professional sport that thrived under the advent of Fantasy, however, it was professional football. With teams playing once per week, Fantasy players could choose up teams and compete against each other on a weekly basis rather than just the season as a whole. Although baseball might have borne the fantasy game, it was football that truly lit the spark.

In 2014, Vox.com estimates that the yearly revenues generated from fantasy sports was $1.4 billion in the United States and that is probably on the conservative end. Pro football heavily dominated the breakdown, generating over 36% of the action, while baseball took up the second place slot with almost 19% (surprisingly, auto racing was the third-most “fantasized” sport, according to Vox). The companies that were benefitting the most from the activity were such industry powerhouses as Yahoo!, ESPN and CBS, who operated their own fantasy leagues for both fun (re:  no cost) and for profit (entry fees paid back to players), not to mention the individual professional sports leagues operating their own Fantasy games.

2014 was also about the time that the phenomenon known as Daily Fantasy Sports (DFS) came about full bore. With DFS, baseball now had its little niche in the fantasy world that had pretty much been taken over by professional football and other sports could pick up on some of the glory that the NFL got from its one game a week schedule. While DFS has been an activity that many have gotten into as an extension of yearly fantasy sports, it has also drawn the attention from law enforcement and the politicos.

The Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 was written to shut down the financing of online gambling transactions (think of online casinos, bingo and online poker), but there were several segments of the gaming industry that were excluded from the law. Horse racing (as a carrot to the horse racing industry in the United States), lotteries and fantasy gaming, then in its infancy online. With that carve out from the UIGEA, the DFS sites such as FanDuel and DraftKings are quite pleased to let everyone know that it is “legal” to play. Lawmakers will be rethinking this strategy but, with so many of the professional sports leagues and mainstream media involved in the game, it is highly likely they won’t touch it.

The reasons for fantasy sports – and horse racing along with it – receiving the legislative exemption is because many consider both activities to have a “skill” element that raises it above the bar of luck-based gambling (such as casino games that include poker). This skill element allows for a player, through knowledgeable study and examination of the variables of the game, to pick a better team (or a better horse) than someone who simply walks in off the street and tries to play the game. Which makes the results from my Fantasy Football draft on Sunday a good testing ground.

In previous years (and we’re talking for about a decade here), I pored over Fantasy Football magazines, ESPN.com, NFL.com and several other outlets looking for that edge in the fantasy game that would drive me to a championship. Alas, over the years I have only captured one championship, which pushes me to compete even harder and drink even harder when I’m sweating Marshawn Lynch having to make up a 25 point deficit on Monday Night Football. Those years I didn’t win, I would think that I had the “greatest team ever assembled” until they came crashing down in a heap at the bottom of the standings.

This year, I’d gone through the preparations but I’ve gotten a bit wiser about the proceedings. While I can research the players and teams from here until the Super Bowl, I am not Peyton Manning; I cannot have an effect on the outcome of the games because I am not out on the field performing the activity. Nowadays, I head into my fantasy draft looking to have fun and, if possible, win some extra cash, but not to put myself through Hell in doing so. Then the following happened, which is where the experiment will begin.

On Sunday, I was settling in to get ready for my Fantasy draft when my lovely wife said she needed to get some more clothes for her position as a professor at a major university. The best mall is a 45-mile drive from our home, hence we and our son hopped in the car and headed over to let her shop. After three-plus hours of shopping (and our son’s multiple rides on a carousel in the mall and ice cream bribery) and a dented credit card, we returned home with several outfits for her and me wondering how my Fantasy draft had gone.

With the fifth pick in the first round, I was able to pick up Kansas City Chiefs running back Jamaal Charles through the auto-draft procedures (when someone isn’t physically able to make the picks, sites will pick the best available player for the absent owner) and it only got better from there. In Round 2, it was Cincinnati Bengals wide receiver A. J. Green; Round 3 was a little weak in Chicago Bears wide out Alshon Jeffrey, but the next two rounds were golden.

Round 4 was nice in that it gave me a versatile but injury-prone running back in Jonathan Stewart of the Carolina Panthers, but it was Round 5 where I made my biggest steal. With a four-game suspension hanging over his head, everyone in our league had passed on New England Patriots quarterback Tom Brady and my computerized picker was able to snap him up without hesitation. Even if Brady is out for those first four games (and after getting a solid backup in the Chicago Bears’ Jay Cutler), he’s worth having for that “Fuck You” mentality he’s going to have for the remainder of the season (and whenever he starts playing, he’ll have that “Fuck You” mentality after all he has been through).

Overall, the automated draft picked out a team (my team isn’t creatively named, the “Southern WarLordz” but it’s a visual image that is threatening) that looks to be pretty solid and, with Brady, potentially one with a sneaky chance of winning the title. If it is the case that I should win this year’s championship, then the bullshit of fantasy sports being a “skill” activity would be shot down as anyone who lets the auto-drafter pick for them isn’t using any skill at all in their attempt at winning. I guess we will see how it plays out over the season…in the fantasy world, at least.