One of the things that is still nagging at us more than a day after the Boston Herald admitted to one of the biggest blunders in the history of sports journalism is whether the powers-that-be at the Herald did so on their own, or with the business end of a bayonet-tipped muzzle-loader tapping against their temples.
The timeline immediately caught our attention. Late Tuesday night, the Herald issued an apology on its web site, which then adorned the front page of the Wednesday fish wrap. Later in the day, owner Bob Kraft declared victory.
Our guess? The Patriots’ lawyers and the lawyers for the Herald spent most of Tuesday afternoon communicating by e-mail and/or (Sprint) phone, in an effort to come up with a procedure for promptly retracting the February 2 story alleging cheating at the highest levels of pro sports, based on Matt Walsh’s Tuesday morning explanation to NFL Commissioner Roger Goodell that Walsh knows of no videotape of the Rams’ walk-through practice prior to Super Bowl XXXVI. In exchange for the retraction, we believe that the Pats promised not to launch a legal firestorm that could have resulted ultimately in the renaming of the publication as the Foxborough Herald.
If that’s what happened, it makes sense. No one gains anything from prolonging this sad episode. Besides, as Roger Clemens has learned, a defamation lawsuit opens every closet in the house as part of the search for skeletons.
Also, the ultimate assessment of any legal damages suffered by the franchise would have been driven by comparing the harm from the false story of one-time Super Bowl cheating to the harm the team did to its own public image via chronic non-Super Bowl cheating. Thus, the Patriots wouldn’t be able to move forward on Spygate I, if they chose to pursue legal action over what the Herald erroneously convinced many would be Spygate II.
But if there was some type of a deal between the Pats and the Herald, the settlement apparently doesn’t extend to the corps of columnists at the newspaper. In Thursday’s edition, Tony Massarotti describes the public discourse on the red, white, and blue team as, in essence, a red state/blue state conundrum, with a certain segment of the media and the public staunchly pro-Pats, and the rest lined up firmly against the team.
Basically, Massarotti implies that anyone in the media who does anything other than criticize the Patriots is somehow in bed with them (or, at a minimum, sleeping on officially-licensed team sheets and pillow covers). And that’s just crazy, in our view. Plenty of writers and broadcasters have written good things and bad things about the Patriots since Spygate first hit the fan. And there are, indeed, plenty of bad things and good things to write.
Actually, Massarotti’s column speaks to a deeper problem in our society — a problem to which we heard Peter King allude Wednesday morning on Sirius NFL Radio. Basically, many of us cling blindly to our positions on issues of sports and politics, forming an opinion based on an initial impression, guarding it like a newborn cub, and refusing to entertain any and all evidence that might later show that our initial impression was wrong.
So here’s the reality on this long, drawn out mess, in summary fashion. Good and bad.
The Patriots cheated, for years.
The Pats continued to cheat even after they knew that the league was onto them.
The NFL imposed a stiff punishment for the cheating.
The NFL destroyed the evidence that the Patriots turned over regarding cheating, making it impossible for anyone to know the extent of the Pats’ cheating.
Other teams have cheated, and continue to cheat.
The media generally has failed in its responsibility to develop and to present evidence of other teams cheating.
Some segments of the media instead have focused on trying to develop and to present more evidence of the Patriots cheating.
Meanwhile, the Patriots authored (without cheating) one of the greatest seasons in the history of organized sports.
Senator Arlen Specter, possibly motivated by the lingering dispute between the NFL and a major cable company headquartered within Specter’s jurisdiction, publicly stuck his nose into the matter.
Simultaneously, the race among the “real” journalists to publish the long-rumored story of Super Bowl skullduggery resulted in the Herald rushing to print a story that turned out to be flat-out false.
For the Pats, the timing couldn’t have been worse; the article came out the day before a Super Bowl game that the team would go on to lose.
Though it’s impossible to know whether the Pats would have won Super Bowl XLII if the franchise hadn’t been forced to deal with this tremendous (and, as we now know, unwarranted) distraction only one day before the game, no one can credibly contend that the story had no impact on the preparations and the planning for the game.
And so the Patriots are both villain and victim. Massarotti’s notion that the public and the media can see the Pats as only one or the other is juvenile, and wrong.
It doesn’t mean that there hasn’t been media bias both for and against the Patriots. But not everyone who follows the NFL for a full or partial living is out to prove that the Patriots are good, or that the Patriots are bad. For some of us, it’s about getting to the truth, and about acknowledging all sides of one of the most complex and polarizing stories that sports has ever seen. If the Herald had been willing to do the same, the February 2 story might never have been published.
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May 15th, 2008 at 10:31 am
Let’s try this again for all the “dolts” out there who STILL are trying to ranish last season. 1) If the Patriots had any videotapes of any teams from prior to last season……and that’s a big if because they turned over all their tapes to the league……do you honestly think there are defensive coordinators out there who still used the same signals that they had from BEFORE all this stuff came to light? Come on people…please…think before you speak. The reason the Patriots won last year is because they had a better team……they lost to a Giants team that outplayed them in the Super Bowl…fact….but the Patriots outplayed every other team prior to that. If you haters need to make yourselves feel better by trying to state otherwise…then god bless ya…there really isn’t any hope for you. You do have my sympathy…………..it’s really gonna be a sad day when all this chatter finally stops….cause I really have grown accustomed to reading just how pathetic some of you are. Sure, there are intelligent posters……but the brainless trailer trash that continue to post THEIR OWN farcical stories and theories on here….you people really need to get lives.
No matter what happens…you will still have your agendas and still believe you or your “team” was wronged somehow. We had what…6 former coaches who ON NATIONAL TV said that videotaping coaches signals was a common practice in the NFL prior to 2006…….but they all must be liars…or “Patriots lovers” as you accuse Florio of being…..right? Anyone who posts a fact or a counter point…you respond with some new lame comment. It’s really pathetic….but it does get me through the day with many chuckles. So thank you for that…but honestly…isn’t it time you all find jobs…move out of Mom’s basements and get back to the real world? SpyGate is over….the Patriots were CLEARED by the very man you pinned all your hopes to……..oh wait…you still have Arlen Spector….LOL. He’s your new binky…..good luck…but please…..get a life…all of you.
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May 15th, 2008 at 10:34 am
Florio, this was perhaps the best article relating to spygate yet. I hate that its buried under a title relating to the Herald apology.
As per Massarotti, I disagree wholeheartedly with his piece. I am a VERY invested (both time-wise and monetarily) Pats fan and yet there are plenty of things the organization does that irritate me beyond words (and I have personal experience dealing with them). Of course there has been plenty of good over the years as well. I am still a Pats fan through and through but it doesn’t mean I can’t see the forest through the trees.
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May 15th, 2008 at 10:34 am
As far as the other teams cheat and continue to do so bit, I too firmly believe this to be true. I am not a Patriots fan so its not just sour grapes. Shortly after Spygate broke, Jimmy Johnson came out and said that he had taped other teams, no one blinked, the story was dead after that day. Where was the follow up? Where was the outcry? Where was the investigation? Ok, I do realize that this happened over ten years ago so an investigation would have been a tad bit difficult. But I do think that cheating happens with every team in the league. The Patriots got caught because they got greedy or cocky, but the league or media or both should have done more to look at every team.
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May 15th, 2008 at 10:39 am
“Meanwhile, the Patriots authored (without cheating) one of the greatest seasons in the history of organized sports.”
I have to argue this for a couple of reasons:
1. they got caught during the first game of that season.
2. no one knows how much evidence was actually turned over and how much was held on to. and finally,
3. 7 years of video taping defensive signs, gives you a huge advantage knowing a teams tendencies even if you finally put the cameras down for a season.
As I see it, the Pats cheated every year since “Beeelechick” was there including last.
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May 15th, 2008 at 11:00 am
Yeah, I think the patriots are cheaters and as I’ve pointed out before, believe they still posess and benefit from a database of opposing teams and coaches. I think the patriots accomplishments will always be tainted much like other maligned sports figures.
To truly turn the page on spygate, I believe kraft would have needed to completely replace the coaching staff and front office. This mess, is purely cover-up and will continue to stink as such.
I welcome a mitchell report and all of the dirty laundry it would air.
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May 15th, 2008 at 11:05 am
Hey Cowboy (Florio):
A well stated overview of this debacle!
You are right on point…..that the highest head of the Boston (Fishwrap) Herald involved in this “pasticcio” needs to roll.
Why should the Patriots organization be castigated for breaking the rules, while the Fishwrap honcho breaks a trust with the public and walks away with not so much as a slap on the wrist?
Which is worse…cheating at a game, or…using your Constitutional (1st Amendment) rights to mislead millons in order to sell a newspaper?
Nice job Cowboy!
Chief
Chief
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May 15th, 2008 at 11:15 am
lets get this part clear……the patriots were NOT CAUGHT video taping defensive signals…..they were turned in by a former coach as part of some sort of power struggle between the pats/jets and coaching staffs…..
IMO other teams were aware of this practice specifically by the PATS and a select other teams have done this….eagles/packers is one instance where this has happened, but no formal complaint was filed with the league…..coach jimmy johnson has admitted that this was happening in the league as far back as the late 80’s…..
Mangini is a weasel and will probably never get a head coaching job again if/when his time ends with the jets……
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May 15th, 2008 at 12:18 pm
“I’m not familiar with Massachusetts statutes, but some states have laws that prevent or limit damages from defamation suits if the defendant prints a retraction that is “substantially as conspicuous” as the original alleged defamation.”
So that makes Florio a bad lawyer? You’re an idiot. Do some research before you criticize someone next time.
Yes, retraction is applicable in Massachusetts, but it’s a defense in support of mitigation of damages, it doesn’t preclude a lawsuit entirely. See, e.g., Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 861 (1975).
That took me three minutes.
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May 15th, 2008 at 1:53 pm
Everyone cheats execpt for Saint Dungy, he would never cheat, oh wait his GM has the refs call more def holding for the good of the Colts, er good of the game.
If Spector wants to investigate the league then go ahead, all 32 teams including my beloved Bengals will be found to be doing something that can be considered cheating.
As for Mazzoriti, I heard him on ESPN News once, he sounds liuke a chick.
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May 15th, 2008 at 2:03 pm
I don’t see how you can settle something like this without the source being exposed.
What if the Pats planted this rumour because they knew it was close to a truth, but a particular untrue instance?
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May 15th, 2008 at 2:10 pm
“no one can credibly contend that the story had no impact on the preparations and the planning for the game.”
Florio, it’s statements like these (and that the Patriots are a “victim”) that reveal that either you are biased in favor of the Pats or your analytical skills are not very strong. It’s silly to suggest that the Pats lost to NYG because of a newspaper article. Did the article cause the Pats to fail to block the pass rush? I can guarantee you that there is not a single Pats player who would be so pathetic as to blame a newspaper article (and subsequent interview questions) for the loss. Only a media guy would think the media has such importance, but hall of famers like Brady don’t forget how to play QB because they have been asked a few questions by a reporter. Give me a break.
As for “victim,” when you cheat for years and also try to cover it up, there’s the risk of erroneous stories coming out (and that story wasn’t that far from the truth). Kinda like going to war — if you go to war, some unintended negative things will happen that, while unintended, are hardly surprising (such as friendly fire accidents). The Pats made their bed, so for any Pats fans (or incompetent media types) to claim that the Pats are a “victim” in all of this is a joke.
Having said that, Florio is right about people reaching the conclusion that they want to reach, clinging to it, and filtering the evidence to fit their conclusion rather than being objective about the evidence.
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May 15th, 2008 at 2:16 pm
I think it’s time for BB to sart naming names…I wouldn’t have withstood this constant non-stop drubbing! If it were me! I would turn the league upside down. Rat out every team that has been doing the exact same thing for years! Knock some of the luster of a few other Organizations. Belichick has to much respect for the game and the league to do it, and really has been the only consistent person(confirmed by Walsh’s statement)about this walkthrough assertion. We know the Jets taped or tried to tape the Pats at the play off game. They were caught and escorted out! Later Mangini would say he had permission, which was denied by BB! Can we have some sanity here! Let’s end this “Spygate” junk, before it’s to late?
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May 15th, 2008 at 3:07 pm
Your summary of the ‘reality’ of all this is biased.
‘Though it’s impossible to know whether the Pats would have won Super Bowl XLII if the franchise hadn’t been forced to deal with this tremendous (and, as we now know, unwarranted) distraction’
To imply that the story had an affect on the outcome of the game is rediculous. Teams have all sorts of distractions, that’s part of playing in such a big game. It seems like you are making excuses for their loss, or maybe it’s excuses for those who called the game would be a huge blowout?
‘Meanwhile, the Patriots authored (without cheating) one of the greatest seasons in the history of organized sports.’
What an overstatement. Maybe one of the best regular seasons, but I can name 42 or so better season in the NFL alone because is there any doubts that winning the superbowl is what counts? Yes that includes the previous wins by the pats, cheating aside.
‘Other teams have cheated, and continue to cheat.’
Please list the teams currently cheating and what they are doing. Otherwise, don’t throw out ‘facts’ like this. That’s doing a similar thing as the Herald did (that you are so critical of).
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