[OMMENTARY] In Brady decision, the NFL still wins

Before a single down has been played, we have already witnessed the biggest upset of the National Football League's season.

Judge Richard Berman handed down a ruling in favor of Tom Brady, vacating the NFL's imposed 4-game suspension. Given the narrow scope of what this court was supposed to be ruling on, the NFL couldn't lose, right? Most pundits agreed. Until they didn't. 

Unlike most court rulings, however, this one will not bring much clarity to the situation. The average American will assume this means Brady is innocent. It does not: Judge Berman carefully sidestepped the central issue about whether the New England Patriots' quarterback was guilty. The real question is about process and procedure. 

Fairness or jealousy?

An appeal will be filed. Another judge will step in to evaluate if Judge Berman overstepped his bounds. 

Read More NFL says it will appeal judge's ruling that nullified Brady suspension

Why does the NFL care so passionately about this infraction? Why spend millions of dollars and thousands of man-hours devoted to football inflation? Because this case is not about determining a valid punishment for a specific offense, but rather a total condemnation of the Patriot Way.

I have spoken to several former NFL players, who both played for the Patriots and against them, and they tell stories that would blow your mind. The Patriots employ tactics that—in their words not mine—"totally cross the line."

Read More 'Deflategate': Sales of Tom Brady merchandise double

New England fans call it "jealousy." Fans of other teams call it "fairness."

Yes, the NFL lost (for now), but did it really?

This "scandal" has managed to keep the NFL as the main topic of TV shows, sports pages, blogs, sports talk radio, fantasy drafts and barroom chatter. Despite other sports having great playoff runs, and the U.S. women's soccer team winning a World Cup, the NFL has managed to own the off-season.

Again.

The ratings for the NFL opener between the New England Patriots and Pittsburgh Steelers should set records. Nonetheless, the debate will persist regardless of the outcome. And the NFL's business will remain dominant.

In almost every aspect of its business, the NFL is an exacting institution. Control is its mantra. It controls who its broadcast partners are. Who its sponsors are. How long the deals are. How much they cost.

But there are two courts it does not control—the judicial court and the court of public opinion.

Even so, no matter how this saga ends, one thing is certain—the players will play, the fans will watch, and the NFL owners will count their money.

Commentary by David Katz, founder, CEO and principal editorial voice of ThePostGame, a sports culture and lifestyle media property based in Los Angeles and New York. He's the former head of CBS Interactive as well as Yahoo! Entertainment & Sports. Follow him on Twitter@katzmando

Via: CNBC

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[FOOTBALL] War of words continues among Deflategate attorneys

The heated rhetoric between attorneys involved in the ongoing Deflategate saga continues to flood the federal docket, less than a week before both sides will meet before the judge who has been asking them to settle.

Jeffrey Kessler, the attorney representing Patriots quarterback Tom Brady, attacked NFL lawyers today, who yesterday dismissed 19 cases his team gave to U.S. District Court Judge Richard Berman to review last week.

“(T)he NFL’s submission ignores how the denial of fundamental fairness in the arbitration at issue here so closely resembles the denials of fair process in the decisions we presented to the Court,” Kessler wrote in a two-page letter filed today in New York federal court.

Kessler and other union attorneys are working to overturn Brady’s four-game suspension, which was handed down by NFL Commissioner Roger Goodell. They have argued that Goodell should not have been the arbitrator to decide whether Brady was guilty of being generally aware that footballs may have been partially deflated during the 2015 AFC Championship.

On Aug. 19, attorneys for both sides argued their case to Berman. The judge spent considerable time poking holes in the NFL’s case, while allowing Kessler to argue with very little interruption. After finishing his argument, Kessler had one of his associates give Berman a list of cases that he said bolstered Brady’s case.

The NFL said the cases didn’t apply to Brady’s arbitration.

“These cases confirm that courts vacate arbitration awards only in extraordinary circumstances, none of which are present here,” NFL attorney Daniel Nash wrote yesterday.

That is the essence of the argument the NFL has made from the beginning: Judges very rarely overturn arbitration awards, and Berman should follow that rule in Brady’s case.

Brady’s attorneys, meanwhile, have argued that there are four reasons to overturn what they call an unprecedented suspension: that Brady had no notice; that no standards were set for testing the PSI of the footballs; that Goodell was biased; and that the arbitration was unfair.

Last week, Berman said if settlement talks in the case continue to be fruitless, he wants Brady and NFL commissioner Roger Goodell in his court on Aug. 31. Berman indicated that his "current plan" is to try and have this case resolved before the start of the NFL season. Brady’s suspension would begin on Sept. 4 as of now.

On July 30, Berman implored both sides to “tone down their rhetoric” and “pursue a mutually acceptable resolution of this case.” With less than two weeks until kickoff, rhetoric is still heated, and no settlement agreement has been reached.

Via: Boston Herald

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Ravens Coach Jokes About Presidential Run During Political Ramblings After Practice

BALTIMORE (WJZ)—Ravens Head Coach John Harbaugh may have been hinting at a 2016 presidential run after remarks made during a Saturday afternoon press conference.

The conversation started about refs and quickly took a turn toward governmental issues.

In a discussion about Thursday night’s game against the Saints, Harbaugh called the officials “rusty” after they apparently missed an intentional grounding call in the preseason opener. He feels they need more time during training camp to be better prepared for the regular season.

“But they only get three days of practice in training camp, so they’re going to be rusty,” he says. “If they got a little bit more practice in training camp, I think they would do a little bit better.”

Harbaugh jokes, saying he’s made that proposal to the NFL.

“It’s interesting because when you ask the league, they’ll say the union won’t let them do it. When you ask the refs, they all say they want to do it. My proposal is that they get together and get on the same page.”

And that’s where the discussion takes a political turn.

“To me both sides want it, maybe they should start talking to one another. Maybe like our government too,” Harbaugh says.

“Maybe talk to one another, solve a problem once in a while, instead of creating a problem. Be more concerned about the country than you are your party. How about we do that? Let’s try to fix things around here, you know, in this country. That’s what made us great.”

After the brief ramble, Harbaugh jokes “I’m going Trump here.”

“Build the wall. It’s not that hard. If you don’t have a border, you don’t have a country. At the same time, we’ve got 12-15 million hard-working people here. Give them a shot! Give them a chance to become a citizen!”

Reporters ask if he’s hinting at a president run and Harbaugh laughs and says,” I might be coming out, I might be running.”

So now we have to ask the question…would you be a Harbaugh 2016 supporter?

Via: CBS Baltimore 

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NY judge to NFL, Brady lawyers: Tone it down, figure it out

Photo by: 

John Wilcox

Tom Brady acknowledges the crowd as he runs onto the field for the beginning of Patriots training camp at Gillette, Thursday, July 30, 2015. Staff photo by John Wilcox.

A New York federal judge has told lawyers for Tom Brady and NFL commissioner Roger Goodell to “tone down the rhetoric” and "pursue a mutually acceptable resolution” in the ongoing Deflategate controversy that has already been in two courthouses in two time zones.

U.S. District Court Judge Richard Berman laid down the admonishment just hours after a Minnesota judge ordered the NFL Players Association’s case to be moved to New York — the jurisdiction where the NFL first filed its case to have Goodell’s decision to suspend Brady for four games upheld.

“While this litigation is ongoing, it is appropriate (and helpful) for all counsel and all parties in this case to tone down their rhetoric,” Berman wrote. He added later, “If they have not already done so, the parties and counsel are directed forthwith actively to begin to pursue a mutually acceptable resolution of this case.”

The NFLPA filed its suit in Minnesota yesterday in hopes to reverse Goodell decision in a court that has been player friendly. A day earlier, the NFL had beaten the union to the punch, filing in New York shortly after the decision came down, hoping to take advantage of the "first-to-file" rule.

This morning, Richard Kyle, a federal court judge in Minnesota, wrote that "the court sees little reason for this action to have been commenced in Minnesota at all. Brady plays for a team in Massachusetts; the Union is headquartered in Washington D.C.; the NFL is headquartered in New York; the arbitration proceedings took place in New York; and the award was issued in New York.

"In the undersigned's view, therefore, it makes eminent sense the NFL would have commenced its action seeking confirmation of the award in the Southern District of New York. Why the instant action was filed here, however, is far less clear."

The union was hoping the case would land in front of U.S. District Court Judge David Doty, who recently vacated the indefinite suspension of Minnesota Vikings running back Adrian Peterson.

Today's ruling does not assure success for the NFL, but it is definitely an initial victory in a process that could consume at least the rest of the summer. Berman — the New York judge — made it very clear that he “is fully prepared to devote the time and attention necessary to help the parties resolve this case via litigation and/or by mutual consent.”

Via: Boston Herald

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Federal Judge Orders Cancellation of Redskins’ Trademark Registration

Read more at http://shark-tank.com/2015/07/09/federal-judge-orders-cancellation-of-redskins-trademark-registration/On Wednesday, a federal judge ordered the cancellation of the Washington Redskins federal trademark registrations. It is the biggest blow to the NFL team thus far.

The cancellation is seen as a “huge victory” by the activists but according to the Washington Post, it does not go into effect until the team has exhausted the appeals process.

Redskins President, Bruce Allen is not giving up. He said:

We are convinced that we will win on appeal as the facts and the law are on the side of our franchise that has proudly used the name Washington Redskins for more than 80 years.

Even if the Redskins take the issue to the Supreme Court and lose they can still use “Redskins” and seek trademark protection from the state. The team is arguing the cancellation of their trademark will tarnish their brand and remove legal benefits that would protect them against copycats.

The NFL team is arguing the majority of Native Americans are not offended by there name whereas the opposition is saying they find it very offensive and want it changed.

Five Native American activists have been pursuing the case against the Redskins. They include Amanda Blackhorse who is a Navajo Indian known for leading protests against the team.

Blackhorse has said:

This case is about humanizing the indigenous identity. I have asked this many times before and have never heard a sensible answer — if people wouldn’t date all a Native American a ‘redskin’ because they know it is offensive, how can an NFL football team have this name?

Other courts have concluded Blackhorse did not reach the burden of proof by showing enough Native Americans find the NFL teams name offensive.

Via: The Shark Tank

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HOLY CRAP!! OBAMA BLOCKING NEW STADIUM OVER REDSKINS’ NAME!!

THIS is absolutely absurd. The ridiculous clown baby president Obama is using the power of the Federal Government to pressure the Redskins to change their name by DENYING their ability to build a new stadium!!! What the hell country do we live in??!

From the Hill:

The Obama administration will likely block Washington, D.C., authorities from building a new stadium for the NFL’s Washington Redskins because of objections to the team’s name.

The National Park Service (NPS) owns the land under the 54-year-old Robert F. Kennedy Memorial Stadium, a venue two miles east of the Capitol that hosted the Redskins from 1961 to 1996. Some city leaders want to demolish the current stadium and build a new one to lure the football team back from suburban Maryland.

But Interior Secretary Sally Jewell, whose department includes the NPS, told D.C. Mayor Muriel Bowser in April that, unless the Redskins change their name, the Obama administration would not work to accommodate construction of a new venue, according to The Washington Post.

In a letter a month later, a local NPS official told Bowser the agency opposed the idea of building a new stadium.

“As I believe the Secretary made clear in our discussion, the NPS will not take a position in support of such an extension at this time,” Robert A. Vogel, a regional NPS director, wrote in the letter obtained by the Post.

Seriously?! That damnable buffoon is grabbing his ankles for the terrorist mullahs in IRAN and the sadistic Communist totalitarians in CUBA but he grows a spine to screw over the REDSKINS??!

What the hell happened to freedom????!

Oh and check this out – this is how the damnable idiots at the Associated Press headlined this story. They don’t even MENTION Obama, they put ALL THE BLAME on the Redskins!!!

Via: The Right Scoop

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CBS's Moonves expects deal with Apple on TV

Asa Mathat | Re/Code

Les Moonves at the 2015 Code Conference.

CBS is in talks with Apple about offering content on Apple's revamped TV offering, CBS CEO Les Moonves said Wednesday.

When asked whether he would consider a deal with Apple—which is working to update its Apple TV product—Moonves said he "probably" would.

What would it take? "Money."

Moonves said discussions were ongoing with Apple, and recently met with Eddy Cue, the company's senior vice president of Internet Software and Services.

Moonves' comments came at the second annual Code Conference in Rancho Palos Verdes, California.

"Apple TV is trying to change the universe a little bit as did Sling as is Sony," he said.

What Apple will offer is "a more select group at a lower price. Any one of those groups will need CBS. We have the NFL, which is must have television. Any of those bundles we will be a part of that and we should get a better proportion of the share of that universe than we currently do on cable," he said.

Read MoreSee all of CNBC's coverage of Code Conference

Despite the rapid growth in non-traditional media, and the rise of a generation that thinks of on-demand television as normal, Moonves said he isn't terribly worried about digital and streaming media

Seventy percent or more of people who watch television do so while the show is being broadcast, and the average American still watches 5 hours of television a day, he said.

And, at least for now, network television remains a primary cultural institution in American life.

"For every Chelsea Handler who doesn't want to be on network television, I have a Steve Colbert who does," he said. "I think I've won."

Via: CNBC News

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Sack This! An Impossible Task for NFL Refs to Also Serve as Word Police

The N-Word.

The F-word (not the four-letter version, but the six-letter derogatory gay term).

Two words that have no place in public discourse.

And potentially two words with serious consequences if used during games in the National Football League. As you may have heard, the NFL is considering instituting a rule where players would be penalized 15 yards for uttering the aforementioned words on the field.

It’s noble what the NFL is attempting to do here.

It’s also absolutely unenforceable.

Picture this scenario: It’s a Sunday night game between the 49ers and Seahawks in Seattle. As you may have heard, CenturyLink Field is undoubtedly the loudest stadium in the league (which is impressive considering it is an outdoor stadium). So noisy, so difficult to play in for opponents, they retired #12 in honor of the fans (the 12th man). That said, it’s no coincidence the reigning champs are 15-1 at home over the past two seasons.

So it’s a tie game in the 4th quarter. Defensive Player X from San Francisco is running across the field to attempt to tackle running back Player Y of Seattle. But before he gets there, he is chopped-blocked at the knees by Player Z, a pulling lineman for the Seahawks. San Fran Player X feels the block was a cheap shot with intent to hurt him, and calls him the N-word for attempting to do so.

But this all unfolds away from the ball, and the referees are focused on what’s happening around Player Y, the Seattle RB. A ref thinks he hears someone yell the N-word, but isn’t sure due to a deafening crowd that once reached a decibel level of 136 (148 can make an ear rupture). But with more than a few players miked up for NFL Films and NBC, the official needs to do something or be reprimanded by his bosses for missing something that may be on tape.

So…he throws a flag on Player A from San Francisco and assesses a 15-yard penalty for illegal use of language. One problem: Player A wasn’t even involved (Player Z was the guilty party)…he just happened to be close by at the time. But again, with 22 players moving at once and 72,000 fans louder than a jet plane, enforcement is not remotely close to being an exact science.

Player A—a veteran who has built a good reputation in the league and is respected by his teammates and opponents alike—is all the rage the next morning on ESPN and even cable news. In our race-obsessed media, the questions are as predictable as the Jets offense: Is Player A a racist? Should he be fined or suspended for saying such a thing? According to Al Sharpton, that should absolutely be the case.

Via: Mediaite.com

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Democrats recruit pro sports leagues for climate push

Democrats in Congress are recruiting a varsity squad of sports officials to help make the case for action on climate change.

Rep. Henry Waxman of California and Sen. Sheldon Whitehouse of Rhode Island are slated to meet Thursday with officials from most of the country’s major sports leagues, including Major League Baseball, the National Basketball Association, the National Hockey League and the National Football League.

They will discuss “the effects of climate change on sporting activities and the work these organizations are doing to reduce their greenhouse gas emissions,” according to a statement.

Waxman and Whitehouse co-chair the Bicameral Task Force on Climate Change, which is a group of lawmakers who advocate for tackling global warming.

Thursday’s closed-door meeting, which will be followed by a press conference, stemmed from a series of 300 letters the task force sent to businesses and other groups in January asking for input on what the federal government should do to address the growing threat of climate change.

The MLB, NBA, NHL and NFL all responded to the letters, according to the lawmakers’ offices, which said they plan to “recognize these organizations for taking the threat of climate change seriously and doing their part to reduce GHG emissions.”

Via: Politico

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Pelosi weighs in on Redskins name

Rep. Nancy Pelosi (D-Calif.) has a suggestion for how to put an end to the controversy surrounding the Washington Redskins’ team name: holding a contest.

“I think we should have a contest for naming,” the House Minority Leader told BuzzFeed’s John Stanton at the website’s “BuzzFeed Brews” event in Washington.

Pelosi, a Baltimore native whose dad was a Maryland congressman said, “I don’t know if there’s any will to change the name, but maybe a good enough name, you never know.”

Several individuals, groups and lawmakers have called on the District’s football team to change the name, citing racial insensitivity.

“The first song that I ever learned to sing outside of church was, ‘Hail to the Redskins,’ ” Pelosi told the crowd.

Pelosi initially declined to weigh in on what she thought the name should be changed to, before pointing to a sign behind her set up for the BuzzFeed Brews event and offered, “How about the Red Brews?”

Via: The Hill

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