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John Kerry Threatens The NFL
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Rob - 07:12pm on 12/24/2007
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This could just be the most important legislation John Kerry has ever had anything to do with.

It’s a B*ll Sh*t piece of legislation but John Kerry is a B*ll Sh*t piece of a legislator and other than marrying rich widows this is his crowning glory.

*bert

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BERT CONVY - 08:12pm on 12/24/2007

John Kerry barely has enough clout to get his name in the paper.

Bat One - 08:12pm on 12/24/2007

There’s that Kerry making himself almost relevant.

The Whistler - 08:12pm on 12/24/2007

Geezz you guys why so much vitriol?
Does the NFL get special treatment in the US tax code? If yes then maybe congress should repeal whatever it is they are getting. Then we can demand that the polititians stop their medling.

ellinas - 09:12pm on 12/24/2007

Why attack Kerry? He is a Leftist, the Leftist Democrat Party does not believe in capitalism or fair market principles, and I see nothing dishonest about his wanting the Super Bowl on public television, maybe Left Wing PBS. or is the Partisan Bull Shit network.

Neiman - 09:12pm on 12/24/2007

Not to be “pedantic” but the NFL (as were most major sports leagues) were given an exemption to the anti-trust requirements most other businesses have to observe in exchange for direct congressional oversight.

A day earlier, a letter to the NFL from two powerful members of the Senate Judiciary Committee—Sen. Patrick Leahy, D-Vt., and Sen. Arlen Specter, R-Pa.—threatened to reconsider the league’s antitrust exemption if it didn’t make games on the network available to more viewers.
http://www.caller.com/news/2007/dec/21/game-on-well-it-might-be----on-tv-that-is----if/

Thus, in order to avoid competition they answer to congress.  This is very good for them.

Being a firm believer in markets I would prefer competition in the television broadcasting of sports, but considering their legally questionable rights statement on their broadcasts (you can barely watch the show with friends - and it may be completely illegal in a bar - without crossing their line) it is doubtful that any competition is going to happen soon. 

This same exemption in return for oversight is the same reason Congress is looking into the steroids as much as they are. 
DKK

LifeTrek - 09:12pm on 12/24/2007

Should? Yes. Must? No. Chief Justice Justice Marshall wrote in Gibbons v. Ogden (1824),

(The commerce clause), like all other power

, is complete in itself, may be exercised t its utmost extent, and acknowledges no limitations, other then are prescribed in the constitution.”

The constitution argument that most or all private property is constitutionally protected does not emanate from the founders but from revisionists of the late 19th century. These activists judges, who invalidated state minimum wage and monopoly laws, were the conservative equivalents of todays left wing activist judges.

I may just be being overly literally, as is typical of me :/.

Jim - 09:12pm on 12/24/2007

Not to be “pedantic” but the NFL (as were most major sports leagues) were given an exemption to the anti-trust requirements most other businesses have to observe in exchange for direct congressional oversight.

Your link aside I thought that the anti-trust exemption was only granted to baseball. 

Furthermore I deny that the NFL, MLB or any other sports franchise is a monopoly.  In what way would the be a monopoly.  The customer has numerous choices to spend his entertainment dollar from other professional athletics, amateur athletics, motor racing, movies, TV and in some people’s cases the infernalnet.

The Whistler - 10:12pm on 12/24/2007

Whistler, you are correct when it applies to the running of the business on a city by city basis, MLB is the only sport with that exemption.

However there is an exemption granted by congress in 1961 for the broadcast of league wide TV events.

2.  1961 Sports Broadcasting Act

1. Section 1291 gives antitrust exemption to the four leagues for any league-wide TV deals (so you can’t sue the NFL for signing with CBS).
1. This covers only “sponsored telecasting”, which is network and public television.
2. Everything else (cable, pay-per-view, satellite, etc.) falls under antitrust scrutiny, probably RoR.
3. This covers only football, basketball, baseball, and hockey.
2. Section 1292 (consistent with U.S. v. NFL) – games can only be blacked out when the home team is playing at home.
3. Enlarges league-wide revenues and more equitable distribution of funds; passes RoR.
4. Note that ESPN games are not expressly legal, but probably survive RoR b/c pro-competitive.
5. Revenue sharing probably tied into SBA.

(pdf file)
http://www.google.com/url?sa=t&ct=res&cd=6&url=http://www.pennlawoutlines.com/bank/briggs_sports_law_2005.doc&ei=V5VwR6KsEIjegQK18ZA1&usg=AFQjCNFsa1xxiazzcBj_D5HcJyXUv9sxYA&sig2=yS6dUnLT3YG4CCeQV4WlPw

Regarding the monopoly issue, if you can find other sports on broadcast television worth watching good luck. 

That is what we are talking about, free broadcast on the public airwaves.  Since they were granted the exemption Senators are saying they need to reconsider the exemption on broadcast since they aren’t making broadcasts available as they were when the law was written.
DKK

LifeTrek - 10:12pm on 12/24/2007

Geezz you guys why so much vitriol?
Does the NFL get special treatment in the US tax code? If yes then maybe congress should repeal whatever it is they are getting. Then we can demand that the polititians stop their medling.

I’m of the opinion that the NFL shouldn’t get special treatment, nor should Congress meddle in its affairs.

Rob - 11:12pm on 12/24/2007
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