“High visibility of professional athletes / negative press of NFL / positive role media”;
Media, Law, and Sports: three categories that become intertwined through analysis of the industry in today’s National Football League. In the recent years, employees of the NFL are quick to be portrayed in a negative connotation due to modern media. With the increasing prevalence of media in today’s day and age, sports fans are becoming exposed to more and more news stories. Being the fast-paced world we live in now, viewers tend to rely on knowledge gained through quick article readings, talk show briefs on car rides, or on a sportscenter breaking news glance. This alone can lead to a strong influence of the media on how consumers view the industry. Also, due to high media volume as well as the high profile nature of today’s professional athletes, actions of NFL employees or players are generally under a microscope and highly visible to the outside world.
The first part of this paper will explore the extraordinarily high visibility of professional athletes. Employees of the sports industry are completely unconcealed to the world likely because of enhanced media prevalence. This means that athletes are held to a higher standard due to media’s tight grasp on the NFL as the lucrative media minefield that it is. It is said that the sports industry affects more people than almost any other industry in the world. Thus, athletes are under more intense scrutiny than most.
Part two will then delve into the negative press of the NFL. More specifically, it will analyze the sad truth that many athletes tend to be above the law as some players are able to get off on crimes because of the high profile nature of the case. Because of this, athletes act more and more like they are above the law and thus feel entitled to commit egregious acts that will likely go without commensurate punishment. Part two will also attempt to solve the underlying reasons behind these facts while also looking into the effect of media on the legal process in many crimes of the NFL.
Part three of the paper will tie criminal acts into the prevalence of character issues within the league. As this is becoming a viable threat to the industry, this part will also examine the connection between media and portrayal of the industry in regards to player image, safety, and overall popularity. This section will also compare the decision making process of signing players with character issues versus the importance of franchise reputation as a moral and economic dilemma.
Lastly, this paper will conclude with a section focusing on the conversely positive role media can take dealing with professional athletes as they attempt to effect great change on their respective communities nationwide. However, this brings up the dichotomy between media’s personification of a player’s persona vs. their true lifestyle reality. The result of this analysis shows how influential the media can be in many aspects of the football and athletic industry especially in the spheres of legal proceedings, player image, and franchise reputation.
Part 1: Hyper-Visibility of Professional Athletes due to Media
Sports are different than any other business or industry in the world for many reasons, but specifically due to the extremely high visibility of its employees, and its high-profile nature. This is mainly the result of unmatched brand loyalty and a die-hard emotional attachment. This means that a majority of people today are at least somewhat connected to the sports world because of one of the above statements. With the 21st century innovations in the media and news spheres, it is nearly impossible to fully escape the social behemoth that is sports headlines.
Sports fans are 67 percent more likely to use social media (facebook, twitter, blogs, instagram) to enhance their viewing experience compared to non-sports fans. These outlets become the hub of consumer reaction and conversation before, during and after the games. This means athletes presence and actions both on and off the field are closely monitored 24/7 by avid sports fans across the globe on all types of mediums.
Specifically, the influence of Twitter as a media platform has been picking up momentum. During 2013, half of Tweets regarding television in the United States which total a 492 million Tweets were about sports events. Such sporting events comprised of 12 of the top 20 “most tweeted about” events throughout the duration of the calendar year although they use significantly less air time.
One of the best and most recent examples of the popularity of sports talk on social media would be “FOMO” or what is more commonly known to the younger generations as “fear of missing out”. When someone is preoccupied with other obligations, viewers and fans will turn to online resources for reactions to a big game or score updates in order to quench the thirst of team loyalty and instant gratification.
Yet, what does that mean for the athletes? With the recent spread of social media outlets ranging from Twitter to Facebook and even to updated mobile news platforms, professional athletes are under the microscope all day, everyday. In reviewing the media industry, it is apparent that reporters, journalists, and writers are mainly interested in the big hit story or the story that will net the most viewership. So, that means monitoring every move, action, and word from high-profile athletes. Everything they say or do is fair game for media coverage no matter if it’s personal or professional, in-season or offseason. Athletes regarded as being a superstar, or a figure of high praise, are especially vulnerable to such scrutiny. These select few gifted athletes tend to make headline news quite frequently, often times for trivial things. The media knows avid and even casual fans will feed off of any news on their famed heroes. In turn, this will go to boost ratings as well as ad dollars.
However, it is also important to note that off-the-field debauchery is not in the recent spike the media tends to show. In an interview regarding media’s portrayal of professional athletes, long-time fans spoke about the craze of alcoholism and a general violence within many sports industries in the past. However, they mentioned that these stories were rarely brought to the forefront of the media. In deeper analysis of this, the idea of media motive and narrative is integral in examination of consumer viewpoint.
Generations ago, sports were still the respite from the daily work life like today. However, the motive of the media was not quite as similar. The reason for this may be as follows: the average salary of a journalist and professional athlete from the 1950’s and into the 70’s remained on a relatively parallel scale. From an average of $6,000 through the 50’s and 60’s to a league minimum of $10,000 in the early 70’s the large chasm between today’s media and player salaries was not evident. There was no incentive to bash NFL players because there was a certain bond between the two industries as they worked more together than they did against each other. Today, this a different story. Incentive for the extra dollar, for the extra view, the extra reader is of utmost importance for every writer or journalist. In the ever so competitive industry media is in the 21st century, captivating stories are hard to come by. Few people will bite at an NFL player having a meal with an old friend, but there are countless consumers ready to read every word of an article about a party, a criminal act, or any action that paints athletes in a negative light.
All of this media centered on professional athletes’ daily lives leads to a plethora of negative press strewn upon the masses to take in “like a free beer at a frat party”, if I may quote hockey announcer Pierre McGuire’s analogy as made famous by media platform Twitter. Furthered in part two of this paper, the many negatives regarding professional football athletes are often blown up by media, and thus have a substantial effect on outside portrayal and ultimately consumer connotation.
Part 2: NFL Crimes and Media Influence
Media depicts the National Football League and its players as being a highly criminal industry. Because consumers see an onslaught of negative press in the NFL coming directly from media, they often are quick to make rash generalizations. Contrary to popular agreement with the previous statement, a study in the Journal of Criminal Justice contradicts the media’s mass portrayal of the NFL’s multitude of criminal acts.
As seen in the graph below, the research found that the overall arrest rate within the NFL is significantly lower than men in the general population. Overall, it appears to be true that NFL players aren't arrested as much as their male peers.
One professor at the University of Texas stated that, “there’s a perception that the NFL has this huge crime problem and that it’s longstanding. That’s what everybody believes, but the data shows that it’s not true.”
Conversely, the problem that does come into play is a different statistic: the severity of crimes in the NFL is higher than the average general population. Meaning, there are higher per capita crimes involved in sexual assault, drug use, and similarly violent and severe crimes.
When it comes to these crimes committed by high profile NFL athletes, the media attaches itself to the stories like a blood sucking leech in order to optimize its liquidity. Media has created a starving appetite in consumers for the personal lives of athletes. Because of this saturation, high volumes and outputs of from media go out into the market regarding the facts as well as opinions about the cases. This then has the ability to greatly influence potential jurors from the pretrial publicity. Impartiality is integral in the judicial system. Pretrial publicity makes it very difficult to maintain this constitutional ideal. Media’s very partial opinions on the matter are littered into the public thus swaying the minds of the less informed laymen. The reactions of the media to many crimes committed by high profile athletes can impact the result of the legal proceeding to great extent. Because of this many athletes can be held to a higher standard than normal. For example, Jameis Winston (Florida State Quarterback and eventual member of the Tampa Bay Buccaneers) was always under the microscope as a probable number one draft pick. During his tenure at FSU, Winston was brought under heavy scrutiny for a petty act of stealing crab legs at a grocery store. Later, Winston was brought on sexual assault and rape charges. As the potential first overall draft pick and obvious number one talent coming out of his class, Heisman winner, these rumors were quickly taken in by multiple media sources. Many media outlets labelled the to-be Buccaneer as a felon with “character-issues”. These rumors began to taint the reputation of the young quarterback’s career. Perception around the world began to condemn the Seminole as his image suffered because of the allegations and media perception. Jameis’ accuser pursued seven million dollars in order for her to drop the case. Both Winston and his lawyer fired back by asserting that this woman was not indeed a victim of sexual assault but instead someone spewing lies in order to gain social fame and copious sums of post-trial cash. Winston then filed a counterclaim against his accuser for lying and damaging his reputation as a high profile athlete who is now being looked at as a high-risk individual. Here it is evident the influence of the media to assert opinions and turn the public’s eye against players.
Other examples of this include two other quarterbacks Tom Brady and Warren Moon. Brady, like Winston, was victim of scrutiny due in large part to media. In last year’s playoff and what is now known to all as the deflategate scandal that saw star quarterback and super-bowl champion at the forefront of the accusations. The media was quick to criticize Tom Brady though evidence was circumstantial at best. Brady’s lawyer went on to claim, "The discipline is ridiculous and has no legitimate basis, in my opinion, this outcome was predetermined; there was no fairness in the Wells investigation whatsoever. There is no evidence that Tom directed footballs be set at pressures below the allowable limits. In fact, the evidence shows Tom clearly emphasized that footballs be set at pressures within the rules." No matter the legal outcome, the media had already done its damage as Brady’s reputation took a nosedive. It just goes to show how much of an influence to the media has on consumer perception even without just reason.
Furthermore, in the case of Warren Moon, and even to a similar extent Ray Rice and Adrian Peterson, players can be used as sacrificial lambs so to speak by being made an example of in courts. Warren Moon was charged with two counts of domestic violence in 1998. AP and Ray Rice were also charged with domestic violence crimes. For Moon, attempts were made by both parties to keep the case on the down low and work it out within their family. Instead, the media grabbed ahold of the case and Moon’s wife and son were essentially forced to testify against their husband and father in the trial. Many jurors even stated they did not believe the case should have even been brought to trial. This brings up an interesting moral issue as the case likely would not have been brought to trial if it had been of a high-profile nature with Moon involved. In all of these scenarios, the media tends to blow crimes way out of proportion and thus getting similarly exacerbated in the eyes of those indirectly involved i.e. police, jurors, etc.
On the flip side, in many instances, when professional athletes engage in criminal acts, they are let off with minimal punishment. A Washington Post survey analyzing collegiate and professional behavioral reports revealed that only 1 out of 141 athletes reported to authorities during the time period of the survey were ever disciplined by his sports team or league."
It is even the case that high-profile athletes tend to use their status as an NFL player to receive preferential treatment. For example, when being confronted about their behavior, it is common for their actions to overlooked by police solely due to a player’s notoriety. Phrases like, “Officer, do you know you I am?” or “Sir, I play for…” often get them off easy. These are a few examples of how player’s high profile nature can be used to pick holes in the criminal justice system. Situations like this are the epitome of why NFL players act with the mindset that they can do what they want, when they want because they will not be punished for it, as bad as it sounds, most frequently, this rings true. Some recent concrete examples of this are players like Aldon Smith, Adam “Pac Man” Jones, and Greg Hardy.
Aldon Smith has been arrested on DUI charges three different times. Along with three felony counts of possession of an assault weapon and administering a bomb threat at the LAX airport in Los Angeles, one would assume he has served some serious jail time. But only after a recent hit and run charge and fifth arrest will he face the “possibility” of jail time. A meager one-year suspension will take Smith out of the NFL but, the Raiders say he remains in their long term plans. This kind of absurdity must be dealt with immediately.
Adam “Pacman” Jones has been arrested eight times. One includes accusations of grabbing a stripper by the hair at a nightclub and slamming her head against the stage. He has also threatened to the life of a security guard, who was later shot by a member of Jones’ crew. Jones has spat in a woman's face, punched a woman, had fights with his own body guard, but has never done any serious time. You cannot be serious, how can this be allowed?
Lastly, Cowboys defensive end Greg Hardy who was arrested in 2014 for assaulting a female and threatening to kill his girlfriend while choking her, dragging her body across the floor and finally tossing her onto a bed of weapons, was sentenced to probation and later had the charges dropped. Hardy who remains in the NFL causing trouble on a weekly basis is a problem the NFL refuses to take care of.
Because of both of these problems, there exists a third issue in NFL crimes as a result of inevitable media attention. In the case of many sexual assault crimes, victims feel pressured and are scared to come out about what was done to them. Often times, women sexually assaulted by NFL players will feel pressured to hold it in because of eminent media or fan scrutiny. Frankly, women do not want to be put in a position where their direct actions can cause fan uproar. They do not want to known as the person that took a star athlete off the field because of a rape charge. The prevalence of this is way too real. As a prime example, Steelers quarterback Big Ben Roethlisberger has had a run-in with sexual assault on two separate occasions. The first time a plea settlement was agreed upon. The latter, a 2011 incident, charges were dropped because the accuser was afraid of the impending media scrutiny. The fact that this exists is appalling. It is a moral issue that will keep growing if not resolved. People should always feel comfortable to confront authorities about their rights and well being. People feeling this way because of media, is a problem.
The question that needs to be answered now is: why? The simple answer, entitlement. Athletes are conditioned to have little regard for rules and authority throughout their whole lives. Starting from high school, athletes are given the flexibility to not attend class, not turn in assignments, slack off, without punishment. Coaches even make it clear to teachers that athletics comes first and that the student-athletes need to pass in order to be eligible. The problem here is that it actually works. Schools realize that these athletes provide entertainment and mainly monetary impact on the institution and thereby would be creating an unacceptable negative externality if they pursue punishment for breaking rules, misbehavior, or classroom negligence. This perpetuates the idea that as an athlete, they are above the rules. This isn’t the only football subculture that conditions the mental state of many athletes. There is also something to be said about treatment of women.
What is the most popular high school sport in the United States? Football. What is the most popular collegiate sport in the United States? Football. What is the most popular professional in the United States? Football. What qualities do many women like in a male? Fame and money. Who has a lot of both of these? Football players. It is the harsh reality that women flock to high-profile athletes with potential. Athletes go through high school and college with women running to them. Because of this, it creates a sense of entitlement. Girls at their beck and call for them to have whenever they want. From their experience, they don’t know any different. So, when an athlete gets a “no” from a girl, the athletes still feels like he deserves and is entitled to any girl he wants because he is a famous football player. To be very clear, this is not always the case, but it can serve as one of the many roots to a problem that is sweeping the sports world.
Ultimately, the problem today is that athletes are literally being taught and conditioned to believe that "'money, power and fame can get them out of any trouble."
Part three will take the findings of character conditioning and apply it the inevitable threat to the sports industry and how media works to expedite this process.
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