Marquette Sports Law Review Volume 20 Article 3 Issue 1 Fall "Mixed Metaphors," Revisionist History and Post- Hypnotic Suggestions on the Interpretation of Sports Antitrust Exemptions: The econdS Circuit's Use in Clarett of a Piazza-like "Innovative Reinterpretation of Supreme Court Dogma" Walter T. Champion, Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Walter T. Champion, Jr., "Mixed Metaphors," Revisionist History and Post-Hypnotic Suggestions on the Interpretation of Sports Antitrust Exemptions: The Second Circuit's Use in Clarett of a Piazza-like "Innovative Reinterpretation of Supreme Court Dogma", 20 Marq. Sports L. Rev. 55 (2009) Available at: http://scholarship.law.marquette.edu/sportslaw/vol20/iss1/3 This Symposium is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact
[email protected]. "MIXED METAPHORS," REVISIONIST HISTORY AND POST-HYPNOTIC SUGGESTIONS ON THE INTERPRETATION OF SPORTS ANTITRUST EXEMPTIONS: THE SECOND CIRCUIT'S USE IN CLARETT OF A PIAZZA- LIKE "INNOVATIVE REINTERPRETATION OF SUPREME COURT DOGMA" BY WALTER T. CHAMPION, JR.* I. INTRODUCTION The United States Supreme Court has a history of misinterpreting cases that involve sports antitrust exemptions. The most infamous antitrust exemption case of this sort is Flood v. Kuhn.I This case "was an antitrust action based on baseball's failure to allow St. Louis Cardinals' outfielder Curt Flood to negotiate his own contract with another team on the basis that 'free agency' in any form, was not permitted under the reserve system." 2 As Curt Flood said, "I should be able to negotiate for myself in an open market and see just how much money this little body is worth.