If Curt Flood were an athlete in any sport other than baseball, he would have certainly won his 1972 Supreme Court antitrust case. Flood wanted the Court to rule that the "reserve clause" that baseball teams used to tie a player to the team that first signed him, and allowed the team to trade the player with no ability to contest it was in violation of federal antitrust laws that prevented such rules.Flood lost his case because the Supreme Court decided an old stupid case that they knew was old and stupid was controlling precedent and shouldn't be overturned. Antitrust law applies to every single sport other than MLB, with the exception of limited antitrust exemptions granted by Congress. Flood v. Kuhn is considered a ridiculous case in many ways.
The first part of the Flood v. Kuhn opinion is a gushing, flowery homage to baseball, done in an attempt to demonstrate baseball's special place in American society. Supreme Court decisions, or any sort of sane and sober judicial opinion, doesn't typically read like a press release for one side of the case.
Curt Flood may not have reaped the benefits of his stand against Major League Baseball, but every player who followed certainly has every time they've negotiated a new contract.
One of the signature chapters in the Curt Flood story -- the story of his historic fight against baseball's reserve clause, and the story of his life overall -- played out in Puerto Rico in December 1969, some two months after the trade from St. Louis to Philadelphia that had, seemingly innocently, started the wheels of change in motion. There, he confronted one of the most significant questions about why he was about to create such a storm for himself, his sport, the industry overall and all of American society.
Something never made sense regarding Curt Flood's lonely march 40 years ago toward helping to create free agency in
What would make a major-league baseball team executive testify in court on behalf of a player threatening to dismantle the system that tilted completely in the teams' favor?
























