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Despite Embarrassing Situation, Brandon Spikes Should Not Be Punished For Video Scandal

FOXBORO MA - AUGUST 26:  Michael Hoomanawanui #86 of the St. Louis Rams scores a touchdown as Brandon Spikes #55 of the New England Patriots defends on August 26 2010 at Gillette Stadium in Foxboro Massachusetts.  (Photo by Elsa/Getty Images)

As you've probably heard, Patriots inside linebacker Brandon Spikes has been involved in a video scandal, involving him and another woman and a website called Chatroulette.  That's as far as I'm going with this one, as like I've said, you've probably heard the story by now.

Originally, I opted not to report on the situation.  But upon further thinking, I think something needs to be said.  While what Spikes did was embarrassing, stupid, and immature, he did it while at his college days.  The video was before he turned pro.  But according to NFL Spokesman Greg Aiello, the league is "looking into" the Spikes situation.

Really?  Could the situation affect the league's image.  I suppose.  Is there anything Spikes did wrong since entering the league itself?  Absolutely not.  Had the video turned up while he was playing at Florida, he could have subject to their disciplinary system.  But because it turned up when it did, he was not.  That still doesn't mean he should be punished for something that by the time he entered the league, was 100% out of his control.

What I wouldn't be opposed to is Spikes having a meeting with NFL commissioner Roger Goodell.  After all, Goodell has to protect the league's image, so meeting with Spikes is probably a good idea, to ensure that type of thing wouldn't happen again (although I doubt it would anyway).

Star-divide

I also want to point out a weird double standard that Spikes is being held to.  Brett Favre had allegedly sent out inappropriate pictures and text messages to a Jets employee during his stint with the team in 2008.  While his sexual harassment (and I should point out that Spikes did nothing of that sort), was during his time in the league, and would therefore make him subject to the NFL's disciplinary system, it doesn't seem that the league is doing much about it.  Mike Florio of ProFootballTalk.com also offered his two cents on the Spikes/Favre double standard:

But with the league acknowledging that it's "looking into" the videotape created by Patriots linebacker Brandon Spikes before he even entered the league, several of you raised with us a very good question -- is the league also investigating Favre?

In Favre's case, he was employed in the league at the time the alleged conduct occurred, and the alleged target of it was an employee of the Jets when it happened.

So we asked NFL spokesman Greg Aiello about it. And here's what he said, via e-mail: "One can assume that we look into everything that is relevant, whether we say so or not. This is not a confirmation of anything."

Frankly, the league would have no choice but to look into it. If true (and we're not saying that it is), the allegations could amount to an actionable case of sexual harassment. Some may be confused, however, by the league's willingness to acknowledge an investigation of some players but not others.

Of course, I don't want to overreact to the Spikes situation just yet.  However, if punishment is handed down to Spikes, there will be something seriously wrong.

Poll
Should Brandon Spikes be punished by the league for his video scandal?
Yes, he should be suspended
18 votes
Yes, but only a fine
52 votes
No, he wasn't in the league at the time of the incident
718 votes

788 votes | Poll has closed

Comment 65 comments  |  0 recs  | 

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If the NFL is going to look into something like this, it really comes down to two things:

1) Did Spikes do anything illegal? For instance, was the girl underaged? Was she aware that he was taping her — if, in fact, he was the one taping it?

2) Who uploaded the video to the internet?

If nothing Spikes did was illegal, the NFL needs a hell of a good reason to punish him in any way. And if he didn’t do anything illegal and he wasn’t even the person to upload the video, then the league doesn’t have a leg to stand on — under those circumstances, he’s far more likely to be the victim of a crime, like extortion. On the other hand, if he did upload the video himself, that’s a scummy thing to do, but it doesn’t necessarily warrant sanctions from the NFL.

And although it makes it a lot harder to justify any punishment the league would want to mete out, I don’t think it’s dispositive that the tape was made before Spikes was in the league. Players who test positive for illegal substances before they’ve been signed still enter the league’s drug program, and guys who are out of the league can be kept out if they do something wrong (though that would tend to apply to guys like Plaxico Burress, Michael Vick, or Adam Jones, who end up out of the league in the first place because they did something wrong). If we were to find out, for instance, that the girl was under 18, I guarantee you the league would suspend Spikes whether or not he’s prosecuted and no appeal would matter.

by RSNexile on Sep 2, 2010 9:32 AM EDT reply actions  

If Spikes had anything to do with uploading the video to the internet, you'd have to question his intelligence.

There is zero to be gained and much to be lost.

The fact that some guy tried to sell the video makes me think that Spikes knew nothing about it.

My life has been a trivial pursuit. Trivia: where three roads meet.
The more you know, the more you know that you don't know.

by SlotMachinePlayer on Sep 2, 2010 11:08 AM EDT up reply actions  

lol

why dont you watch the video for us and tell us

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life

by NinjaZX6R on Sep 2, 2010 1:55 PM EDT up reply actions  

I'm surprised he didn't try to sell it to Spikes...

especially if Spikes had an endorsement deal that may or may not have been tanked by bad publicity.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 12:42 AM EDT up reply actions  

True, but it's also fairly quiet.

And arguably stealing/copying/getting a hold of private/personal tapes and trying to sell it to a gossip-mongering website is illegal, too, depending on a variety of things – how the person got the tape (theft?), any and all laws involving privacy, breach of confidence or misuse of personal information, and even copyright infringement.

You think someone who gets a hold of a tape like that and promptly tries to sell it to a website is going to be lily-white in terms of the laws involving extortion?

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 1:36 AM EDT up reply actions  

I think the reason

that there’s a difference between Spikes and Favre is that there is actually evidence of the Spikes incident and he made it public. There’s nothing to prove that the Favre thing actually happened. Neither Sterger or Favre participated in the Deadspin story (wilingly). So, without evidence or corroboration from the active parties, their account is nothing more than hearsay.

by Nick Underhill on Sep 2, 2010 9:33 AM EDT reply actions  

Did he make it public? Did he even know he was being recorded?

What we know:
There is evidence of an incident involving someone that looked like Spikes.
By the words of his agent (who did not deny it was Spikes), we get something of a confirmation that it was Brandon.

The rest is conjecture.

My life has been a trivial pursuit. Trivia: where three roads meet.
The more you know, the more you know that you don't know.

by SlotMachinePlayer on Sep 2, 2010 11:12 AM EDT up reply actions  

The league is investigating

whether there was anything illegal, the time frame of the incident, and whether it was Spikes himself who uploaded the video (and if he did then when did he do it.)

It was explained to me that a lot of people don’t know that their exploits done in front of their webcam, even if they didn’t record or save it themselves, can be recorded and saved by others. They may think it’s for a one-time live audience of whatever voyeurs are online at that moment but obviously that’s not always the case.

This doesn’t seem to have been done with consequences in mind or with his best judgment on display. Without any criminal charges filed by anyone, if it proves out that it was a pre-draft incident that was released by a third party without his consent, Spikes should in no way be disciplined or fined by the league.

By now, with the loss of his marketing deal with Reebok and the public embarrassment it brought on, Spikes has seen the error of his ways. Goodell could reiterate the NFL’s conduct policy to him but that’s about as far as it should go, if it needs to go that far at all.

Keep the faith!

by Marima on Sep 2, 2010 10:22 AM EDT reply actions  

ya know, I was thinking the same thing -

8 kids by 6 different women? That’s okay, but the internet tape (that wasn’t intended to be out there forever) isn’t. That’s a hard line to draw and Goodell would need the wisdom of Solomon and more hours than the day is long to sort it all out.

Keep the faith!

by Marima on Sep 2, 2010 10:51 AM EDT up reply actions  

....

http://www.youtube.com/watch?v=oZ47LdpkDog&feature=related

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life

by NinjaZX6R on Sep 2, 2010 1:56 PM EDT up reply actions  

i remember 8 kids with 7 women

by prioris on Sep 2, 2010 3:25 PM EDT up reply actions  

lmao...recd

i assume he impregnated those chicks in 2007 and that was the season where he had 10+ ints….so i could assume that he went out celebrating

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 2, 2010 5:18 PM EDT up reply actions  

A lot of road games....

My life has been a trivial pursuit. Trivia: where three roads meet.
The more you know, the more you know that you don't know.

by SlotMachinePlayer on Sep 2, 2010 5:35 PM EDT up reply actions  

All those women in one year?

He’d be lucky if the 10 interceptions were the only things he caught.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 1:41 AM EDT up reply actions   2 recs

heared an earthquake hit your country

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 6:33 PM EDT up reply actions  

Mhmm, fairly big one - 7.1

No fatalities (mainly because it was 4 in the morning), but one guy did have his chimney fall on him, and he’s in intensive care. A lot of the brick heritage buildings of the city are messed up; it was settled by English straight out of Oxford and Cambridge so it’s full of pretty brick churches and such, and a lot of them are damaged. Quite a shame.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 8:28 PM EDT up reply actions  

heared it was in the southern part of the island

which part do you live in….saw the damages on the news

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 11:06 PM EDT up reply actions  

Bottom of the North Island - Wellington

It was felt further north than me, so I guess if I’d been awake at 4.35am I might’ve noticed.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 11:12 PM EDT up reply actions  

I am indeed - Wellington, specifically

Welcome aboard the Pulpit.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 11:10 PM EDT up reply actions  

i'm glad there was no tsuamis

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 11:12 PM EDT up reply actions  

Yeah, it could've made quite a mess of the coast

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 11:13 PM EDT up reply actions  

If Goodyear does anything to this kid then he just assured me he has no clue what to do as commish

That wasn’t the best decision by Spikes, but this is something all kids do with today’s technology. I’m not sticking up for Spikes, but that’s ridiculous for this to even be investigated IMO

I bleed gatorade and poop pigskins

by Yardpenalty.com on Sep 3, 2010 2:39 PM EDT up reply actions  

This issue presents a very fine line for the NFL.

He didn’t do anything illegal, but Spikes did acknowledge doing something widely considered inappropriate. He broadcast himself online while engaging in a sex act. While it wasn’t a “public” broadcast, in the sense that a theoretically infinite number of anonymous people could log on and see the live streaming feed at their will, it was on a site accessible to any number of anonymous people. Although he was only directly streaming the video to one person, once that person exits out of the feed, it automatically jumps to another person. This is where it becomes problematic for Spikes and the NFL: that next person could be a 14 year old just playing around on the internet. Now, you would be engaging in illegal activity. Of course, there’s no proof that this sort of thing happened, but with the way the site works, it is a distinct possibility.

So the NFL has a tough choice to make. One guy captured a portion of the live feed that Spikes & Friend sent out onto the internet. Who knows who may have seen the feed before this guy and after this guy. The NFL might want to cover its ass and say “Because what you did was so irresponsible, with so great a chance of exposing minors to danger, we have to suspend you.” They also might say, “Because there is no proof of anything illegal, we’re letting you off this time with a stern warning.” I think the latter is the more reasonable approach, but Goodell has shown a propensity to err on the side of caution when it comes to protecting the league’s image.

by nbradley07 on Sep 2, 2010 10:57 AM EDT reply actions  

I ont see how the NFL should punish him

he did nothing illegal

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by bestbostonsports on Sep 2, 2010 1:34 PM EDT reply actions  

keep in mind...

    the the NFL has a conduct policy. You don’t have to do something illegal to face disciplinary action. Take the Steelers QB. No files have been charged, noone is getting arrested, therefore no law has officially been broken. However, his actions were deemed to have broken the league conduct policy, so he got the suspension. Then ya got Vince Young, who has had off field issues already, getting into a brawl at a club that he more or less started, but did not face any disciplinary action
    I can see where the league hates to see the Spikes vid, but there seems to certainly be some questions about it, as to how private it was supposed to be etc. I guess we’ll see how it shakes out. All i know is that without knowing to many details, I hope it;s a slap on the wrist and no playing time lost. I will say that I think we have the best depth at inside Linebacker than anywhere but wide receiver, so I’m glad Butler or Mccourty are not involved.
    By =the way, I’m starting a rumour that Tom Tebow was the camera man.

by furiousd on Sep 2, 2010 2:11 PM EDT reply actions  

Haha - no files were charged?

With Roethlisberger, his situation wasn’t benign by any standards, there was a police investigation involved and several accusers. With Spikes, it’s a completely different situation.

Keep the faith!

by Marima on Sep 2, 2010 4:07 PM EDT up reply actions  

plus Roethlisberger is a 2 time superbowl winning QB

and spikes is a rookie inside linebacker
Roger Godell said a quaterback has a stronger image to uphold, and so theres no way his punishment should be close to Roethlisberger

by Patsfan4life on Sep 2, 2010 5:10 PM EDT up reply actions  

Urban Meyer ought to take away his scholarship.

Shawn Camp earned my dog several beatings back in 2007

by wtbudlight on Aug 30, 2010 5:54 PM PDT

by IntrepidX on Sep 2, 2010 4:02 PM EDT reply actions  

I'm not trting to draw an equivalent....

…I’m just pointing out how the conduct policy is a little vague, so we don’t quite know what to expect here. Secondly, i am in now way, shape or form trying to defend Rapelesberger.
    just sayin that when all was said an done there is no record of any illegal wrongdoing(although if my facts are strait there was), and yet he still got a suspension. As far as the quarterback image issue, well how about Vince Young? As I mentioned earlier, beat up a guy, or tried to, with his posse, because the guy(i believe the bouncer at the establishment) flashed him some upside down “hook em horns”, which is apparently a grave insult to Texas U. Vince is a guy who already has off field incidents and issues, and yet he got nothing.
    Actually what’s interesting here is that in Young’s case, there was an actual video on the brawl. No nudity though, I’m led to believe.
    By the way, Tim Tebow possibly held the camera in the Spiked video.

by furiousd on Sep 2, 2010 6:32 PM EDT reply actions  

Well...

Sanchez did attend a Justin Bieber concert recently. Just sayin…

Keep the faith!

by Marima on Sep 2, 2010 8:33 PM EDT up reply actions  

and jets fans make funny of tb's haircut (since it looks like bieber's)

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 12:31 AM EDT up reply actions  

Whereas Sanchez just throws like him.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 12:43 AM EDT up reply actions  

Well here are the facts

He was on the road somewhere, met a fine young lady friend, brought her back to his room and had a “good time” with her.

This is something that probably 60-70% of football players do (not NFL, but FOOTBALL players – high school, college, pros…) now and again.
Indeed, the next morning he and his buddies probably had a good laugh about their late night shenanigans the night before. Sure, jokes on him now seeing as he lost his endorsement deal and is facing punishment, but the point is, its not “serious” act.

Its not illegal, and its not overtly offensive – cause if you think about it, the type of people who would be offended by it wouldnt be hunting down the tape, and the people who do watch it aren’t exactly going to think any less of the NFL or its image because of this.

If anything, its just embarassing for Spikes that it came to public light, but I don’t see on what grounds the league has to argue that this incident hurts the NFL’s image when I think most people know and realise football players (heck, most college kids) get up to this sort of thing on a pretty regular basis..

by j-ace on Sep 2, 2010 9:29 PM EDT reply actions  

never had reebok deal

by prioris on Sep 2, 2010 10:09 PM EDT up reply actions  

i should ban you for that comment

lol…just kidding….first day on the job and i have banned 2 spammers already…wohooo

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 12:35 AM EDT up reply actions  

The powerrrrr, the absolute powerrrrrrrrrrrrrr

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 12:43 AM EDT up reply actions  

now i can ban those annoying spammers from china

Non Sibi Sed Patriae.
I love my ZX-6r Kawasaki.
I bleed Scarlet and Grey...A Buckeye for Life
Hang on sloopy, sloopy hang on.. O H I O

by NinjaZX6R on Sep 3, 2010 12:57 AM EDT up reply actions  

BTW congratulations Ninja on the new post.

My life has been a trivial pursuit. Trivia: where three roads meet.
The more you know, the more you know that you don't know.

by SlotMachinePlayer on Sep 3, 2010 10:54 AM EDT up reply actions  

Yes, Congrats!

Be careful with that banhammer or you’ll shoot your eye out. ; )

Keep the faith!

by Marima on Sep 3, 2010 11:33 AM EDT up reply actions  

a bit touchy over there,huh?

No sense of humor at all

Keep the faith!

by Marima on Sep 3, 2010 7:45 PM EDT up reply actions  

Something smells phishy.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 8:29 PM EDT up reply actions  

I am an emotional guy I admit, but I wasn't as you call it trolling....

Actually there was a Colts fan that hangs out at the Phin and I guarantee he had something to do with it. He has been here before he has a Bob Sanders pic I believe. I come here to talk football with some cool fans and sometimes I like to read about other teams and get information.

I bleed gatorade and poop pigskins

by Yardpenalty.com on Sep 4, 2010 4:46 PM EDT up reply actions  

Yup and I just got the same treatment at the Cards. I wished em luck...

Well I just want you guys to never be like some of trashier blogs in SB. I’m sorry I have no problem taking team criticism when it holds weight. I remember painting my war paint at the Silverdome and a Cheese head took pictures of me and buddies and it was cool. Now a days you got ignorance and hatred throughout the entire country. I hope you guys out there on the coast be safe with Earl and all and I pray for my fellow conrads. I’m out….

I bleed gatorade and poop pigskins

by Yardpenalty.com on Sep 4, 2010 4:42 PM EDT up reply actions  

Congratulations, mate.

Token southern hemisphere guy - 14,688km from Foxboro. That's 9128 miles, for you heathens.

by Comedic.Sans on Sep 3, 2010 8:29 PM EDT up reply actions  

Even as a fan of a division rival

I don’t think Spikes should be punished for this.

The player I would like least at #9 would be my sister’s cat, Captain Creamsicle. She does have a great work ethic and agility, but I’m really concerned that at 9 lbs., she’s too small to play safety in the NFL. She also bites way too often on play action and is easily distracted by someone waving string in the crowd. Lastly, her wonderlic score was pretty awful, answering "meow meow meow" for most of the questions- Dr. Brackish Okun

by mob16151 on Sep 2, 2010 10:20 PM EDT reply actions  

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