Flood v. Kuhn 71 8212 32

Citation407 U.S. 258,92 S.Ct. 2099,32 L.Ed.2d 728
PartiesCurtis C. FLOOD, Petitioner, v. Bowie K. KUHN et al. No 71—32
Decision Date19 June 1972
CourtUnited States Supreme Court
Syllabus

Petitioner, a professional baseball player 'traded' to another club without his previous knowledge or consent, brought this antitrust suit after being refused the right to make his own contract with another major league team, which is not permitted under the reserve system. The District Court rendered judgment in favor of respondents, and the Court of Appeals affirmed. Held: The longstanding exemption of professional baseball from the antitrust laws, Federal Baseball Club v. National League, 259 U.S. 200, 42 S.Ct. 465, 66 L.Ed. 898 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356, 74 S.Ct. 78, 98 L.Ed. 64 (1953), is an established aberration, in the light of the Court's holding that other interstate professional sports are not similarly exempt, but one in which Congress has acquiesced, and that is entitled to the benefit of stare decisis. Removal of the resultant inconsistency at this late date is a matter for legislative, not judicial, resolution. Pp. 269—285.

443 F.2d 264, affirmed.

Arthur J. Goldberg, Washington, D.C., for petitioner.

Paul A. Porter, Washington, D.C., for respondent Bowie K. Kuhn.

Louis L. Hoynes, Jr., New York City, for other respondents.

Mr. Justice BLACKMUN delivered the opinion of the Court.

For the third time in 50 years the Court is asked specifically to rule that professional baseball's reserve system is within the reach of the federal antitrust laws.1 Collateral issues of state law and of federal labor policy are also advanced.

I The Game

It is a century and a quarter since the New York Nine defeated the Knickerbockers 23 to 1 on Hoboken's Elysian Fields June 19, 1846, with Alexander Jay Cartwright as the instigator and the umpire. The teams were amateur, but the contest marked a significant date in baseball's beginnings. That early game led ultimately to the development of professional baseball and its tightly organized structure.

The Cincinnati Red Stockings came into existence in 1869 upon an outpouring of local pride. With only one Cincinnatian on the payroll, this professional team traveled over 11,000 miles that summer, winning 56 games and tying one. Shortly thereafter, on St. Patrick's Day in 1871, the National Association of Professional Baseball Players was founded and the professional league was born.

The ensuing colorful days are well known. The ardent follower and the student of baseball know of General Abner Doubleday; the formation of the National League in 1876; Chicago's supremacy in the first year's competition under the leadership of Al Spalding and with Cap Anson at third base; the formation of the American Association and then of the Union Association in the 1880's; the introduction of Sunday baseball; interleague warfare with cut-rate admission prices and player raiding; the development of the reserve 'clause'; the emergence in 1885 of the Brotherhood of Professional Ball Players, and in 1890 of the Players League; the appearance of the American League, or 'junior circuit,' in 1901, rising from the minor Western Association; the first World Series in 1903, disruption in 1904, and the Series' resumption in 1905; the short-lived Federal League on the majors' scene during World War I years; the troublesome and discouraging episode of the 1919 Series; the home run ball; the shifting of franchises; the expansion of the leagues; the installation in 1965 of the major league draft of potential new players; and the formation of the Major League Baseball Players Association in 1966.2

Then there are the many names, celebrated for one reason or another, that have sparked the diamond and its environs and that have provided tinder for recaptured thrills, for reminiscence and comparisons, and for conversation and anticipation in-season and off-season: Ty Cobb, Babe Ruth, Tris Speaker, Walter Johnson, Henry Chadwick, Eddie Collins, Lou Gehrig, Grover Cleveland Alexander, Rogers Hornsby, Harry Hooper, Goose Goslin, Jackie Robinson, Honus Wagner, Joe McCarthy, John McGraw, Deacon Phillippe, Rube Marquard, Christy Mathewson, Tommy Leach, Big Ed Delahanty, Davy Jones, Germany Schaefer, King Kelly, Big Dan Brouthers, Wahoo Sam Crawford, Wee Willie Keeler, Big Ed Walsh, Jimmy Austin, Fred Snodgrass, Satchel Paige, Hugh Jennings, Fred Merkle, Iron Man McGinnity, Three-Finger Brown, Harry and Stan Coveleski, Connie Mack, Al Bridwell, Red Ruffing, Amos Rusie, Cy Young, Smokey Joe Wood, Chief Meyers, Chief Bender, Bill Klem, Hans Lobert, Johnny Evers, Joe Tinker, Roy Campanella, Miller Huggins, Rube Bressler, Dazzy Vance, Edd Roush, Bill Wambsganss, Clark Griffith, Branch Rickey, Frank Chance, Cap Anson Nap Lajoie, Sad Sam Jones, Bob O'Farrell, Lefty O'Doul, Bobby Veach, Willie Kamm, Heinie Groh, Lloyd and Paul Waner, Stuffy McInnis, Charles Comiskey, Roger Bresnahan, Bill Dickey, Zack Wheat, George Sisler, Charlie Gehringer, Eppa Rixey, Harry Heilmann, Fred Clarke, Dizzy Dean, Hank Greenberg, Pie Traynor, Rube Waddell, Bill Terry, Carl Hubbell, Old Hoss Radbourne, Moe Berg, Rabbit Maranville, Jimmie Foxx, Lefty Grove.3 The list seems endless.

And one recalls the appropriate reference to the 'World Serious,' attributed to Ring Lardner, Sr.; Ernest L. Thayer's 'Casey at the Bat';4 the ring of 'Tinker to Evers to Chance';5 and all the other happenings, habits, and superstitions about and around baseball that made it the 'national pastime' or, depending upon the point of view, 'the great American tragedy.'6

II The Petitioner

The petitioner, Curtis Charles Flood, born in 1938, began his major league career in 1956 when he signed a contract with the Cincinnati Reds for a salary of $4,000 for the season. He had no attorney or agent to advise him on that occasion. He was traded to the St. Louis Cardinals before the 1958 season. Flood rose to fame as a center fielder with the Cardinals during the years 19581969. In those 12 seasons he compiled a batting average of .293. His best offensive season was 1967 when he achieved .335. He was .301 or better in six of the 12 St. Louis years. He participated in the 1964, 1967, and 1968 World Series. He played errorless ball in the field in 1966, and once enjoyed 223 consecutive errorless games. Flood has received seven Golden Glove Awards. He was co-captain of his team from 19651969. He ranks among the 10 major league outfielders possessing the highest lifetime fielding averages.

Flood's St. Louis compensation for the years shown was:

                    1961              $13,500     (including a bonus for signing)
                 
                    1962              $16,000
                 
                    1963              $17,500
                 
                    1964              $23,000
                 
                    1965              $35,000
                 
                    1966              $45,000
                 
                    1967              $50,000
                 
                    1968              $72,500
                 
                    1969              $90,000
                 
                

These figures do not include any so-called fringe benefits or World Series shares.

But at the age of 31, in October 1969, Flood was traded to the Philadelphia Phillies of the National League in a multi-player transaction. He was not consulted about the trade. He was informed by telephone and received formal notice only after the deal had been consummated. In December he complained to the Commissioner of Baseball and asked that he be made a free agent and be placed at liberty to strike his own bargain with any other major league team. His request was denied.

Flood then instituted this antitrust suit7 in January 1970 in federal court for the Southern District of New York. The defendants (although not all were named in each cause of action) were the Commissioner of Baseball, the presidents of the two major leagues, and the 24 major league clubs. In general, the complaint charged violations of the federal antitrust laws and civil rights statutes, violation of state statutes and the common law, and the imposition of a form of peonage and involuntary servitude contrary to the Thirteenth Amendment and 42 U.S.C. § 1994, 18 U.S.C. § 1581, and 29 U.S.C. §§ 102 and 103. Petitioner sought declaratory and injunctive relief and treble damages.

Flood declined to play for Philadelphia in 1970, despite a $100,000 salary offer, and he sat out the year. After the season was concluded, Philadelphia sold its rights to Flood to the Washington Senators. Washington and the petitioner were able to come to terms for 1971 at a salary of $110,000.8 Flood started the season but, apparently because he was dissatisfied with his performance, he left the Washington club on April 27, early in the campaign. He has not played baseball since then.

III The Present Litigation

Judge Cooper, in a detailed opinion, first denied a preliminary injunction, 309 F.Supp. 793 (S.D.N.Y.1970), observing on the way:

'Baseball has been the national pastime for over one hundred years and enjoys a unique place in our American heritage. Major league professional baseball is avidly followed by millions of fans, looked upon with fervor and pride and provides a special source of inspiration and competitive team spirit especially for the young.

'Baseball's status in the life of the nation is so pervasive that it would not strain credulity to say the Court can take judicial notice that baseball is everybody's business. To put it mildly and with restraint, it would be unfortunate indeed if a fine sport and profession, which brings surcease from daily travail and an escape from the ordinary to most inhabitants of this land, were to suffer in the least because of undue concentration by any one or any group on commercial and profit considerations. The game is on higher ground; it behooves every one to keep it there.' 309 F.Supp., at 797.

Flood's application for an early trial was granted. The court next deferred until trial its decision on the defendants' motions to dismiss the primary causes of action, but granted a defense motion for summary judgment on an additional...

To continue reading

Request your trial
197 cases
  • Nash v. City of Santa Monica
    • United States
    • United States State Supreme Court (California)
    • 25 Octubre 1984
    ...city relies on the district court opinion in Flood v. Kuhn (S.D.N.Y.1970) 316 F.Supp. 271, 274, affd. 443 F.2d 264, affd. 407 U.S. 258, 92 S.Ct. 2099, 32 L.Ed.2d 728, in which it was held that a baseball player is bound by his contractual obligations "subject only to his right to The earlie......
  • R. E. Spriggs Co. v. Adolph Coors Co.
    • United States
    • California Court of Appeals
    • 28 Febrero 1974
    ...not required to review the entire distribution scheme used by Coors. (See Flood v. Kuhn, 443 F.2d 264 (2d Cir.); aff'd, 407 U.S. 258, 92 S.Ct. 2099, 32 L.Ed.2d 728.) However, since California's regulation of Coors' distribution scheme would clearly affect Coors' overall methods of distribut......
  • Chuy v. Philadelphia Eagles, Civ. A. No. 71-1802.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • 14 Enero 1976
    ...Construction Co. v. Plumbers Local 100, 421 U.S. 616, 95 S.Ct. 1830, 44 L.Ed.2d 418 (1975); Flood v. Kuhn, 407 U.S. 258, 293-96, 92 S.Ct. 2099, 32 L.Ed.2d 728 (1972) (Marshall, J., dissenting); Local 189, Amalgamated Meatcutters v. Jewel Tea Co., 381 U.S. 676, 85 S.Ct. 1596, 14 L.Ed.2d 640 ......
  • Frett v. State Farm Emp. Workers' Comp.
    • United States
    • Supreme Court of Georgia
    • 16 Junio 2020
    ...and illogic of long standing that is to be remedied by the [General Assembly] and not by this Court." Flood v. Kuhn , 407 U.S. 258, 284, 92 S.Ct. 2099, 32 L.Ed.2d 728 (1972). I respectfully dissent.1 Under the pertinent provision of the Act, an employee is eligible for compensation only for......
  • Request a trial to view additional results
2 firm's commentaries
  • Minor League Teams Take A Swing At Baseball's Antitrust Exemption
    • United States
    • Mondaq United States
    • 19 Enero 2022
    ...200 (1922) and subsequently reaffirmed in Toolson v. N.Y. Yankees, Inc., 346 U.S. 356, 356, 74 S. Ct. 78, 78 (1953) and Flood v. Kuhn, 407 U.S. 258, 259, 92 S. Ct. 2099, 2100 Even though the Supreme Court had declined to revisit the baseball exemption as recently as 2018 by denying certiora......
  • Minor League Teams Take A Swing At Baseball's Antitrust Exemption
    • United States
    • Mondaq United States
    • 19 Enero 2022
    ...200 (1922) and subsequently reaffirmed in Toolson v. N.Y. Yankees, Inc., 346 U.S. 356, 356, 74 S. Ct. 78, 78 (1953) and Flood v. Kuhn, 407 U.S. 258, 259, 92 S. Ct. 2099, 2100 Even though the Supreme Court had declined to revisit the baseball exemption as recently as 2018 by denying certiora......
37 books & journal articles
  • Forms of Joint Conduct and Collaboration
    • United States
    • ABA Antitrust Library Proof of Conspiracy Under Federal Antitrust Laws. Second Edition
    • 8 Diciembre 2018
    ...entity inquiry resulted in ambiguity). Baseball has been granted a n immunity that other sports leagues do not enjoy. See Flood v. Kuhn, 407 U.S. 258, 282 (1972) (confirming baseball’s exemption from antitrust as “established” and protected by stare decisis). A partial exemption for college......
  • New York. Practice Text
    • United States
    • ABA Antitrust Library State Antitrust Practice and Statutes (FIFTH). Volume II
    • 9 Diciembre 2014
    ...(N.Y. Sup. Ct. 1977), aff’d , 403 N.Y.S.2d 1019 (N.Y. App. Div. 1978); see also Flood v. Kuhn, 443 F.2d 264, 267 (2d Cir. 1971), aff’d , 407 U.S. 258, 284 (1972). 12. Two Queens, Inc. , 745 N.Y.S.2d at 519 (“It is by now well established that states can enact and enforce, through their cour......
  • California. Practice Text
    • United States
    • ABA Antitrust Library State Antitrust Practice and Statutes (FIFTH). Volume I
    • 9 Diciembre 2014
    ...relied on Partee to dismiss a professional football player’s § 16600 claim against defendants). 429. U.S. CONST. art. I, § 8, cl. 3. 430. 407 U.S. 258 (1972). 431. 668 P.2d at 679. 432. United Mine Workers of Am. v. Pennington, 381 U.S. 657 (1965); E. R.R. Presidents Conference v. Noerr Mot......
  • Tying meets the new institutional economics: farewell to the chimera of forcing.
    • United States
    • University of Pennsylvania Law Review Vol. 146 No. 1, November 1997
    • 1 Noviembre 1997
    ...might have, Congress, presumably aware of our decisions, has never changed the rule by amending the [Sherman] Act."); cf. Flood v. Kuhn, 407 U.S. 258, 282-84 (1972) (refusing to overrule the longstanding interpretation of the Sherman Act in light of congressional (124) See Hovenkamp, supra ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT