Mark Emmert, the Avon Barksdale of College Athletics

Christians, Mormons, Muslims, and Jews worried about the spread of moral relativism in the United States should be encouraged by the sanctions against Penn State imposed this morning by the NCAA (which include vacating all of Joe Paterno’s victories between 1998 and 2011). Granted, Americans show no consensus on gay marriage or abortion, but with slavery and racism now child molestation also is settled. Actually, instead of being relativistic, Americans are morally rigid about most matters. Even pro-choice advocates are emphatic about the moral good of a woman’s right to choose, as well as the immorality of the pro-life position. The problem in the United States is not a lack of morality. It is that most every issue comes in either black or white. This means that a lack of moral consensus among Americans is to put it mildly, contested.

What is less clear is whether Americans are capable of distinguishing among the depravity of various vices the way, say, the Shorter Catechism talks about some transgressions of the law being more heinous in the sight of God than others. The case of Joe Paterno is proof. The overwhelming condemnation of the recently deceased coach would tempt a visitor from Mars to think that Paterno himself had molested the boys who came through Penn State’s football facility. But covering up a felony is not the same level of offense as committing a felony. Just ask Chuck Colson and Richard Nixon.

The laws of Indiana, the site of NCAA headquarters, may be instructive here (even though they played no role in Mark Emmert’s decision to punish Penn State and the reputation of Joe Paterno. Child molestation is a Class A felony in Indiana and is punishable by a sentence of a minimum of six years in prison (according to a 2000 summary). Perjury, on the other hand, is a Class D felony in Indiana and brings with it up to ten months in prison and a possible fine of $10,000. It is fairly clear that Paterno did not commit child molestation. The worst that he did was to lie before the Grand Jury, a difference between a Class A and Class D felony (it would seem to this legally challenged observer). If his offense was simply not reporting Sandusky, Indiana law classifies this as a Class B misdemeanor, which could bring a fine of $1,000 and a prison sentence of up to 180 days.

But this is all based on Indiana law, the jurisdiction where Mark Emmert and his colleagues work. According to one story from last fall, Pennsylvania has no law requiring persons to report child abuse.

What this suggests is that the NCAA is a lot harder on crime than the states themselves which have law enforcement officers with real guns and facilities with real bars and really sharp barbed wire. That may be a good thing, though I can’t imagine Emmert taking away JoePa’s wins if the coach were still alive. (The courage of the NCAA only goes so far.) But it does confirm my impression, after several viewings of The Wire, that justice mediated the state is more forgiving than justice executed outside the law. For anyone who challenged Avon or Marlo, eliminating the challenger’s existence was the only way to maintain order. But inside the agencies of the police, public school teachers, city administration, or journalism, if you violated procedures or lied to bosses, you got a reassignment, a demotion, or at worst lost your job. But unlike Barksdale’s lieutenants who cheated their boss, if you lied to the city editor of the Sunpapers about your source, you lived to see another day.

After today’s actions, the NCAA appears to exhibit a form of justice much closer to drug dealers than to civil authorities. Unfortunately for Paterno, he is not alive to see a day on his calendar that includes a visit to Emmert’s office in Indianapolis.

If I Liked Bunk, Can I Still Admire Joe Pa?

Morality is alive and well on the airwaves of sports talk-radio. The ethical crisis of the moment is what did Joe Paterno know about the sexual abuse of boys by a former assistant coach and when did he know it. The issue has led to remarkable moral clarity for talk-show hosts who generally embrace views that the Baylys associate with secularism and relativism in the United States. Why, Angelo Cataldi, has even called for the firing of Joe Paterno for not controlling the Commonwealth of Pennsylvania, the security forces of Penn State University, and not knowing every single aspect of the football program at PSU. In other words, Joe Pa should be fired for not being God.

This is not a post about sexual abuse. It is about ethical abuse.

First, Angelo and company have no apparent capacity to consider what friendships may do in preventing someone from leaning hard on a friend and colleague. Would those who are calling for Paterno’s firing be so quick to decide so categorically to eliminate a friend or relative? Isn’t one of the most persistent problems of human existence that moral ideals run up against personal allegiances all the time? Does this make violations of an ethical code right? No. But the inability to imagine the angst that someone like Paterno may have gone and still be going through is the sort of one-dimensional outlook that prevents evangelicals and other pietists from ever reading novels that explore morally ambiguous circumstances.

For instance, Bunk Moreland is one of the great characters on The Wire. And in Season Five Bunk knows what Jimmy is doing to bring a drug lord to conviction — namely, breaking the law and police regulations. Bunk disapproves mightily of Jimmy’s misdeeds. But Bunk never tells on Jimmy. Was I outraged that Bunk didn’t rat? Duh! Bunk remains one of my favorite characters despite his moral weakness. This is the stuff of life. It is likely what Joe Pa has gone through many times. (Of course, it could be that Paterno doesn’t care a wit about his former colleague or the boys the ex-coach abused. But how someone could be that cynical and that morally self-righteous all in one gulp gives my brain indigestion.)

But the moral crisis thickens when listeners remember that the show Angelo and company broadcast is sponsored by many gentlemen’s clubs where the lines distinguishing the righteous from the unrighteous are not so clear. Granted, Angelo may argue that pedophiliac sex is not consensual, is if voluntarism justifies willful lying before a grand jury or driving eighty-one miles per hour on the Ohio Turnpike. But last time I heard, human trafficking was one of the great illicit activities in our time and many of the women who come to the United States through human trafficking wind up in gentlemen’s clubs (see Season Two of The Wire). And has Angelo ever considered that some of the people who engage in the activities that transpire in gentlemen’s clubs end up being hurt by such behavior — from sexually transmitted diseases to psychological and spiritual scars that will follow the dancers and their tippers around the rest of their lives?

So it is not at all clear that Angelo and others who self-righteously condemn Joe Paterno are all that free and clear from the moral law they so eagerly enforce.

Will I be disappointed if it turns out that Joe Pa looked the other way too many times and didn’t seek to protect kids from lecherous men? Yes. But I am also disappointed in a talk-show host who (while driving my wife nuts when he talks about babes and boobs) is generally entertaining but so morally obtuse not to see that most days he should be disappointed in himself before pointing out the moral failings of others.