WHO HAS TO FIGHT THE LAW?

i_fought_the_law_by_norealityallowedWhile the clock tells no lies, neither does it ask any questions. Instead it merely records our passing in cold indifference. And so in athletics’ ongoing fight to rid itself of the scourge of fraudulent performance the question arises, where does the responsibility for actually giving a damn lie? And, is drug testing in and of itself enough to achieve the goal?

I ask because based on the evidence of continued PED use, and the institutional corruption that allowed and benefited from it, one might conclude that the intended deterrence has not been achieved, and that some other stick or carrot may be required.

That thought was brought to mind yesterday while watching Alabama Senator Jeff Sessions appear at his confirmation hearing before Congress as Attorney General designate.  During one exchange Senator Sessions said the following in response to whether fraudulent speech is protected under the First Amendment to the Constitution:

“Fraudulent speech, if it amounts to an attempt to obtain a thing of value for the person making the fraudulent speech, is absolutely fraud, and can be prosecuted.”

In the case of performance-enhancing drug use the intent is specifically ‘to obtain a thing of value’, i.e. race prize money. Therefore, when a WADA doping control officer goes over the doping control official record at time of testing, a negative declaration by the tested athlete becomes, in fact, a form of speech, and therefore should be considered a prosecutable offense if subsequent testing produces a positive finding of drug use. The same ask-and-answer should be required of appropriate coaches, managers, and federation officials, as each category has been found complicit in past PED distribution. No accusations, mind you, simply covering bases. Continue reading