Does a 'Book Clause' Go Too Far?

Joe Torre's new book has done what few baseball books have done: It's gotten people to talk baseball during Super Bowl week. That's no small feat considering how much hype the big game gets. It seems, though, that the Yankees want to discourage people from talking about baseball, or at least the kind of baseball where Kevin Brown is curled up in the corner threatening to quit.

The Yankees are considering a non-disparagement clause, which in essence is a "book clause". You might as well call it censorship.

Speaking on the condition of anonymity, a Yankee official said yesterday that some members of the front office staff already are required to sign a confidentiality agreement in order to protect "proprietary knowledge of our business model." The proposed clause is intended to ensure that future books about the Yankees are "positive in tone," and "do not breach the sanctity of our clubhouse." (...)

"Up to now, we have always operated our employer-employee relationships on a basis of trust," the official said. "But we never expected what we got from Joe. We may have to get a little tougher on this issue."

Sounds like the Yankees are still protecting Mickey Mantle. And by that, I mean that the Yankees want to return to the days where Mantle can carouse the streets at night but the beat writers never wrote about it. I've got news for the Yankees -- those days are over forever.

Besides, can this really extend to a book deal while the player or manager is no longer under contract with the organization? I don't see how. The Mets had that type of clause, though not exactly the same, put in the contract of former manager Willie Randolph:

Randolph was working on a book with Daily News writer Wayne Coffey, but its status seems unclear.

General manager Omar Minaya did suggest, however, that Randolph had to choose his words carefully after the firing last June, according to a story written by Coffey on that hotel room meeting.

"I stood up and shook his hand, told him I wished him and the team well," Randolph recalled to Coffey. "Then he handed me an envelope, a little parting gift, and told me to make sure I reviewed it with my agent, Ron Shapiro.

"It was a copy of my Met contract that basically says I better not say anything detrimental about the team, or I might jeopardize the rest of the money I have coming to me."

Now that seems to cover Randolph over the coming year, when he is technically still under contract with the Mets. Can the Mets legally take action if, say, Randolph writes about David Wright having a "Single White Female" obsession with Jose Reyes after next season when Randolph's contract runs out? Are we going to come to a place and time where organizations have the right to edit future books?

Although I'll concede that there are certain things I don't want to know about. From Alex Belth's Bronx Banter:

One of my favorite moments in the Verducci/Torre book is about Roger Clemens as he prepared to face the Mets in Game 2 of the 2000 World Serious. Verducci writes that Clemens' usual pregame preparation included taking a whirlpool bath at the hottest temperature possible. "He'd come out looking like a lobster," Yankee trainer Steve Donahue told Verducci. Donahue would then rub hot liniment all over Clemens' body. "Then Donahue would rub the hottest possible liniment on his testicles," Verducci writes.

"He'd start snorting like a bull," the trainer said. "That's when he was ready to pitch."

And ready to throw bats at Mike Piazza. Yup. Walk, don't run, to your local bookstore.

Hat Tip: Rob Neyer

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