Morals Clauses in NFL Contracts

The morals clause originated with the Fatty Arbuckle case in 1921.   Roscoe “Fatty”Arbuckle, a silent film star, just signed to a $3 million contract, was charged with manslaughter in the death of actress Virginia Rappe.  Arbuckle was ultimately acquitted by a jury, but his reputation was destroyed by the publicity.  Theaters canceled showings of his film, Crazy to Marry, and his career never recovered costing the studio millions.  

The NFL issues with player misconduct have been well documented.  Not only is the image of the League harmed by such instances, but individual teams may pay out millions to players not on the field.  The Dallas Cowboys have had several suspended players the past couple of seasons.   

The NFL has a Player Misconduct Policy.  NFL contracts may also include a “conduct detrimental to the team” type of clause.  By way of example, a copy of Arian Foster’s contract with the Houston Texans can be found here.  With respect to personal conduct, the contract provides that “if Player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club, then Club may terminate this contract.”  This is very broad language as opposed to the specificity in other morals clauses.  For comparison, Professor Eric Goldman has posted sample morals clauses on his website.  

Teams already indirectly address such circumstances in individual player negotiations.  In 2012, the then-St. Louis Rams drafted a player with off the field concerns.  Janoris Jenkins’s rookie contract negotiations included discussions with the Club for him to use a financial adviser.  Greg Hardy’s contract with the Dallas Cowboys included bonuses for games played in order to address his suspension.  While subject to renegotiations with the NFL Players Association, teams could use a form of morals clause tied to salary cap relief.  However, such a scenario could more likely lead to abuse from teams seeking to get out of a bad contract.