The Ethics of Sign Stealing in College Football

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WINNEKER & SILFIES 32.2 5/17/2022 9:57 AM

THE ETHICS OF SIGN STEALING

IN COLLEGE FOOTBALL

JOSHUA D. WINNEKER & IAN SILFIES*

INTRODUCTION

Sign stealing in sports is the act of decoding an opponent’s signs that are

used to communicate that opponent’s upcoming plays.

This practice is not

novel and actually has its roots dating back to the 1800s.

These types of

activities

are prevalent in professional sports, where a lot of money

and

players’ livelihoods are in the balance, but what about college sports? College

sports is also a multibillion-dollar industry

with much at stake for the coaches

* Joshua D. Winneker, J.D., Associate Professor, Misericordia University; Ian Silfies, J.D. candidate, The

University of Texas School of Law. The authors would like to thank Danielle Clifford for her invaluable

editing and research assistance.

. David Shoenfield, Everything You Need to Know About Sign-Stealing, ESPN (Sept. 5, 2017),

https://www.espn.com/blog/sweetspot/post/_/id/82491/everything-you-need-to-know-about-sign-stealing.

. Cliff Corcoran, Everybody Tries to Cheat a Little: The Weird and Wild History of MLB Sign-Stealing,

ATHLETIC, (Oct. 18, 2018) https://theathletic.com/598405/2018/10/18/everybody-tries-to-cheat-a-little-the-

weird-and-wild-history-of-mlb-sign-stealing/. Signal stealing first became prevalent in baseball during the

1870’s when pitchers began throwing curveballs. Id. One of the oldest documented instances of sign stealing

in baseball occurred during the 1876 season when the Hartford Dark Blues had a man sit in a small shack on

a telegraph pole past the outfield fence to alert batters when a curveball was coming. Id.

. See infra Sections III. B. and C.

. The National Football League (NFL) had a total revenue of $12 billion in 2020, down from a pre-

pandemic revenue of $16 billion in 2019. Mike Florio, NFL Revenue Drops from $16 Billion in 2019 to $12

Billion in 2020, NBC SPORTS: PRO FOOTBALL TALK (Mar. 11, 2021), https://profootballtalk.nbc

sports.com/2021/03/11/nfl-revenue-drops-from-16-billion-to-12-billion-in-2020/. Similarly, Major League

Baseball (MLB) collected $4 billion in total revenue during the 2020 season compared to the $10.5 billion

they received from the 2019 season. See Mike Ozanian, MLB Teams Lost $1 Billion In 2020 On $2.5 Billion

Profit Swing, FORBES (Dec. 22, 2020), https://www.forbes.com/sites/mikeozanian/2020/12/22/mlb-teams-

lost-1-billion-in-2020/?sh=8dbda5a17d71.

. The total revenue that the National Collegiate Athletic Association (NCAA) athletics’ departments

reported in 2019 was $10.6 billion. John Branch, In the N.F.L., It’s Not Cheating Until You Start Videotaping,

N.Y. TIMES (Feb. 17, 2008), https://www.nytimes.com/2008/02/17/sports/football/17nfl.html.

WINNEKER & SILFIES 32.2 5/17/2022 9:57 AM

426 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

and their respective universities. Of those sports, major college football

programs produce some of the largest revenues.

Because the big business of major college football has similarities to

professional sports, it should not come as a surprise that these college programs

would seek every conceivable advantage, including sign stealing.

Former Ohio

State University (OSU) quarterback Justin Fields summed it up best when asked

about his team’s communication strategy during their recent January 1, 2021

playoff game against Clemson University (Clemson) when he stated: “[y]eah,

we just didn’t want them stealing our signs.”

It is an open secret that Clemson

has mastered the art of sign stealing.

Fortunately for Clemson, and other college football programs, it is not

illegal under NCAA rules to steal an opponent’s signs unless the team uses in-

game, electronic equipment.

Illegal sign stealing is not as common in college

football, as those programs are technologically limited in comparison to their

professional counterparts.

In college football then, if your team can simply

observe and decipher the other team’s signs without using electronic equipment

to do so in-game, it is considered a legal part of playing the game.

But setting legality or stated rules aside, is sign stealing ethical? Is this the

type of behavior, especially in college sports, that should be condoned or

instilled in young athletes? Taking into consideration the majority of college

football coaches’ reported positions on the issue, the NFL and MLB’s stance on

sign stealing, the NCAA Football Rules Book and corresponding Football Code,

. In 2019, the 65 universities with Power 5 football programs generated more than $4 billion. See Rey

Mashayekhi, The Financial Fallout of a Canceled College Football Season, FORTUNE (Aug. 10, 2020),

https://fortune.com/2020/08/10/college-football-cancelled-2020-ncaa-financial-impact-revenue-schools-big-

ten-sec-acc-big-12-pac-12/.

. See infra Section I.

. Jenna West, Justin Fields Says Ohio State Huddled More in Sugar Bowl to Prevent Clemson Sign

Stealing, SPORTS ILLUSTRATED (Jan. 4, 2021), https://www.si.com/college/2021/01/04/justin-fields-ohio-

state-huddle-prevent-clemson-sign-stealing.

. See infra Section I. A.

. Football 2020 Rules Book, NCAA 26 (2020), https://www.ncaapublications.com/productdownloads

/FR20.pdf. Rule 1, section 4 under Prohibited Field Equipment Subsection F of the official 2020 NCAA

football rules book states: “[a]ny attempt to record, either through audio or video means, any signals given by

an opposing player, coach or other team personnel is prohibited.” Id.

. Mike Berardino, What’s Keeping College Football From MLB-Style Tech Scandal, FORBES (Mar. 6,

2020), https://www.forbes.com/sites/mikeberardino/2020/03/06/whats-keeping-college-football-from-mlb-

style-tech-scandal/?sh=662f14d93ffl (College football teams are prohibited from having electronic equipment

on their sidelines such as computers, radios, and live video feeds that professional sports leagues like the NFL

and MLB allow).

. The term “sign stealing” going forward will be referencing legal, acceptable sign stealing unless

indicated otherwise.

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2022] SIGN STEALING IN COLLEGE FOOTBALL 427

and various applicable ethical theories, the practice of sign stealing should be

deemed ethical.

Part I of this paper will explore the many allegations and incidents of sign

stealing in college football. Part II will discuss college football coaches’

publicized positions on sign stealing. Part III will detail how sign stealing is

regulated in the NCAA, the NFL and MLB. Part IV will argue that sign stealing

is ethical and can be justified under both the NCAA rules and various ethical

theories. The final Part will provide a conclusion.

I. COLLEGE FOOTBALL ALLEGATIONS AND INCIDENTS OF SIGN STEALING

Trying to decode opponents’ signals to gain a competitive advantage has

been occurring in college football for almost sixty years.

While the methods

modern college football powerhouses use to steal signs has evolved since the

1960s, the common theme tying past and present sign stealing is the teams’

desire to win football games.

Since the mid-2000s, college football programs have continued to gain

access to better cameras and video sharing equipment, such as the popular

DragonFly website.

Combining these tools allows coaching staffs to share

and review old game footage – not during a live contest – where they can spot

play calling patterns and increase the odds that sign stealing could be used

effectively.

Although sign stealing occurs throughout collegiate football,

below are some of the recent, well-known allegations and incidents.

. Billy Dale, The Art of Stealing Signals, TEXASLSN.ORG (May 7, 2021), https://www.texaslsn.org/the-

art-of-stealing-signals. Leading up to the 1964 Cotton Bowl, an unnamed football coach, who disliked Navy’s

head coach, Wayne Hardin, told University of Texas (Texas) football head coach, Darrell Royal, and assistant

coach, Bill Ellington, what each one of Navy’s signals meant. Id. Not only did the Texas coaching staff work

with their players on Navy’s disclosed signals during the weeks leading up to the game, they also placed a

coaching staff member in the press box with binoculars to try and further decode Navy’s signals. Id.

. DRAGONFLY, https://www.dragonflymax.com/DragonFly (last visited Apr. 1, 2022). allows college

football coaching staffs to store video and send MP4 files online to review after the completion of the game.

Pat Forde, Follow the Signs: How Clemson Football Mastered the (Totally Legal) Art of Sign Stealing, SPORTS

ILLUSTRATED (Nov. 6, 2020), https://www.si.com/college/2020/11/06/clemson-signal-stealing-dabo-

swinney-daily-cover; Zac Ellis, Technology in College Football: The Evolution of Video and Film Study,

SPORTS ILLUSTRATED (June 23, 2015), https://www.si.com/college/2015/06/23/college-football-technology-

video-film-room. Using DragonFly to look for patterns in signal calling is not considered illegal sign stealing

as coaches and assistants simply use the software to review existing game tape that they would otherwise be

studying to get a better understanding of how a team plays on offense, defense, or special teams.

. See id.

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428 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

A. Clemson v. OSU

Going into the 2020 Sugar Bowl, OSU both acknowledged and prepared for

Clemson’s sign stealing. OSU head coach, Ryan Day, stated that: “[h]e

[Clemson defensive coordinator, Brent Venables] seems to always know

exactly what the other team is doing.”

Additionally, OSU opted to utilize the

huddle instead of their usually up-tempo offense in order to limit the potential

for sign stealing.

OSU went on to win the game in resounding fashion.

Though Clemson’s matchup against OSU is just the latest instance of

potential sign stealing, Clemson has been engaging in this practice for years.

As University of Miami (Miami) offensive coordinator, Rhett Lashlee, noted:

“Clemson is known well for [sign stealing].”

Heading into their November 7,

2020 contest against Clemson, the University of Notre Dame’s head coach,

Brian Kelly, explained that he and his staff were directly preparing for

Clemson’s sign stealing by thinking about a “counter program” to combat the

practice.

Finally, Sports Illustrated writer Pat Forde reported that many

unnamed personnel in college football acknowledged that: “Clemson is the best

in the country at stealing signs” and has “an elite signal-swiping program.”

B. Arizona State University v. University of Washington

Former Arizona State University (ASU) head coach, Todd Graham, is

considered to be an elite sign stealer.

On November 14, 2015, the University

of Washington (Washington) came into the game against ASU intent on

. Jenna West, Justin Fields Says Ohio State Huddled More in Sugar Bowl to Prevent Clemson Sign

Stealing, SPORTS ILLUSTRATED (Jan. 4, 2021), https://www.si.com/college/2021/01/04/justin-fields-ohio-

state-huddle-prevent-clemson-sign-stealing.

. Id.

. Erick Smith, Ohio State Turns Tables on Clemson with Big Win in Sugar Bowl, USA TODAY,

https://www.usatoday.com/story/sports/ncaaf/2021/01/02/ohio-state-handles-clemson-college-football-

semifinal-sugar-bowl/4108913001/.

. Forde, supra note 14.

. Id.

. Stefanie Loh, Pac-12 Football Debate over Stealing Signals Rages on, Comes to WSU Saturday,

SEATTLE TIMES, https://www.seattletimes.com/sports/wsu-cougar-football/pac-12-football-debate-over-

stealing-signals-rages-on-comes-to-wsu-saturday/. Former UCLA head coach Jim Mora stated: “Arizona

State is very good at — I don’t want to use the words ‘stealing signals’ because that is inaccurate. They are

very good at taking advantage of teams that don’t try to hide their intentions or their signals.” Id.

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protecting their signals.

Similar to the University of Oregon (Oregon) a few

weeks prior, Washington utilized purple sheets to limit ASU’s potential

instances of sign stealing.

The sheets were meant to reduce ASU ‘s visibility

to Washington’s sideline when Washington was calling their offensive plays.

ASU, though, still went on to win the game.

While Graham was known for sign stealing at ASU, he also had a track

record of sign stealing dating back to his time as head coach of the University

of Pittsburgh in 2011.

C. ASU v. University of Utah

During an October 17, 2015 game in which the University of Utah (Utah)

was victorious, current Utah head coach, Kyle Whittingham, accused ASU of

stealing his team’s offensive signals.

Specifically, Whittingham stated that he

observed ASU’s Graham mimicking a throwing motion before an attempted

Utah pass play.

In response, Utah employed a huddle offense during the fourth

quarter to limit ASU’s attempts at stealing their signs.

Heading into the fourth

quarter ASU was up by three points, but after Utah’s adjustments, the Utah

offense then scored twenty unanswered points to secure the victory.

D. Auburn University v. Kansas State University

On September 18, 2014, a season after Auburn University (Auburn) was

accused of stealing Florida State University’s (FSU) signals in the Bowl

Championship Series (BCS) Championship game, former Kansas State

University (KSU) head coach, Bill Snyder, remarked at halftime during the

. Charles Rahrig V, Washington Brings Curtains to Prevent Arizona State from Stealing Signs,

FANSIDED.COM (Nov. 14, 2015), https://fansided.com/2015/11/14/washington-curtains-prevent-arizona-

state-stealing-signs/.

. See id. (when playing ASU to start their season, Oregon chose to bring curtains onto their sideline to

limit ASU’s sightlines).

. Id.

. Associated Press, Arizona State Beats Washington 27-17 After Trailing by 17, ESPN (Nov. 14, 2015),

https://www.espn.com/college-football/recap?gameId=400757075.

. Loh, supra note 22.

. Si Wire, Mike Leach: Arizona State Should Be Investigated for Stealing Signals, SPORTS

ILLUSTRATED (Nov. 3, 2015), https://www.si.com/college/2015/11/03/arizona-state-signal-stealing-vs-utah-

oregon-washington-state-mike-leach.

. Id.

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430 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

game that Auburn was stealing KSU’s offensive signals.

Though former

Auburn head coach, Gus Malzahn, denied the allegations, Snyder and his staff

changed their team’s offensive signs before entering the second half.

In the

end, Auburn still prevailed in a close match-up.

E. Auburn v. FSU – BCS title game

During the first half of the 2014 BCS championship game on January 6,

2014, undefeated FSU could not get any momentum going on offense, scoring

only ten points.

Then-FSU head coach Jimbo Fisher believed that the lack of

offense could have been due to Auburn’s defense knowing FSU’s plays in

advance.

Fisher came out in the second half and immediately had assistant

coaches shielding him with towels to try and limit the alleged sign stealing.

After this reaction, the FSU offense went on to score seventeen points and win

the game.

F. University of Alabama v. University of Mississippi

On September 28, 2013, University of Alabama (Alabama) director of

player personnel, Tyler Siskey, was seen in the coaches’ booth using binoculars

directed at the playing field during a shutout victory over conference opponent,

University of Mississippi (Ole Miss).

While Alabama head coach, Nick

Saban, denied that Siskey was stealing signs, the incident garnered national

media coverage for two main reasons.

The first reason was that Siskey

coordinated Ole Miss’s recruiting in 2012, which likely gave him additional

. Chip Patterson, Auburn Accused of Stealing Signs in First Half of Win at Kansas State, CBS SPORTS

(Sept. 18, 2014), https://www.cbssports.com/college-football/news/auburn-accused-of-stealing-signs-in-

first-half-of-win-at-kansas-state/.

. Id.

. Associated Press, Nick Marshall-led Auburn Fends off Jake Waters, Kansas State, ESPN (Sept. 18,

2014), https://www.espn.com/college-football/recap?gameId=400547856.

. BCS Championship - Florida State vs. Auburn Box Score, SPORTS REFERENCE (Jan. 6, 2014),

https://www.sports-reference.com/cfb/boxscores/2014-01-06-auburn.html.

. Tom Fornelli, Florida State: Auburn Knew Signals in BCS Title Game, CBS SPORTS (Jan. 9, 2014),

https://www.cbssports.com/college-football/news/florida-state-auburn-knew-signals-in-bcs-title-game/.

. Id.

. Alex Scarborough, Nick Saban: Staffer Was Not Coaching, ESPN (Sept. 30, 2013),

https://www.espn.com/college-football/story/_/id/9750042/alabama-crimson-tide-coach-nick-saban-denies-

tyler-siskey-was-coaching-vs-ole-miss-rebels.

. Id.

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2022] SIGN STEALING IN COLLEGE FOOTBALL 431

insights into Ole Miss’s offensive signals.

The second reason was that Ole

Miss previously averaged 490 yards and thirty-eight points per game before

being held to only 205 yards of total offense by the Alabama defense that day.

II. COLLEGE FOOTBALL COACHES’ DISCLOSED POSITIONS ON SIGN STEALING

With 254 Division I college football teams,

it is understandable that not

every coach has been asked their opinion on sign stealing. However, the

majority that have weighed in on this topic believe that sign stealing is an

acceptable part of the game.

Below are some of the most prominent college

football coaches’ comments on sign stealing.

A. Coaches Who Believe Sign Stealing is Acceptable

College football coaches who have been questioned about sign stealing have

answered with responses ranging from a simple acknowledgement of the

practice to coaches actually blaming the team whose signals were stolen.

Fisher, FSU’s previous coach, and Alabama’s Nick Saban are two head

coaches of well-known college football teams that have both stated that sign

stealing is expected and simply a part of the game.

Specifically, after the first

half of the 2014 BCS championship game noted above where Fisher believed

that Auburn deciphered some of FSU’s signals, he said:

[t]hey had a couple of our signals a couple times and were

getting to them. That happens, people do it, and that’s our fault.

You’ve got to change them, constantly rotate them, being able

to get them in different ways. That’s part of the game. I don’t

have a problem with that.

Similarly, Saban remarked after an October 10, 2020 victory over Ole Miss

where Ole Miss was able to score forty-eight points on over 600 yards of total

. Id.

. Full List of Division 1 Football Teams: Find the Right Team for Your Athletic and Academic Goals,

NCSA (May 10, 2021), https://www.ncsasports.org/football/division-1-colleges.

. See Forde, supra note 14.

. Fornelli, supra note 36; Matt Hladik, Lane Kiffin Fires Back at Nick Saban’s Sign Stealing Comment,

SPUN (Oct. 11, 2020, 2:28 PM), https://thespun.com/sec/alabama-crimson-tide/lane-kiffin-nick-saban-sign-

stealing-response-ole-miss-alabama.

. Fornelli, supra note 36.

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432 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

offense: “I don’t know if they had our signals or what. I’m not — that’s not

anything unusual.”

Former University of Memphis head coach, Justin Fuente, former OSU

offensive coordinator, Tom Herman, and Miami’s Lashlee, took this position a

step further by stating that because there are no rules against the tactic, you

cannot blame teams for trying to gain a competitive advantage.

Not only did

Fuente believe that, “[i]f your signals are out there and people want to look at

them, it’s hard to fault them,” but he also could not define what he would

consider unethical sign stealing, citing the landmark case, Jacobellis v. Ohio, to

make his point.

Using Justice Stewart’s famous statement from the case of “I

know it when I see it”, Fuente said that he would be able to identify unethical

sign stealing if he saw it.

While Herman commented that his team did not have a designated person

to decode opponents’ signals, he believed that sign stealing happens all the time

and noted: “I don’t have a problem with it.”

Lashlee further stated that sign

stealing “happens everywhere,” and that “it’s just part of the game.”

Lashlee

also said “[t]here’s nothing in the rules against stealing signals. Just like in

baseball—if you can catch on to a signal that a guy is stealing second, you might

as well throw him out.”

There are also a group of coaches who have acknowledged that they have

personally participated in the practice. As noted above, Graham, has been at

the center of many sign stealing controversies, but Graham has also stated that

he not only expects other teams to steal his signals but that his team actively

attempts to interpret opponents’ signals.

Former UCLA head coach, Jim

Mora, defended Graham’s sign stealing saying that: “I don’t think Arizona State

. Hladik, supra note 45.

. Thayer Evans & Pete Thamel, Inside Read: High Stakes of Stealing Signals, Devonte Fields

Resurfaces, SPORTS ILLUSTRATED (Sept. 29, 2014), https://www.si.com/college/2014/09/29/auburn-stealing-

signals-michigan-brady-hoke-devonte-fields; Forde, supra note 14.

. Evans & Thamel, supra note 48; Jacobellis v. Ohio, 378 U.S. 184 (1964). In Jacobellis, the manager

of a motion picture theater was convicted under a state obscenity law of possessing and exhibiting an allegedly

obscene film. Id. While the Supreme Court of Ohio upheld the conviction, the United States Supreme Court

reversed this judgment. Id. In his concurring opinion, United States Supreme Court Justice Potter Stewart

coined the famous saying: “I know it when I see it” to describe that while he could not clearly define what

“obscenity” covers, he would be able to tell if something was obscene if he saw it. Id. at 197.

. Jacobellis, 378 U.S. at 197; Evans & Thamel, supra note 48; Forde, supra note 14.

. Evans & Thamel, supra note 48.

. Forde, supra note 14.

. Id.

. Loh, supra note 22.

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steals signals. They just play the game. I think they look across the field and if

they can read something, they do. It’s a tactical clue.”

Similarly, former Indiana University, Vanderbilt University, and Louisiana

State University head coach, Gerry DiNardo, recalled that he would routinely

hire a graduate assistant whose sole purpose was to steal opposing teams’

signals.

Mike McIntyre, the former head coach at the University of Colorado,

went as far as saying that “[i]f you get your signals stolen, it’s your fault, not

the other team’s fault.”

B. Coaches Who Believe Sign Stealing is Unacceptable

While there are a few coaches who believe that sign stealing is

unacceptable, they are in the minority.

Two of the most well-known football

coaches who are against sign stealing include Mike Leach and David Cutcliffe.

While coaching at Washington State University, Mike Leach viewed sign

stealing as an unsavory practice and went as far as saying that he believed ASU

used cameras and microphones to steal their opponents signals.

Duke

University head coach, David Cutcliffe, believes that stealing signs poses a big

integrity issue when he declared: “[w]hat message are you sending to your

players if that’s what you’re trying to do to win the game?”

III. HOW SIGN STEALING IS REGULATED IN THE NCAA, NFL AND MLB

College football is not the only major American sport to ban in-game,

electronic sign stealing. The NFL and MLB also have league rules explicitly

describing what constitutes illegal sign stealing.

. Id.

. Evans & Thamel, supra note 48.

. Loh, supra note 22.

. Ron Morris, In College Football, Stealing Signs is Part of the Game, CHARLOTTE OBSERVER (Nov.

22, 2016, 5:41 PM), https://www.charlotteobserver.com/sports/college/article116414578.html.

. Leach specifically said: “I’ve heard a lot of rumors of microphones to pick up extra sound, to sift and

sort for sound, perhaps what the quarterback is saying.” Doug Haller, ASU football signal stealing? Looks

Like It’s Curtains for Oregon’s Sideline Curtains, AZCENTRAL (Sept. 18, 2017, 8:54 PM),

https://www.azcentral.com/story/sports/ncaaf/asu/2017/09/18/arizona-state-signal-stealing-looks-like-its-

curtains-oregons-sideline-curtains/679435001/. He continued accusing ASU saying: “[c]lose-up cameras,

stuff like that. I don’t know if they (video tape) coaches on the sideline.” Id. There was not sufficient evidence

showing that ASU used any electronics to steal signals. Id. As such, the PAC-12 decided to fine Leach

$10,000 for his false comments. Id.

. Morris, supra note 58.

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434 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

A. NCAA Football Rules

The 2020 NCAA Football Rules Book directly addresses what constitutes

illegal sign stealing. Specifically, under Rule 1, section 4 under Prohibited Field

Equipment Subsection F, it states that during a live game: “[a]ny attempt to

record, either through audio or video means, any signals given by an opposing

player, coach or other team personnel is prohibited.”

In addition to directly banning teams from recording opposing team’s signs

through audio or video means during live games, the NCAA further discusses

prohibited sideline devices that may be used to decipher signals. Under Rule 1,

section 4 under Prohibited Field Equipment Subsection A, it states:

[t]elevision replay or monitor equipment is prohibited at the

sidelines, press box, or other locations within the playing

enclosure for coaching purposes during the game. Motion

pictures, any type of film, facsimile machines, videotapes,

photographs, writing-transmission machines and computers

may not be used by coaches or for coaching purposes any time

during the game or between periods, Computers, tablets, etc.

are not allowed in the coaching booth.

While most Division I football conferences have a specific bylaw that binds

the conference to all NCAA football-playing rules, the Big Sky Conference also

has conference bylaw 6.1.2 called: “Commissioner’s Authority Regarding

Misconduct” that focuses on misconduct and unprofessional behavior.

This

bylaw gives the Big Sky Conference commissioner the authority to reprimand

any institutional personnel or student-athletes if they have partaken in any form

of dishonesty, unsportsmanlike conduct, or unprofessional behavior.

Even

though sign stealing is a broad practice that occurs across college football,

the

Big Sky Conference commissioner has never utilized this rule to combat or

punish teams engaging in sign stealing.

. See Football 2020 Rules Book, supra note 10.

. Id. at 28.

. Email from Ty Singletary, Director of Compliance for the Big Sky Conference, to Ian Silfies, (Feb.

16, 2021) (on file with author).

. Id.

. Evans & Thamel, supra note 48.

. Id.

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2022] SIGN STEALING IN COLLEGE FOOTBALL 435

B. National Football League Rules

Similar to the NCAA, the NFL delineates illegal sign stealing in its rules.

Article IX, section C, number 14 of the Constitution and Bylaws of the NFL

focuses on prohibited actions and provides:

Use at any time, from the start to the finish of any game in

which a club is a participant, any communications or

information gathering equipment, other than Polaroid-type

cameras or field telephones, including without limitation

videotape machines, telephone tapping or bugging devices, or

any other form of electronic device that might aid a team during

the paying of a game.

The NFL does allow teams to utilize coaches—both on the field and in press

boxes—to try and interpret opposing teams’ signals non-electronically.

Current NFL Commissioner, Roger Goodell, has gone as far as saying that sign

stealing itself is not an issue and “is done quite widely.”

Further, Goodell also

believes that every coach in the league expects their signals to be intercepted by

opponents.

C. Major League Baseball Rules

Sign stealing is more widely known and used in baseball.

There have been

numerous recent scandals involving sign stealing in MLB.

In the 2019 – 2020

. Constitution and Bylaws of the National Football League, ON LABOR (2006),

https://www.onlabor.org/wp-content/uploads/2017/04/co_.pdf.

. Similar to college football, the NFL permits teams to try and interpret their opponents’ signals as long

as there is no electronic equipment involved. John Branch, In the N.F.L., It’s Not Cheating Until You Start

Videotaping, N.Y. TIMES (Feb. 17, 2008), https://www.nytimes.com/2008/02/17/sports/football/17nfl.html.

. Id.

. See Tom Verducci, Exclusive: MLB Set to Pass New Rules Designed to Crack Down on Sign Stealing,

SPORTS ILLUSTRATED (Feb. 19, 2019), https://www.si.com/mlb/2019/02/19/major-league-baseball-sign-

stealing-rule-change.

. The two most significant recent examples of illegal sign stealing in the MLB include the Houston

Astros and the Boston Red Sox. The Astros placed a camera behind the center field fence to steal the opposing

catcher’s signals. Neil Vigdor, The Houston Astros’ Cheating Scandal: Sign-Stealing, Buzzer Intrigue and

Tainted Pennants, N.Y. TIMES (July 16, 2020), https://www.nytimes.com/article/astros-

cheating.html#:~:text=the%20main%20story-,The%20Houston%20Astros’%20Cheating%20Scandal%3A

%b20Sign% 2DStealing%2C%20Buzzer,were%20suspended%20for%20one %20year.&text=He%20wore

%20a%20T%2Dshirt,workouts%20began%20in%20early%20July; Ben Lindbergh, There’s No Virtue in

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436 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

season, MLB added new rules aimed at curtailing electronic sign stealing.

These rules were created in response to six teams during the 2018 – 2019 season

being suspected of installing cameras in centerfield with the purpose of stealing

the opposing catchers’ signals.

In addition to banning all in-house cameras

from foul pole to foul pole, the rules explain that:

• The only live feed of a broadcast will be the one provided

to each team’s designated replay official.

• A specially trained monitor, not a Resident Security

Expect, will be assigned to each designated replay official

to make sure that person has no communication with team

personnel regarding signs, either in person, by phone or any

other device.

• All other bullpen and clubhouse television monitors will

receive game broadcasts on an eight-second delay.

• No television monitors are permitted in the tunnels or

auxiliary rooms between the dugout and the clubhouse.

• Each club must provide to MLB an audit of every in-house

camera, detailing its purpose, its wiring and where its

signal can be viewed.

Major League Baseball does allow teams to try and decode opponents’

signals to gain a competitive advantage provided that no electronics, binoculars,

Signaling. But Is There Any Benefit?, THE RINGER (Nov. 22, 2019, 8:41 PM), https://www.theringer.com

/mlb/2019/11/22/20977542/astros-sign-stealing-benefit-wins-advantage#:~:text=For%20what%20it’s%20

worth%2C%20Astros,for%20non%2DAstros%20 home%20teams. A staff member would then relay what

pitch was coming to the Astros’ hitter. Id. The most common example of how a staff member relayed what

type of pitch was coming was by banging on a metal trashcan or the roof of the dugout. Id. This sign stealing

significantly helped the Astros, as during the 2017 regular season, the team had significantly better hitting

statistics at home compared to on the road. Id. Similarly, the Red Sox put cameras behind their centerfield

fence and the video coordinator at the time, J.T. Watkins, would sit in the dugout and watch the opposing

catcher call pitches in real time. Tom Verducci, MLB Reveals Red Sox’ Cheating Scandal, Tainting Yet

Another Championship Team, SPORTS ILLUSTRATED (Apr. 22, 2020), https://www.si.com/mlb/2020/04/22/

red-sox-sign-stealing-scandal. Further, when the Red Sox had a runner on second base, Watkins would use

hand signals to tell the runner what pitch was coming, and the runner would then tell the batter what pitch

was coming.

. Jacob Bogage, MLB Aims to Crack Down on the Game’s Tradition of Sign Stealing, WASH. POST

(Feb. 20, 2019, 2:53 PM), https://www.washingtonpost.com/sports/2019/02/20/mlb-aims-crack-down-

games-tradition-sign-stealing/.

. Verducci, supra note 71.

. Id.

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2022] SIGN STEALING IN COLLEGE FOOTBALL 437

or other objects foreign to the game are used.

Sign stealing traditionally occurs

when runners on second base try to interpret the opposing catcher’s signals and

relay this information back to the batter.

With the constant exchanging of

signals between the dugout to players or players to players, there are many

opportunities for teams to take advantage of their opponents’ careless signal

relays.

Though there are hundreds of signals exchanged in a single game,

these signals are usually repetitive, meaning that even figuring out one of your

opponent’s signals during the game could greatly increase your chance of

victory.

IV. SIGN STEALING IN COLLEGE FOOTBALL IS ETHICAL

Sign stealing in college football is ethical and merely another aspect of

preparing for and the playing the game. Being completely prepared for a game

involves practice, reviewing film, and creating a comprehensive game plan. In

addition to the pre-game planning, coaches also have to adapt to circumstances

that occur during a game. If a coach or coaching staff is simply better prepared

or more reactive than their opponents, this does not make their actions unethical.

On the contrary, it means they worked harder for a competitive edge, which is

exactly what sign stealing provides. Moreover, this competitive edge, as noted

above, is considered acceptable by the majority of college football coaches’

expressed opinions

and is a well-known, allowable part of both the NFL and

MLB.

Furthermore, the NCAA Football Rules Book, along with several ethical

theories, support the argument that sign stealing in college football is ethical.

. Bogage, supra note 73.

. Id.

. The number of different pitches a catcher may call or the different actions a third base coach may

want the batter to take are inherently limited. Bill Komissaroff, Baseball Signs: The Game’s Secret

Underbelly, HOWTHEYPLAY (Apr. 7, 2020), https://howtheyplay.com/team-sports/Baseball-Signs-The-

Games-Secret-Underbelly. For example, a major league pitcher may only have four different pitches in their

arsenal and a third base coach could only ask the batter to swing, bunt, or watch the next pitch. Id. Thus, the

majority of signals given within an MLB game are simply dummy signals meant to distract opposing teams

from the actual substantive “real signals.” Id. Since there are only a few “real signals” given within a game,

if one team can figure out the opposing teams signals, they would be at a great advantage.

. See supra Section II.

. See supra Sections III.B, III.C.

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438 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

A. NCAA Football Rules Book on Unethical Behavior

The NCAA Football Rules Book addresses ethics in college football

coaching in the “Football Code.”

Moreover, this code explains that: “[t]he

Football Code shall be an integral part of this code of ethics and should be

carefully read and observed.”

The Football Code specifically provides seven

different examples of what is considered unethical behavior because these

actions break down, rather than aid in, the building of the character of the

players.

Tellingly, sign stealing is not listed in the examples of unethical

behavior. The specific examples are:

A. Changing numbers during the game to deceive the opponent.

B. Using the football helmet as a weapon. The helmet is for the

protection of the player.

C. Targeting and making forcible contact. Players, coaches and

officials should emphasize the elimination of targeting and

making forcible contact against a defenseless opponent and/or

with the crown of the helmet.

D. Using nontherapeutic drugs in the game of football. This is

not in keeping with the aims and purposes of amateur athletics

and is prohibited.

E. “Beating the ball’’ by an unfair use of a starting signal. This

is nothing less than deliberately stealing an advantage from the

opponent. An honest starting signal is needed, but a signal that

has for its purpose starting the team a fraction of a second

before the ball is put in play, in the hope that it will not be

detected by the officials, is illegal. It is the same as if a sprinter

in a 100-meter dash had a secret arrangement with the starter to

give him a tenth-of-a-second warning before firing the pistol.

F. Shifting in a way that simulates the start of a play or

employing any other unfair tactic for the purpose of drawing

one’s opponent offside. This can be construed only as a

deliberate attempt to gain an unmerited advantage.

G. Feigning an injury for any reason is unethical. An injured

player must be given full protection under the rules, but

. Football 2020 Rules Book, supra note 10, at 11-12

. Id. at 11.

. Id. at 11-12.

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2022] SIGN STEALING IN COLLEGE FOOTBALL 439

feigning injury is dishonest, unsportsmanlike and contrary to

the spirit of the rules. Such tactics cannot be tolerated among

sportsmen of integrity.

As seen from the examples above, the NCAA clearly expresses what it believes

to be unethical conduct. Given the chance to explicitly condemn and call out

sign stealing as unethical behavior, the NCAA chose not to include it, and its

absence further proves that sign stealing is viewed as ethical in college

football.

B. Ethical Theories Support that Sign Stealing is Ethical

Beyond the majority of college football coaches’ reported opinions on the

matter, the NFL, MLB, and the NCAA seemingly all approving that sign

stealing is ethical, there are also several ethical theories that support this

position.

(1) Deontology

Deontology is an ethical theory “that says actions are good or bad according

to a clear set of rules.”

Deontology stems from the Greek word deon, meaning

duty.

“Actions that align with these rules are ethical, while actions that don’t

aren’t.”

German philosopher Immanuel Kant is associated with this ethical

theory.

As established above, sign stealing is not in violation of any NCAA

rule and is also specifically excluded from the list of examples of unethical

. Id.

. As the governing body for college athletics, the NCAA’s failure to address or even acknowledge the

practice in their examples of unethical behavior proves that sign stealing is ethical. This reasoning is the same

for laws created by a legislature. See, e.g., JPMorgan Chase Bank, Nat’l Ass’n v. Essaghof, 336 Conn. 633,

644 (2020) (“Where the legislature has taken action in an area, [this court] generally interpret[s] the

legislature’s failure to take similar action in a closely related area as indicative of a decision not to do so.”)

(quoting Bell Atl. Nynex Mobile, Inc. v. Comm’r of Revenue Servs., 869 A.2d 611, 621 (Conn. 2005)) (citing

Carmel Hollow Assocs. Ltd. P’ship v. Town of Bethlehem, 848 A.2d 451 (Conn. 2004) (arguing legislature’s

failure to grant municipality or town assessors discretionary authority concerning classification of property as

forest land, as it did with classification of property as farmland and open space land, indicative that it did not

intend to grant authority with respect to forest land)).

. Ethics Explainer: Deontology, THE ETHICS CENTRE (Feb. 18, 2016), https://ethics.org.au/ethics-

explainer-deontology/#:~:text=Deontology%20is%20a%20theory%20that,with%20German%20

philosopher%2C%20Immanuel%20Kant.

. Id.

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440 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

behavior in the Football Code. Thus, a coach or coaching staff that who engages

in sign stealing is obeying a clear set of rules and, under deontological

principles, is acting in an ethical manner.

There are three subcategories of deontology: agent-centered theories,

patient-centered theories, and contraction theories, each of which further

demonstrates that sign stealing is ethical.

(a) Agent-Centered Deontological Theories

Agent-centered deontology states that humans have permissions and

obligations, which give us agent-relative reasons for actions.

Agent-relative

obligations are defined as: “an obligation for a particular agent to take or refrain

from taking some action.”

Under this subcategory, head or assistant football

coaches would not have to refrain from stealing opposing teams’ signals, as

there are no rules prohibiting this practice.

Further, coaches actually should

steal signs, as one example of an agent-centered obligation is providing for your

family.

Given how quickly Division I football coaches are replaced,

by not

using every legal advantage possible, these coaches would be ignoring their

obligation to provide for their family.

(b) Patient-Centered Deontological Theories

Patient-centered deontology focuses on the rights of individuals in given

situations.

This theory concentrates on both the rights of individuals as stated

by laws and also their given rights.

As the NCAA Football Rules Book only

prohibits electronic sign stealing,

100

head and assistant coaches not engaging in

. Alexander Moore et al., Deontological Ethics, STAN. ENCYCLOPEDIA OF PHIL. (Oct.30, 2020),

https://plato.stanford.edu/entries/ethics-deontological/.

. Id.

. See id.

. See id. Agent-centered deontology states that individuals have certain obligations and agent-relative

reasons that give them permission to act in a certain way. Id. For example, a parent is obligated to look after

their children. Id.

. See infra note 109.

. See Moore, supra note 91, at 4.

. Id. at 8.

. Id. “Given rights” under patient-centered deontology are essentially basic human rights that everyone

is entitled to no matter where or what government they live under. Id.

100

. See supra Section III. A; Football 2020 Rules Book, supra note 10.

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that particular practice are then free to decode opponents’ signals as they see

fit.

101

Finally, the contraction deontological subcategory centers on the acts that

would be forbidden by principles that people in a suitably described social

position would accept.

102

As explained above, the NCAA Football Rules Book

forbids only electronic sign stealing, and the majority of college football

coaches questioned on the issue agree that sign stealing is acceptable.

103

Therefore, as neither the rulebook nor other coaches’ moral positions forbid sign

stealing, this action would be considered ethical using contraction deontology.

(2) Hedonism

Ethical or evaluative hedonism claims that only pleasure has worth or

value, and only pain or displeasure has disvalue or the opposite of worth.

104

Under ethical hedonism, it follows that pleasure is good whenever it is had, even

in matters that may be questionable by others.

105

According to this theory, a coach stealing signs allows that coach to

experience the joys of winning and the monetary and social benefits that are

associated with winning. All coaches are judged by winning and losing but the

pressure to win is much greater in major college football.

106

Major college

football coaches earn very high salaries if they are a winning coach.

107

But, one

101

. Moore, supra note 91, at 4.

102

. Id.

103

. See Football 2020 Rules Book, supra note 10; see also supra Section II. A.

104

. Moore, supra note 91, at 4.

105

. Id.

106

. Bud Poliquin, Do College Football’s Head Coaches Get Fired Too Quickly and Too Easily?(Chat

with Bud Poliquin), SYRACUSE (Mar. 22, 2019, 12:00 PM), https://www.syracuse.com/poliquin/2014

/12/do_college_footballs_head_coaches_get_fired_too_quickly_and_too_easily_chat_with.html.

107

. Dabo Sweeny, head coach of Clemson University football, makes $9.3 million per year while Nick

Saban, the head coach of the University of Alabama football makes $8.9 million per year. Charlotte Gibson,

Who’s Highest-Paid In Your State?, ESPN (2019), https://www.espn.com/espn/feature/story/_/id/28261213/

dabo-swinney-ed-orgeron-highest-paid-state-employees. However, these salaries are results-driven as

Clemson and Alabama have both been in the College Football Playoff six times since the new bracket system

began in 2014. College Football Playoff History, COLLEGE FOOTBALL PLAYOFF (2014),

https://collegefootballplayoff.com/sports/2019/5/22/history.aspx. Further, Clemson and Alabama are both

tied for first with ten total appearances in the College Football Playoffs, twice as many as Ohio State, the team

with the third most appearances. Id. Though Dabo Sweeny and Nick Saban are the highest paid coaches in

college football, there are forty states where the state university head football coach is the highest paid state

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442 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

poor season can result in a college football coach losing their job.

108

Therefore,

the coaches’ livelihood, as well as their families, are greatly affected by whether

the team wins or loses. If the coach wins, they keep their job, their family

remains stable, and the university benefits because that can attract more students

along with the financial security of a highly enrolled university.

109

Stealing signs

can result in winning games, which brings a great amount of pleasure to the

coaches, the families, and the universities under ethical hedonism.

(3) Ethical Relativism

Ethical relativism states that morality and ethics are relative to the norms of

one’s particular culture.

110

Thus, one’s actions must be compared to acceptable

practices within their own society to determine whether those actions are

employee. John Duffley, In 40 States, Sports Coaches are the Highest Paid Public Employees, FANBUZZ

(Dec. 31, 2014, 11:04 AM), https://fanbuzz.com/national/highest-paid-state-employees/.

108

. . Every year, almost ten percent of all Division 1 football teams fire their head coach. Amy

Daughters, Quantifying the Coaching Carousel: How Many CFB Coaches Lose Their Job Yearly, BLEACHER

REPORT (Nov. 1, 2013), https://bleacherreport.com/articles/1860037-quantifying-the-coaching-carousel-

how-many-cfb-coaches-lose-their-job-yearly. Further, the average Division 1 football coach only lasts 3.8

seasons. Cork Gaines & Mike Nudelman, Most College Football Players Will Be Forced to Change Head

Coaches At Least Once In Their Career, BUSINESS INSIDER (Dec. 6, 2017, 11:03 AM),

https://www.businessinsider.com/college-football-players-coaches-recruiting-2017-12#:~:text=The%20

average%20tenure%20for%20NCAA,that%20form%20an%20’X’. Not only are Division I college football

head coaches fired quicker than in every other Division I men’s sport, but many coaches are fired if they have

one bad season, even if they have a track record of winning. Zach Barnett, FBS Football Has an Equal or

Higher Rate of Coaching Changes Than Every Other Sport-Except One, FOOTBALLSCOOP (Feb. 20, 2018),

https://footballscoop.com/news/fbs-football-higher-rate-coaching-changes-every-sport-except-one/

(Division I college football coaches are fired quicker than in every other Division I men’s sport); see Poliquin,

supra note 106 (Many coaches are filed if they have one bad season, even if they have a track record of

winning).

109

. A winning athletic program is not guaranteed to lead to an influx of applicants for any one college

or university. However, many schools have stated that after a year in which the basketball or football team

has competed in the league playoff format, applications have increased by as much as twenty-seven percent

the following year. See Brittany Renee Mayes & Emily Giambalvo, Does Sports Glory Create a Spike in

College Applications? It’s Not a Slam Dunk., WASHINGTON POST (Dec. 6, 2018), https://www.washing

tonpost.com/graphics/2018/sports/ncaa-applicants/. Though there are multiple factors at play when assessing

what causes an influx of applications to a college or university, Clemson sent out a study to admitted students

asking how influential the school’s recent athletic success was in their decision to apply. Id. Fifty-five percent

of the survey respondents said that the school’s athletic success was slightly, moderately, or extremely

influential in their decision to apply. Id. Additionally, former dean of enrollment at Auburn, Velda Rooker,

said that the football team’s national championship victory definitely played a part in the school’s sixteen

percent application increase the following year. Id.

110

. Manuel Velasquez, et al., Ethical Relativism, MARKKULA CENTER FOR APPLIED ETHICS AT SANTA

CLARA UNIV. (Aug. 1, 1992), https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/ethical-

relativism/#:~:text=Ethical%20relativism%20is%20the%20theory,be%20morally%20wrong%20in%20anot

her.

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ethical.

111

This type of evaluation is also utilized to make decisions in our

judicial system.

112

Applying ethical relativism to the instant situation, there are macro and

micro cultural moral standards to support the argument that sign stealing is

ethical. On a macro-level, as explained earlier, legislatures in our country must

specifically discuss a topic for it to be considered a part of a law.

113

Similarly,

as sign stealing was notably excluded from the NCAA’s list of unethical

behavior in the Football Code, college football coaches engaged in the practice

are not acting in contravention of the moral standard present within the United

States. On a micro-level, because sign stealing is considered part of the game

by many coaches,

114

the custom is therefore in-line with the moral code within

the college football coaching culture.

CONCLUSION

Stealing signs in college football has become commonplace. Some may

view it as gaining an unfair advantage, but the NCAA rulebook has only

prohibited sign stealing when it is done live in electronic form. Sign stealing

otherwise is considered acceptable behavior that is simply a part of the game.

While some coaches may object to its use, the majority of college football

coaches opining on the issue condone it, the NFL and MLB accept it in their

respective leagues, the NCAA allows it, it has not been listed as unethical

behavior under the Football Code, and several ethical theories support its

practice. In today’s college football, where winning results in keeping your job

and bringing in revenue for your school, a coach engaging in sign stealing is not

111

. Id.

112

. In order to determine the duty a professional owes to their client in a malpractice action, courts look

at specific standards within the particular profession. See, e.g., Pinnock v. Mercy Med. Ctr., 180 A.D.3d 1088,

1090 (N.Y. App. Div. 2020) (“To prevail on a motion for summary judgment in a medical malpractice action,

a defendant must make a prima facie showing . . . that there was no departure from the accepted community

standards of medical care. . . .”); Singh v. Krueger, 183 P.3d 1, 3 (Kan. Ct. App. 2008) (citing Storm v.

Golden, 538 A.2d 61, 64 (Pa. Super. Ct. 1988) (opining that the “[s]tandard of care in a legal-malpractice case

is whether the attorney has exercised ordinary skill and knowledge related to common professional practice.”);

Pace v. Jakus, 291 A.D.2d 436, 436 (N.Y. App. Div. 2002) (explaining that to establish a prima facie case in

a medical malpractice action, a “plaintiff must prove the standard of care in the locality where the treatment

occurred”). Ethical relativism is built on the same principle as malpractice, as both theories compare the

actions of an individual to those operating or living within the same community or group.

113

. See Ethics Explainer, supra note 87 (implying that a set of rules will either make sign stealing good

or bad).

114

. See supra Section II. A; Steve Godfrey, Trying to Steal Signals is Just Part of Being a Football

Coach, SBNATION (Sept. 4, 2014, 1:09 PM), https://www.sbnation.com/college-football/2014/9/4/

6104425/football-coaches-stealing-signals-signs-play-calls.

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444 MARQUETTE SPORTS LAW REVIEW [Vol. 32:2

just involved in an ethical practice, but it is a recommended best practice to keep

up with their competitors.