You can't do or say that: constraining individual conduct in a public and commercial world.

• Author: Findlay, Hilary

Greek triple-jumper, Voula Papachristou, was expelled from the 2012 London Olympic Games because of a disparaging and racist tweet she broadcast days before the Games. European soccer players making negative comments about officials on or off the field now face suspension. An 18-year-old Canadian junior water polo athlete received a two-year suspension from the national sport organization for his role in the 2011 Stanley Cup riots in Vancouver. According to Water Polo Canada, "The message [of the suspension] is, you're an athlete and you're representing Canada all the time, whether you're on the field of play or you're out at a restaurant or in the general public." (Canadian water polo player suspended two years for role in Stanley Cup riot, Sep. 27, 2011) These examples reflect a seeming increase in measures aimed at censoring the conduct of athletes, on the field and off. Indeed, this trend affects not just athletes, and other celebrities, but can be seen increasingly in employment relationships. A number of factors can be identified as influencing this pattern, but perhaps most important is the exponential growth of social media and its instantaneous communication and global reach.

Public focus on morality clauses is a relatively recent phenomenon, even though they have been in use for some time.

Control over peoples' conduct is typically done through the use of what are referred to as morals, or morality clauses --a contractual provision prohibiting a person's immoral, illegal or otherwise disparaging conduct. These clauses commonly appear in endorsement-type contracts of athletes, performers, and other famous personalities, but actually go beyond this sphere. Companies and organizations typically insist on morality clauses to protect their reputation and interests from being affected by the improvident conduct of people with whom they have contracted.

First, a little history

Public focus on morality clauses is a relatively recent phenomenon, even though they have been in use for some time. They had their origin in the movie industry of the 1920s as a response to the scandalous and often excessive behavior of some of the most famous movie stars of the time. At about the same time, Major League Baseball went through the aftermath of the Black Sox scandal. Eight White Sox players were accused of intentionally losing games in exchange for money from gamblers when the Chicago White Sox lost the 1919 World Series to the Cincinnati Reds. All were subsequently banned for life from organized baseball.

The use of morality clauses spread beyond the sports and movie industries when companies discovered the concept of "branding".

Both groups were faced with having to stem increasing public criticism of seemingly lascivious and scandalous behaviour and threats by the U.S. Congress...