ESPN’s TikTok Fumble Clips Devin Singletary’s Reputation
In the final minutes of a meaningless contest between two NFL bottom-dwellers, New York Giants running back Devin Singletary made a lot of fans/degenerates unhappy.
On the last possession of the game, Singletary broke free from defenders for what looked like an easy touchdown, yet intentionally went down just before the end zone. The game ended with 36 total points scored, just under Vegas’s betting line of 37.5.
ESPNBET, a TikTok account promoting ESPN’s in-house sportsbook, posted the play soon after with the caption: “Devin Singletary intentionally doesn’t score a touchdown so the game goes under the 37.5-point total.😳”
Of course, that’s not the whole story. Singletary’s selfless slide essentially guaranteed his team the victory, since the Browns were out of timeouts and the Giants had the lead. Giants coaches and players alike exhorted Singletary to go down as soon as he secured a first down. The NFL’s official X account tweeted out the highlight too, specifically highlighting the slide as a winning move.
But to a sports fan scrolling on TikTok without context, ESPNBET’s post could mean something else entirely. Did they mean to say that Singletary didn’t score, and consequently the game went under the betting line? Or did they mean that Singletary didn’t score with the intent to screw over those that bet the over? The post offered no elaboration. Following widespread confusion - and condemnation of Singletary - on social media, ESPN deleted the post.
On its face, this may look like an inconsequential doink from the worldwide leader in sports. But with sports media’s embrace of gambling comes an increasingly hostile media environment toward players. Last year, the NCAA reported that about 1 in 3 star athletes receive abusive messages from sports bettors at some point in their careers. Singletary’s own Instagram account was flooded with angry comments from sports bettors, with a few spurned bettors taking to his latest post announcing his engagement to wish him a speedy divorce. In this context, ESPN’s errant TikTok could have very serious ramifications.
Online sports betting is ubiquitous. It is sanctioned by the major professional sports leagues and the media outlets that cover them, and it directly leads to increased scrutiny and abuse of players. After ESPNBET’s post, some suggested that Singletary should sue for defamation. Could he?
The short answer is yes, but he has little incentive to do so. As a public figure, Singletary would need to prove that 1) the TikTok would be understood by a reasonable person to falsely convey he was up to betting shenanigans; 2) ESPN subjectively knew better (the so-called “actual malice” rule, which generally protects inadvertent errors); and 3) he suffered damages.
Courts view certain statements are so damaging on their face that they presume reputational harm. This is called defamation per se. Statements that tend to damage someone's business, trade, or profession fall under this category. Pursuing this legal theory would be Singletary’s best shot, as he can argue that the ramifications of an accusation like this have never been more serious for athletes. Just this year, the NBA levied a lifetime ban on former Raptors player Jontay Porter for betting on league games and giving inside information to bettors. Porter was convicted of wire fraud related to the scheme and could face significant prison time. It’s not a leap for fans to infer foul play when a player is said to be making decisions on the field with betting lines in mind.
Even still, proving defamation per se would only entitle Singletary to nominal damages: as low as one dollar. To collect any meaningful money from ESPN, he would need to show actual, quantifiable evidence of financial harm . Singletary does have a few paid partnerships but is not one of the NFL’s most marketable stars. It’s admittedly hard to imagine Singletary ever being paid to promote DraftKings, but ESPN could argue that he was never a candidate to begin with, given his middling statistics. Certainly the Giants know he was acting in the interest of the team. Would it be worth accruing hundreds of thousands, even millions, in legal fees in a Hail Mary attempt to clear his name? Probably not.
Still, media outlets are playing with fire in their headlong embrace of sports gambling. With outlets, sportsbooks, and celebrities encouraging fans to bet on “whatever the sport, whatever the moment,” all the ingredients are there for a serious gambling scandal.
In the meantime I’ll stick to my tried and true gambling strategy: putting $20 down on an annual fantasy league with my friends, pouring hours into research, and finishing in 11th place.
