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NASCAR’s Incoherent Discipline Policies on Display with Matt Kenseth Suspension

Once upon a time, the United States Supreme Court ruled that it could tell pornography when it saw it. In Jacobellis v. Ohio (1964), Justice Potter Stewart wrote, "But I know it when I see it, and the motion picture involved in this case is not that." The less-codified NASCAR judiciary does that all the time, and after reviewing an incident involving drivers Joey Logano and Matt Kenseth in the Nov. 1 Sprint Cup race in Martinsville, Virginia, officials announced Tuesday that Kenseth would be suspended for the next two races. Joe Gibbs Racing, Kenseth's employer, is appealing the decision. Precedent is rarely cited in NASCAR decisions. Officials routinely claim the past has no role in decisions. They judge each case individually and indepen...

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