Speaking as one with legal training, I think A-Rod skates around Rule 2. Speech is not an “act.” This distinction actually comes up in conspiracy cases with some regularity. An “act” requires, well, action. How can a non-act “hinder a fielder?” What if A-Rod had uttered a particularly funny “Yo mama” joke to the second baseman, who was doubled over with laughter and missed the play? Best not to start conflating speech with acts.

Turning to a less legalistic approach, it is hard to see how what A-Rod did is anything but the offensive equivalent of the hidden ball trick. As DMZ has written, this sort of thing has made the game deeper and more interesting. Personally, I’m agnostic about the “ethics” or “sportsmanship” involved. But since there is no rule against it, the defense can do equally sneaky stuff and, really, it was clever and amusing, this is not a basis for condemning the Yankee’s mercenary 3B. There’s much better grist for that mill.

Now I agree with you that it isn’t cheating, and there’s entirely way too much focus on it (certainly much more than if Jeter did it). Just curious what your take is on the injury angle.

http://www.boston.com/sports/baseball/redsox/articles/2007/06/01/did_a_rod_put_foot_in_mouth/

I disagree that it would be called heads up if Jeter had done it. People know that this is wrong because it’s considered to be a jerk move in slow pitch softball. Fake throws and tags don’t have the same reaction as someone who tries to call off outfielders. I’ve almost seemed some fights start because of that.