Saying Philbin and management should have been aware of the way players were talking to each other away from the team makes as much sense to me as saying the FCC should fine the NFL Network for Darren Sharper being charged with rape. After all someone at the station had to be aware of what was going on. You could argue Philbin should have know what was going on, but on less you can prove the head coach and upper management knew of what was going on and took no actions they should not be punished.
And as far as Incognito racial comments go, when he first start calling Martin a n***** to his face one of two things needed to happen. Martin needed to step up a say something and do something about it or he needed to make sure Philbin and management knew what was going on. He did neither. Again it makes about as much sense to me as my neighbor saying "hey n***** can i borrow your lawn mower" and me not saying anything to anyone and they being made at the home owners association or police for not doing anything.
On a side note I doubt the players just started talking to each other this way in the past two years, it likely goes back further with Jerry and Pouncey talking to others the same way others talked to them. If that's the case does it shine a light on why some Miami rookies have struggled in the past. I could see players like Vontae Davis and Michael Egnew really shutting down in that surrounding.