Donald Sterling and the NBA

HerkMeOff

It's all academic right now anyways. No one is sure the commissioner can even do this and Sterling has a long history of litigation. I wouldn't be surprised to see him sitting court side tonight. This guy isn't just going to roll over and go away, would you?

Yes, I would.


Of course I wouldn't say or do any of the things he did.

I guess you're that special saint among us that has no bigotry in their heart for anyone or anything. Even Gahndi struggled with this buddy, I call bs. I'm sure you've said something hateful in your life...

There is quite a bit of a difference between saying something hateful and being a bigot.

tycho_mx

I don't get how they can ban and fine him....can't he just say F U what are ya gonna do if I don't pay the fine...ban me? lol

It actually is really easy.

NBA teams are franchises. So, say, a McD operator can't simply decide to sell tacos... or say "short people sit on the back" and stay in good standing with the franchiser and rest of the owner group.

So it's easy - some dude violated the terms of his job agreement, gets punished for it. What many people fail to understand this is not a "freedom of speech", or even a privacy thing. It's merely a business thing - a business partner is being detrimental (see exiting sponsors and bans) to the business as a whole in direct violation of the terms of the business agreement.

[Freedom of speech is a total side road here. He's not being prosecuted. His FoS is not violated in any way - the government is not involved at all. As a crude example, you're free to go to your boss and say he's an *kitten*, a rat, and a miserable *kitten*. You won't go to jail - FoS! - but probably won't keep your job. Your Freedom of Speech is not freedom of consequences from speaking]

This doesn't even go to a civil court (he can sue his GF for wiretapping him, but even that's dicey since he's asked her to record him in previous occasions), but to a business arbitrator. As per the NBA Constitution.

He can still have a basketball team. Just not an NBA franchise.

MBrothers22

Sterling's a racist idiot. But you know what? The U.S. has a right to free speech written into its Constitution. In America, he's within his rights to be a racist idiot. It's not against the law. Citizens also have the right to due process. Trial in the media or public opinion is not due process. Mob mentality advocating revenge scares me.

Your point will be valid if the US government charges Sterling with a crime for his statements. Until then I suggest you read up on constitutional law before making any more idiotic comments

rm33064

It's all academic right now anyways. No one is sure the commissioner can even do this and Sterling has a long history of litigation. I wouldn't be surprised to see him sitting court side tonight. This guy isn't just going to roll over and go away, would you?

Oh yeah I'm sure the commish just did this for no reason without understanding his legal power.

Please. He knew he could do this and did it.

He isn't citing the specific bylaws and laws are always up to interpretation. Plus his wife owns half the team can he force her to sell? This is not cut and dry there is a lot that goes into this.

rml_16

There aren't any "opinions" on this subject. There is only ONE correct thought process and this is it:

-He made racist remarks
-Since the NBA is a private company they can punish him for such remarks
-This has NOTHING to do with freedom of speech or the constitution in any way WHATSOEVER


It doesn't matter if anyone thinks it's "not fair" to fine and ban him for life. He signed a contract understanding these rules and he broke the rules and is no facing the consequences.

Agreed.

There could also be some discussion about the legality of recording a private conversation and making it public. Though I am pretty sure that is legal. Maybe unethical, but legal (just like his comments).

Per California law, the mistress could actually be charged and go to prison for what she did.

That, however, has no bearing on what the NBA chooses to do to Sterling.

You are correct. And apparently that is now the law in my state too. But only 11 states have that law now... and I wonder which law would apply if one person was in Ca (where both parties must consent) and the other is in NY (where only one party has to consent to it)....tho apparently even in Cali's law, if you are in a public place when the conversation happens, it could be argued that you didn't reasonably expect it to be private.

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

I would think the law applies in the state where the person with the recorder is? I don't really know. But weren't they both in the same state at the time? So it doesn't matter.

To be clear, though she could be prosecuted and while she's not really much better than he is, I think it would be a disgusting waste of resources to pursue that course of action against her. Our legal system is overtaxed enough.

MBrothers22

There aren't any "opinions" on this subject. There is only ONE correct thought process and this is it:

-He made racist remarks
-Since the NBA is a private company they can punish him for such remarks
-This has NOTHING to do with freedom of speech or the constitution in any way WHATSOEVER


It doesn't matter if anyone thinks it's "not fair" to fine and ban him for life. He signed a contract understanding these rules and he broke the rules and is no facing the consequences.

Agreed.

There could also be some discussion about the legality of recording a private conversation and making it public. Though I am pretty sure that is legal. Maybe unethical, but legal (just like his comments).

Per California law, the mistress could actually be charged and go to prison for what she did.

That, however, has no bearing on what the NBA chooses to do to Sterling.

You are correct. And apparently that is now the law in my state too. But only 11 states have that law now... and I wonder which law would apply if one person was in Ca (where both parties must consent) and the other is in NY (where only one party has to consent to it)....tho apparently even in Cali's law, if you are in a public place when the conversation happens, it could be argued that you didn't reasonably expect it to be private.

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

I did try to edit the part about the mistress in there before anyone saw but you beat me to it

Trueray

No fried chicken?! Perhaps some kool-aid? no okay more for me.

HerkMeOff

No fried chicken?! Perhaps some kool-aid? no okay more for me.

Got any purple drink?

Trueray

No fried chicken?! Perhaps some kool-aid? no okay more for me.

Got any purple drink?

What sizzurp?

SunofaBeach14

Oh it's you. The professional victim herself.

I see you have changed your profile YET AGAIN.

blocking as we speak.

lol! And let the dumpster fire begin . . .

You're sure in this thread a lot for someone who doesn't care?

I may have fibbed a bit just to watch the fire burn . . .

ryry_

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

rm33064

It's all academic right now anyways. No one is sure the commissioner can even do this and Sterling has a long history of litigation. I wouldn't be surprised to see him sitting court side tonight. This guy isn't just going to roll over and go away, would you?

Yes, I would.


Of course I wouldn't say or do any of the things he did.

I guess you're that special saint among us that has no bigotry in their heart for anyone or anything. Even Gahndi struggled with this buddy, I call bs. I'm sure you've said something hateful in your life...

There is quite a bit of a difference between saying something hateful and being a bigot.

Really? Never said anything racist? Nothing homophobic or sexist or bigoted ever??? Let me call the Vatican I've found a third saint they can canonize!!,

MBrothers22

It's all academic right now anyways. No one is sure the commissioner can even do this and Sterling has a long history of litigation. I wouldn't be surprised to see him sitting court side tonight. This guy isn't just going to roll over and go away, would you?

Oh yeah I'm sure the commish just did this for no reason without understanding his legal power.

Please. He knew he could do this and did it.

He isn't citing the specific bylaws and laws are always up to interpretation. Plus his wife owns half the team can he force her to sell? This is not cut and dry there is a lot that goes into this.

They haven't forced him to sell yet.

He has been fined $2.5 M and has been banned for life. That's all we're talking about here and if you think Adam Silver wasn't sure if he was allowed to do that, then to put it nicely, you're clueless.

HerkMeOff

Oh it's you. The professional victim herself.

I see you have changed your profile YET AGAIN.

blocking as we speak.

lol! And let the dumpster fire begin . . .

You're sure in this thread a lot for someone who doesn't care?

I may have fibbed a bit just to watch the fire burn . . .

I'm not surprised.

SunofaBeach14

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

While I generally agree, do you not think that there is a line of anti-semitism in the criticism? I'm honestly not a basketball fan so my knowledge of this subject is limited, but some of the **** that I've heard come out of peoples' mouths over this incident also had my stomach turning.

^ serious post. I probably shouldn't have done that . . .

ntdrive

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

ryry_

It's all academic right now anyways. No one is sure the commissioner can even do this and Sterling has a long history of litigation. I wouldn't be surprised to see him sitting court side tonight. This guy isn't just going to roll over and go away, would you?

Oh yeah I'm sure the commish just did this for no reason without understanding his legal power.

Please. He knew he could do this and did it.

He isn't citing the specific bylaws and laws are always up to interpretation. Plus his wife owns half the team can he force her to sell? This is not cut and dry there is a lot that goes into this.

They haven't forced him to sell yet.

He has been fined $2.5 M and has been banned for life. That's all we're talking about here and if you think Adam Silver wasn't sure if he was allowed to do that, then to put it nicely, you're clueless.

He is also pursuing a forced sale of the team, which requires 75% majority vote by the other owners. Its been surmised that he will sue and it will likely be fought out in court for several years, likely continuing until he dies.

rm33064

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

Why doesn't using a slur mean you don't hold the opinion? If you drop the n word you're labeled a racist right? If you drop a gay slur you're by definition a homophobe right? Let's ban Kobe next!

NormInv

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

Ok now we are getting somewhere. I still think that if they had let the markets play their part, he would have been forced to exit anyway.

jchap389

This was written prior to any decisions on punishments, but it's an interesting read still. It addresses the legality of quite a few of the topics being discussed.

http://sportsillustrated.cnn.com/nba/news/20140426/donald-sterling-la-clippers-adam-silver-nba/

ryry_

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

While I generally agree, do you not think that there is a line of anti-semitism in the criticism? I'm honestly not a basketball fan so my knowledge of this subject is limited, but some of the **** that I've heard come out of peoples' mouths over this incident also had my stomach turning.

^ serious post. I probably shouldn't have done that . . .

No problem, I would be curious to know which part you thought was anti-semitic, as none was intended. And I would agree combating racism with racism is not the right thing to do.

bomftdrum

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

That is the main reason the NBA is banning him. Pro sports in general do not care about the players. It is all about how much money can the team make.

dwm2112

I can't wait to see what happens next time somebody drops the n word, or someone says something homophobic. Do they get banned too? Where is the line exactly?

The line is wherever the whim of the mob mentality decides to draw it. That's the dangerous precedent. What tune will be sung when the mob decides to take Michael Jordan's team away, for whatever reason it wishes? (Jordan is part owner of the Washington Wizards.)

ntdrive

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

Ok now we are getting somewhere. I still think that if they had let the markets play their part, he would have been forced to exit anyway.

You're exactly right! I think the problem is if it was allowed to play out not only would it financially effect the Clippers, it could also effect the league as a whole. Corporate sponsors would think twice before dumping ad dollars into the NBA product fearing consumer backlash.

HerkMeOff

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

Ok now we are getting somewhere. I still think that if they had let the markets play their part, he would have been forced to exit anyway.

You're exactly right! I think the problem is if it was allowed to play out not only would it financially effect the Clippers, it could also effect the league as a whole. Corporate sponsors would think twice before dumping ad dollars into the NBA product fearing consumer backlash.

Spot on.

The NBA had to stop the bleeding.

NormInv

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

Ok now we are getting somewhere. I still think that if they had let the markets play their part, he would have been forced to exit anyway.

You're exactly right! I think the problem is if it was allowed to play out not only would it financially effect the Clippers, it could also effect the league as a whole. Corporate sponsors would think twice before dumping ad dollars into the NBA product fearing consumer backlash.

Agree....we have a winner! thread close

HerkMeOff

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

That is the main reason the NBA is banning him. Pro sports in general do not care about the players. It is all about how much money can the team make.

It's not just pro sports, that can be said about a lot of things in life.

rml_16

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

While I generally agree, do you not think that there is a line of anti-semitism in the criticism? I'm honestly not a basketball fan so my knowledge of this subject is limited, but some of the **** that I've heard come out of peoples' mouths over this incident also had my stomach turning.

^ serious post. I probably shouldn't have done that . . .

No problem, I would be curious to know which part you thought was anti-semitic, as none was intended. And I would agree combating racism with racism is not the right thing to do.

I'm curious about the anti-semetic comment, as well. I see no mention of Jews or Arabs ...

rm33064

He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.

Ok now we are getting somewhere. I still think that if they had let the markets play their part, he would have been forced to exit anyway.

I'm not a fan of this guy by any means and I don't agree with his remarks, but I must say he is being given the death penalty by an angry mob and it's happening very very quickly. I will say again they are setting a very dangerous precedent.

ntdrive

I can't wait till one of the players actually gets arrested or caught using a homophobic or racist slur. Somehow I doubt they will get a lifetime ban...

Kobe Bryant a few years ago was fined $ 100k for yelling a gay slur at a referee. While neither is acceptable, there is a difference in yelling a slur and holding the opinion Mr. Sterling does and the pattern of behavior he exibits towards minorities.

While I generally agree, do you not think that there is a line of anti-semitism in the criticism? I'm honestly not a basketball fan so my knowledge of this subject is limited, but some of the **** that I've heard come out of peoples' mouths over this incident also had my stomach turning.

^ serious post. I probably shouldn't have done that . . .

No problem, I would be curious to know which part you thought was anti-semitic, as none was intended. And I would agree combating racism with racism is not the right thing to do.

I'm curious about the anti-semetic comment, as well. I see no mention of Jews or Arabs ...

Anti-semetic? Sterling is Jewish