Donald Sterling and the NBA

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  • HerkMeOff
    HerkMeOff Posts: 1,002 Member
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    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
    tycho_mx Posts: 426 Member
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    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
    MBrothers22 Posts: 323 Member
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    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
    rm33064 Posts: 270 Member
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    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
    rml_16 Posts: 16,414 Member
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    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
    MBrothers22 Posts: 323 Member
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    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
    Trueray Posts: 1,189 Member
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    No fried chicken?! Perhaps some kool-aid? no okay more for me.
  • HerkMeOff
    HerkMeOff Posts: 1,002 Member
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    No fried chicken?! Perhaps some kool-aid? no okay more for me.

    Got any purple drink?
  • Trueray
    Trueray Posts: 1,189 Member
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    No fried chicken?! Perhaps some kool-aid? no okay more for me.

    Got any purple drink?

    What sizzurp?
  • SunofaBeach14
    SunofaBeach14 Posts: 4,899 Member
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    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_
    ryry_ Posts: 4,966 Member
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    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
    rm33064 Posts: 270 Member
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    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
    MBrothers22 Posts: 323 Member
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    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
    HerkMeOff Posts: 1,002 Member
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    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
    SunofaBeach14 Posts: 4,899 Member
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    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
    ntdrive Posts: 105 Member
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    He's banned because he's bad for business. NBA is in the business of entertainment and making money foremost.
  • ryry_
    ryry_ Posts: 4,966 Member
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    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
    rm33064 Posts: 270 Member
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    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
    NormInv Posts: 3,302 Member
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    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
    jchap389 Posts: 54
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    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/
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