Mark Levine and Mark Cuban are now expressing similar sentiments as I do: this is a slippery slope to punish someone for a private statement made in a private conversation
Posted on | April 29, 2014 | 10 Comments
I was asked to respond to more questions, see below.
As I was driving home from work, I switched on the radio and was pleased to find out that former Reagan administration attorney and syndicated talk show host Mark Levine as well as Dallas Mavericks’ owner Mark Cuban agree with me and expressed the same opinions as I did.
We all agree that the statements by Donald Sterling are racist and inappropriate. We also agree that there is a difference between making inappropriate statements publicly and making them privately in a private phone conversation with one’s wife or girlfriend and that it is indeed inappropriate to punish someone for a statement made privately in a conversation.
I sent an e-mail to NBA to NBA.com, to Commissioner Adam Silver and demanded equal impartial punishment of banning for life as a team co-owner and $2.5 million fine for Shaquill O’Neill for an outrageous instgram where he mocked a person with disability, a poor African-American young man with facial disfigurement. (see below) I am awaiting a response from him, however I suspect that spineless politically correct puppet Adam Silver will do nothing and will not ban Shaquille O’Neil for publicly mocking a disabled African-American young man Jamal Binian. The public is encouraged to write to NBA.com and demand an answer from Adam Silver as to when O’Neil will be banned for life and fined 42.5 million. Keep in mind that Sterling’s statement was made privately on the phone to his mistress, when he expected it to be private. O’Neil mocked a disabled and disfigured young man publicly via instagram, which was seen by millions of people. Further, in regards to questions on free speech: it is not absolute. a classic example: you cannot yell “Fire!” in a crowded theater, as people will get hurt.
So, one of the readers asked me about free speech, how someone can be fined $2.5 million for exercising his free speech.
As I said, the right to free speech is not absolute. NBA is a private organization, which is governed by it’s bylaws. I do not have those bylaws, but I presume that a player or a team member is obligated to act in a certain manner and they can be fined or suspended for inappropriate behavior. However, typically such behavior relates to the game itself. Players can be suspended without pay and fined if they fight on the court, if they attack or curse referees, if owners and players gamble on games. To the best of my knowledge there is nothing in those bylaws stating that a statement made in private to one’s wife or girlfriend in a personal phone call can be used as a basis for punishment, for suspension or ban for life or fines.
Commissioner Adam Silver is a typical product of Chicago law school and political correctness school of politics. We shall see if he applies the same punishment to Shaquille ONeil.
Please clarify the legal aspect of FINING for free speech
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6:41 PM (2 hours ago)  |
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Dear Orly,
One more question please in respect to your recent post.
How does it add up legally at all that some organization (NBA) has a right to fine (!) a member for whichever he said?!! They can fire whoever they don’t like for whichever they don’t like their members said. But to FINE?! To fine for exercising one’s freedom of speech for $2.5 millions? How in the world can it be legal?!!
Please explain it in your blog, because I am sure not only I am puzzled: and not merely puzzled!
Though I am not a KKK member, nor am I a supporter of their ideology, I am sure that my thoughts and my public statements will be found racist by the Commissars of this regime. I do not care if any of these liberasts call me racist, but I cannot ignore it if (following this recent story) they may wish to fine also me…
Again, please explain the legal side of this entire story, because it is VERY VERY TROUBLING.
Just mind that in Britain they have arrested and charged a person for criticizing islam (by quoting the famous thoughts of W. Churchill):https://www.bbc.com/news/uk-eng
Yours truly
Alex
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April 30th, 2014 @ 5:45 am
Not long ago, the Black filmmaker Spike Lee made a statement directed at Whites who have been purchasing Brownstones in and around Harlem in NYC. He made is clear that he did not appreciate the presence of Whites in Harlem. He doesn’t want Black culture compromised by Whites. Nobody in the MSM called him out for being a Racist. That’s just what he is. I’m really tired of this Double Standard and it’s wearing thin on a lot of Whites.
April 30th, 2014 @ 6:42 am
This is a government orchestrated media collusion con job following what Eric Holder recently said about being picked on because of the color of his skin and of course Obama. Get ready folks. When Zullo and Arpaio release the evidence, the offic1ally government approved diabolical disorientation of the true facts against this administration will be steam rollered over by the propaganda media machine. Guaranteed. This administration is playing America like a card game.
April 30th, 2014 @ 7:17 am
Also, how can the NBA force him to sell his team?
April 30th, 2014 @ 9:36 am
WAIT A MINUTE……
What a fresh IDEA!!!!
If the NBA can ban Sterling for life, steal his business interests, and reak havoc over a private conversation;
Well why not do the same to the corrupt,corrosive elements in the Congress, the Senate and the House. WHY NOT BAN THEM FOR LIFE
for any criminal or corrupt acts they impose on the citizens they are suppose to serve.
It is illogical that the folks at the IRS, the State Dept, The Senate and the White House characters still remain in office or get promoted to some other plush “ZAR” status after they conduct themselves in such a hideous and perverse manner.
WHY NOT START A “BANNED FOR LIFE FROM PUBLIC OFFICE” for these real life criminals.?????
April 30th, 2014 @ 11:34 am
I think Mr. Sterling has a right to his own opinion,weather he made them in private or in the public, there is something called the constitution, and in the document somewhere it says we have a right to free speech. If I were Mr. Sterling I’d tell the NBA to pound sand, and if they want to go to court, that’s o.k. too. Mr. Sterling has enough evidence to back him in court to where he doesn’t have to worry about that little organization like the NBA.
Mr. Sterling sue the pant’s off of them! Good Luck NBA.
April 30th, 2014 @ 1:13 pm
it all smells like a setup-which is no excuse for bad behavior-but still a setup-
May 1st, 2014 @ 11:10 am
Of all the “news” coverage on this subject, NOBODY’S explained WHAT’S racist about what the man said. Remember when Eric Holder said that the USDOJ will not prosecute “black on white” crimes? That’s the most racist thing I’ve ever heard.
May 1st, 2014 @ 11:26 am
I am no fan of Holder, however I don’t think he ever said that
May 1st, 2014 @ 1:07 pm
Mark Cuban is one of the Sharks on The Shark Tank on tv, on Fridays. He usually has very truthful things to say…even to the point of helping a potential business pardner which deal is the best for them…even if it’s not his deal!
May 1st, 2014 @ 4:07 pm
Unfortunately, the fear of defending Mr. Sterling, if even to suggest the punishment is too harsh, is reminiscent of the Salem witch trials. There were likely many in the Salem courtroom who felt the woman being accused and convicted of being a witch and sentenced to burn at the stake was innocent or that the punishment was much too severe. But, if you spoke up the reply would be “seize her, for she too is a witch” or seize him for he too is a wizard”. Humans as a species cannot apparently overcome periodic emotional tidal waves of senselessness programmed into our minds as being corrective for the benefit of others. Generally, and as historically shown again and again, humans are extremely thin skinned when it comes to only verbage that purportedly causes mental anguish and emotional turmoil. What a weak species we must be!