The NBA has to follow its own Constitution. Article 13 of that Constitution is
quoted in the article (I've read it in its entirety). Not sure how the NBA
defends a vote to force him to sell in court. What did he do that breaches a
contractual duty?There's no contractual duty not to be a bigot
or an idiot.Interestingly, his recent statement that he won't
pay the fine Silver imposed on him (which is supported by the NBA Constitution
since he can be fined for doing just about anything the Commish decides is
detrimental to the league) may give the league the grounds they need since
failure to pay the fine (after due process) could be a breach of a contractual
duty he has to the league. I'm sure his lawyers will figure it
out and, after all his appeals are exhausted, he'll pay the fine.
Wow. Comments are getting a little snarky aren't they?The
conversation with Mr. Sterling was not private. Evidently there was another
person there AND it was clear from the recording that he was aware he was being
recorded. That is why he has not denied or made any issue about the illegality
of the recording.Sterling is clearly a racist and he himself does
not really refute it. His ploy was to distract by talking about what a loser
and disgrace to humanity Magic Johnson is. I agree. He is a promiscuous
cheater and hardly someone who should be any type of example or role model.That being said NBA has its own constitution and as such can make its
own rules of conduct and Sterling appears to have broken them. A 3/4ths vote
will determine his fate.The real legal issue as I see it is why can
the NBA take the 50% ownership of the team from Sterlings wife? She has done
nothing wrong or made racist comments. The only thing she is guilty of is bad
plastic surgery.Sterling is wrangling legally (negotiating) to get a
bigger payday when he is ousted.
I am shocked by the people in here who think this is somehow ok, or excusable.
The guy was recorded. He owns a team that has agreements to set a standard for
appropriate behavior which he violated. This man has a record of this type of
behavior which was ignored by the previous commissioner. People keep talking
about "Free Speech" fine and dandy this does not absolve the
consequences for your actions. You can say what you want just don't expect
others to accept it. The NBA is a business, if you violate the rules and place
other's in jeopardy prepare for the consequences. Your job I would guess
has similar rules, how can this actually be shocking to anyone shows complete
Sterling is not guilty. Now he can sue the NBA for publicly accusing Sterling
for illegal recording of private conversation and publicly discredit the man.
The NBA should have publicly renounced these phone recordings as
unconstitutional and illegal then dropped all interest in what they said. But
instead they pursued the illegal use of conversations to punish and infringe on
his rights of free speech, that was tier big mistake and now Sterling can sue
the NBA for violating his rights.
Those who are bitter of Sterling, are no better then he is.Shameful!
I don't know where those in the comment section get the idea that we have
"freedom of speech" in our country. There are certainly limits to our
"speech" and Donald Stirling certainly crossed that line. I do believe
he has a right to fight legally the charges against him, but with loss of
sponsors and likely players that will not play for that team it will be a futile
effort. Donald Stirling will have to sell the team which likely will command a
price upwards to a billion dollars. I think he will be forced to submit to the
decision of the NBA because if he doesn't, he will lose a fortune in the
fight. I think reality will sooner or later sink into his mind.
NBA's a private club, he's gone.What's really
appalling are those willing to accept his racist ignorant statements as OK, No
Big deal.While I would defend his right to say whatever he likes because
of "Freedom of Speech," I would never defend what he said, even as a
private conversation, the things he said were classless, and repulsive. Much
like shouting fire in a theatre, your not immune from criticism, or legal
ramifications.Badgerbadger said: "So if someone releases
pictures of Mrs. Miller in her shower, in the privacy of her home, should the
Jazz be taken from the Miller family. "That has got to be one of
the worst analogies I've read.Recording an old racist saying horribly
racist and bigoted things candidly, and taking lewd photos secretly of someone
innocently showering, is the same thing to you?IMAPatriot2 said:
"It wasn't his intention to make them public. If we use this standard
of PC we are all in trouble."Only those who say repulsive, racists
remarks and might be embarrassed if the neighbors/friends/co-workers find
out.So "we are all in trouble" isn't true for ALL of us.
Magic Johnson IS a poor role model ironically in the same vein as Donald
Sterling. Both cheated on their wives. One got recorded and the other got
something much worse. The lesson here is to keep your wife happy and don't
So if someone releases pictures of Mrs. Miller in her shower, in the privacy of
her home, should the Jazz be taken from the Miller family.This is
crazy!If Sterling loses his team, he should sue the NBA for the
losses, and the sugar baby and her beau, you know, the guy who wants to buy the
team, and may have set the whole thing up.
Interesting that in his major media release against Sterling, Silver made very
clear that his penalties had nothing to do with any prior events but solely on
this one instance. Now the league is saying they are trying to oust Sterling
because of past behavior as well as current behavior.They are
embarrassing themselves.Silver proclaims that he has the votes to
oust Sterling before the hearing. Sounds like the Salem Witch Trials or the
McCarthy Hearings. Sounds like a bought and paid for jury. Sounds un-American.
Sounds like what you'd see in some third world dictatorship.They are embarrassing themselves.They are claiming substantive
damages to the league. Good luck in proving that. But I don't think
that's what they have in mind. What they are going to do is make the claim
and say it loud enough and long enough that a gullible public will start to
believe it is true even in the face of little or no concrete evidence.They are embarrassing themselves.I hate what Sterling said but I
hope he beats the joke we call the NBA. If Greg Miller supports this railroad
job, he should be ashamed of himself.
What grounds is there for "embarrassing the league" if the comments that
were made were designed to be private. It wasn't his intention to make
them public. If we use this standard of PC we are all in trouble.
I will say this, it wasn't Donald Sterling that has damaged the NBA, its
the officiating, the players especially the pre-modonnas.
Freedom of speech means that the government cannot censor him for his remarks.
The bylaws of the NBA say they can dump him if they want to.
The NBA can keep changing charges against Sterling until the cows come home,
they still aren't going to win. Don Sterling will keep his team, counter
sue the NBA, and be millions of dollars wealthier as a result. The last time I
checked this is still America and freedom of speech and personal possession of
property still reigns supreme (even with the Obama Regime temporarily in
"Silver has said he is confident he has the votes."What's the point of a hearing if you already have the votes?