William Peacock reasons that the National Basketball Association was within their rights to sanction Los Angeles Clippers’ owner Donald Sterling for his racists remarks to his mistress. (FindLaw, April 29, 2014) Given that the basketball league is not a public entity, the private bylaws – contractual agreements among the owners – league and players apply.
There may be some recourse for Sterling under the California eavesdropping laws. It is a misdemeanor to record a private conversation without the consent of all parties. But, of course, the NBA did not record the racist comments. (FindLaw, April 28, 2014, by Brett Snider)
Bill Zeiser questions the NBA’s proposed lifetime ban and $2.5 million fine on Sterling on the grounds that he was recorded without his knowledge. (The American Spectator, April 29, 2014) While calling Sterling’s remarks “odious,” Zeiser goes on to lament the effect of the case on the First Amendment, “This is another in a string of recent, sad moments for free speech. I know, I know. The freedom of speech only applies to government intervention. But the entire point of free speech is undermined when the norm becomes swift and decisive consequences for saying the ‘wrong’ thing.'”