There is an interesting controversy over the free speech rights of a major league basketball player and a team’s effort to avoid unpopular public demonstrations. Mavericks player Josh Howard is shown in the video below disrespecting the national anthem and saying that, as an African-American, he was opposed to it. Obviously, school children have the right not to sing the song as do adults. The question is whether a player can be sanctioned under a contract for embarrassing public displays.
The Mavericks are reportedly upset over the video and seeking to “educate” players on such displays.
For the video, click here.
During a charity flag football game in July, Howard states “‘The Star-Spangled Banner’ is going on. I don’t celebrate this [expletive]. I’m black.”
Howard has proven radioactive for the team. In July, he was arrested for a drag race in North Carolina and previously he has admitted to being a regular pot user. He was also criticized for throwing a birthday party for himself in the playoff series when players were told to avoid such parties.
His lawyer could not be found for comment is believed to be in an undisclosed location with Dick Cheney.
Owner Mark Cuban indicated that, for now, he views the problem as the threat of cellphone cameras rather than the content of the video:
“That said, we will be going through some advanced communication-skill sessions together this training camp, I have explained to him that cellphone cameras are not your friend and that what you think you said on camera is never what people will hear when it shows up on YouTube or TV.”
There has been a long debate over clauses in these contracts concerning conduct that would bring controversy or disrepute to the team. However, this is a clear exercise of first amendment speech on the part of Howard — though obviously the vast majority of Americans (including the vast majority of African-Americans) would likely condemn his views.
It is a good thing that he doesn’t play baseball in Yankee stadium though, here.
For the full story, click here.
Its just the idea. It sits wrong with me. He’s in the NBA. Its an American sports giant.
I understand and respect everyone as an individuals right to say what they want, and its your right as an American to not like America.But public figures are another thing.
And he’s a public figure. Part of an American organization. A large, well established one.
I don’t like the Bush administration or what they’ve done to our country. And I know John McCain is just more of the same. And I speak out against the corruption like torture, pre-emptive war(it was the Hitler Doctrine before it was the Bush doctrine), domestic spying, etc, but its still our country, right or wrong.
Apparently its only his country when it comes to his bank account.
I see what you’re saying Cro Magnum. It is frustrating when multi-millionaires don’t seem to appreciate the circumstances that helped get them that way.
LJM
1, September 19, 2008 at 8:05 pm
Well, now, he may not be a “dirtbag.” Maybe he’s just ignorant and talks too much. We all have relatives like that. I think we should reserve the “dirtbag” label for folks who steal and lie and hurt other people.
You’re right. One off the cuff remark does not a dirtbag make.
But when the guys raking in money from the US and then calling the US Anthem “sh&t” and saying stupid stuff like “I’m Black”, as if that means anything, to me makes him a dirtbag.
He didn’t call our politics, or actions bad, or our leaders. He called our way of life bad. He called our country inherintly bad.
And he did it, while raking in our dough.
So while he may have a right to say it, I don’t think its the message our NBA wants to put out there to the fans.
You know I’m no fan of censorship, and I am not suggesting censoring him as a citizen. But I do expect more from someone representing the NBA.
Well, now, he may not be a “dirtbag.” Maybe he’s just ignorant and talks too much. We all have relatives like that. I think we should reserve the “dirtbag” label for folks who steal and lie and hurt other people.
I can see how a black man might consider a jingoistic song written during the heyday of slavery and calling America “the land of the free” to be “shit.” Hell, I’m a privileged white fella and I don’t care for the song too much, myself.
The guys making more money in a month than most of us make in a week, and driving a car that costs more than my house.
He doesn’t like America, but he has no problem enjoying all the benefits it has to offer.
The guys a dirtbag, and I’d fire him in a New York minute.
LJM
1, September 19, 2008 at 4:36 pm
I think tolerance of diverse viewpoints is the most valuable American value. I think it’s very possible to dislike the National Anthem (home of the free?), dislike nationalism, dislike our government and the politics that drive it, and still be a valuable asset to your community and your country
Tolerance of diverse viewpoints is one thing.
And speaking out against the mistakes of our leaders is one thing.
But to call our National Anthem “sh$t”?
What did the National Anthem ever do to him?
What does being black have to do with it?
If he doesn’t like Bush and Cheney, or Obama, or any leader, fine. Criticize them.Insult and mock them. Satarize them. But what did the National Anthem ever do to this guy?
Being an American doesn’t seem to have hurt him too much, considering how much the average NBA player makes. Why in the world would he call our countries National Anthem, “sh$t”.
I’m all for free speech but public professional sports organziations, like the NBA shouldn’t tolerate that kind of stuff. Perhaps I’m too far over the top on firing him. I don’t know. Its a tough issue. But being the NBA is an honor, and the youth of our nation look to this institution, and calling the National Anthem “sh$t” is over the top.
LJM,
I think what you said is great. I forsee a problem if, as Gino states, there is a contract clause that could come into play–other than that I must agree.
Sorry, that should have been (land of the free?).
As for Mr Howard, it’s the Mavericks here who need to show some American spirit, and fire him.
I think tolerance of diverse viewpoints is the most valuable American value. I think it’s very possible to dislike the National Anthem (home of the free?), dislike nationalism, dislike our government and the politics that drive it, and still be a valuable asset to your community and your country.
LindyLou,
Some of ‘us’? Get a clue!
I bet Jill never even heard of the Center for Constitutional Rights (CRC), until I posted an article from The Nation!
I’ve been actively advocating on this blog, elsewhere, and in my state for years, on behalf of the Constitution and States Rights, by calling for practicing lawyers, including the 50 State’s AG’s, to take a stand against these clowns, for a lot longer than most.
I care deeply about the legacy of my ancestors, who came on the Mayflower, governed in the colonies, and fought in the Revolution.
To me, its personal.
This blog used to be a pleasant place for intelligent discussion
on the law. It hasn’t been that for months.
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1. 1 Patty C 1, November 3, 2007 at 8:44 am
That there are no guarantees has a lot more substance when it comes to George Bush.
Patty C 1, November 3, 2007 at 5:22 pm
Granted!
This is not the end…
It is available for the various 50 State AG’s to bring actions under the Grand Jury system against the Federal branch(es), who effectively refuse to confront these troubling issues, under our collective States Rights to a Republican form of government under the Constitution -thereby taking the matter out of “Washington, D.C.”, altogether. N’est ce pas?
It is not known what the result would be – especially because it has not been done before 😉
It would send a few messages for sure-good times!
PC
Gino and Patty, did you have a nice Constitution Day?
Some of us recognize that Cheney and Bush have done a fair amount of damage to the Constitution. I guess that’s why we tend to haunt the blog of this constitutional expert.
Those of us who care seem to be in good (if not sparse) company:
http://www.madison.com/tct/opinion/305519
“…The most powerful statement of the week came from Sen. Russ Feingold, the Wisconsin Democrat who chairs the Senate Judiciary Committee’s Constitution subcommittee, at the opening of Tuesday’s hearing — which Obama and McCain should have attended — on how to repair the damage done by the Bush/Cheney administration to the system of checks and balances and our fundamental liberties.
Decrying the administration’s record as a “shameful legacy that will haunt our country for years to come,” Feingold declared that America needs to “get started right away on this immense and extremely important job of restoring the rule of law.”
Don’t all posts relate to Bush/Cheney? I don’t need Gino to tell me that. As to Mr. Howard…if his contract allows for discipline for embarrassing activity, then the Mavs are the ones who need to do something. I am not sure that you can sanction him for exercising his right of free speech. If it is constitutionally permitted, how can it violate his contract? Not that I agree with him, but it is just a song!
…”Thanks for saving Jill the time. Can we just stipulate that all posts, no matter the topic, relate to Bush/Cheney?”
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So stipulated! LOL
Thanks, Gino.
You guys are in the wrong thread.
As for Mr Howard, it’s the Mavericks here who need to show some American spirit, and fire him.
He’s in the NBA. He plays AMERICAN Basketball.
If he doesn’t like America then he should go play for a country he does like.
I’m not for imposed patriotism but come on. The guys playing an American sport for an American team and disrespecting the coutries National Anthem is inexcusable. The Mavericks need to show that they care more about their country than winning games, and fire this guy.
JT: “The question is whether a player can be sanctioned under a contract for embarrassing public displays.”
If the contract so provides, I don’t see why not. I have an employment contract sitting here on my desk that has a broad “no scandal” provision (for lack of a better way of putting it). They’re quite common. I’d be interested to hear from someone who has either prosecuted or defended one, though.
JT: “His lawyer could not be found for comment [and] is believed to be in an undisclosed location with Dick Cheney.”
Thanks for saving Jill the time. Can we just stipulate that all posts, no matter the topic, relate to Bush/Cheney?
i can’t believe that mr. petcka is on trial for killing a cat. that is the height of stupidity. it was ONLY a cat. if he has to go to trial he should have killed the woman. what a waste of courts time and expense.
This is outrageous….I hope the judge throws this guy in jail for a loooong time….better yet, put him in a cage with some big cats at the zoo and let them at him….