
We previously discussed the racist comments of Clippers owner Donald Sterling. We discussed the possible sanctions under the NBA rules, which are confidential. This afternoon NBA Commissioner Adam Silver announced that Clippers owner Donald Sterling will be suspended for life and fined $2.5 million. That blows away any prior sanction of the NBA.
Silver announced “I am banning Mr. Sterling for life from any association with the Clippers association or the NBA. Mr. Sterling may not attend any NBA games or practices, he may not be present at any Clippers facility, and he may not participate in any business or decisions involving the team.” That is pretty much a demand that he sell the team though he could use his general manager for some of those functions.
The $2.5 million fine will be donated to anti-discrimination organizations, which is a particularly nice touch.
I have little sympathy for Sterling and found his comments deeply disturbing and unsettling. However, it will be interesting to see if Sterling, who is a lawyer, will fight the fine. He is being banned and fine for private comments that he did not intend to be released publicly. While this is not the government (raising first amendment issues), it is a free speech questions. We have been discussing how government employees like teachers and police officers have been punished for statements and activities in their private lives. I have opposed that trend. In this case, Sterling did not even intend for this comments to go to anyone other than his girlfriend.
The question is where the line is drawn on private comments. No one would suggest sanctions Larry Johnson for (after the Sterling comments) reportedly called for all-black teams and league or his prior comments calling players “rebellious slaves.” He was clearly upset with the news and venting on social media. I understand that. Indeed, his call for some black owners of NBA team is understandable given this controversy and reflects a long-standing objection to the paucity of black owners in the NBA. Yet, those were intended to be public comments and might be viewed as offensive by white players or owners or fans. If the NBA rules extend to private communications, I am curious as to how it distinguishes between comments both public and private. When it comes to free speech, we tend to favor bright line rules but this is a rule that is neither published nor clear. Sterling may be the easy case due to the vile nature of these comments but Silver does not address the standard that has been and will be applied to owners and players.
The counter to this argument is that, as a NBA owner, Sterling agreed to comply with the rules, including the undisclosed rules of conduct. His comments clearly created an embarrassment for the NBA and other teams. Yet, my guess is that these rules are vaguely worded and this sanction is far beyond prior punishments. He probably could challenge it under contractual and even anti-trust theories.
In the end, he is being banned for being a racist (which he vehemently denies). However, if he did not act in a racist manner to the team or fans, should his private views be the basis for a ban. What is owners are anti-gay or anti-Semitic or anti-Muslim in private? Can they all be banned if a third party reveals their views or a private conversation surfaces?
What do you think?
Karen, Randyjet states that both parties are guilty, but it seems to happen more on the right. Again sorry but I must agree with him. Free speech allows us to make such observations and for you to voice your disagreement. That’s a good thing, no? It’s not personally insulting, unless you represent your entire right wing cohorts, which probably isn’t the case, as we are all individuals. However there are trends that are observable.
From CBS news, a link within the Legal Insurrection link provides additional information:
“HHS contends that the committee only collected data from about half of the insurers that offer plans on the federal marketplace. Furthermore, they are pointing to statements from insurance executives who’ve said that the percentage of enrollees who’ve paid is higher: WellPoint CEO Joe Swedish said about 90 percent of people enrolling in WellPoint plans are paying, while Cigna CEO David Cordani said that in January about 75 to 80 percent of people had paid their premiums.
It’s also worth noting that the data collected by the Energy and Commerce Committee represents premiums paid by April 15 — two weeks after open enrollment had closed. However, millions of Americans enrolled in the final weeks, and many finished the enrollment process after March 31. Consequently, many Americans on the new marketplace simply didn’t owe any premiums by April 15.”
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If it is not too cynical, I want to point out that it is a House committee report, headed by a Republican. The House – the guys who voted 52 thousand times to repeal ACA.
It’s too early to declare victory or defeat on ACA.
I do believe that “52 thousand times” is either hyperbole or needs a link.
“I do believe that “52 thousand times” is either hyperbole or needs a link.”
It just seems like 52 thousand times.
But if we give them a minute or two they will probably get there.
OK, that is not literally true. It would take more than two minutes to vote 51,950 times – even if no one took the time to read the text of the resolution.
Do you really think the HHS is going to admit what a failure they really are?
Ah… Karen s,
Here I am, pointing at “Americans” for this problem…
… I meant “Mankind”.
Karen S,
I do not disagree with you. I have a history of getting bent outta shape when one person or another broadly brushes their ire toward specific groups of people so as to cast blame against the whole lot.
Terrorists aren’t specifically “Muslim”.
Pedophiles aren’t specifically “Catholic”
Americans have defined it that way to “feel safe”. So as to isolate a specific group to monitor and ‘keep in line’. It’s been that way in America for far too long. What we’re witnessing is the public shaming of broad brush strokes and the people spreading that paint. I still can’t give blood. TYVM Ronald Reagan. Good thing I’m not a black woman… That’d be a trifecta of paint layers.
Sure, Annie. At 1:14 you said, “Here, here, Randyjet.”
Here is what he wrote:
“Then there is the other part in which there is an actual will to lie and say it is all justified for our party and class. While that is true on both parties to a degree, it is more pronounced on the right wing. Those folks are indeed racist and have been with us forever and will be in the future. This is why we have such polarization in our politics. That they are willing to do such things as shut down the government and seriously damage our country for partisan ends shows the end of the post WWII folks to seek the common good and the ascendancy of the extreme right. It is impossible to have good faith negotiations when one side wants to kill you or destroy your life.”
I have greatly enjoyed some of Randyjet’s posts, but here we obviously disagree. I hope that he keeps a more open mind about the character of conservatives in general. In any case, his insights into the issues of the blog are so interesting, I enjoy them much better than his reasoning for why we conservatives should just march into the sea, figuratively speaking. He doesn’t know me at all, and obviously would mistrust any personal anecdote I share.
Who would do away with Thomas Jefferson, Mark Twain, or Will Rogers? We cannot apply anachronistic standards to figures of the past. We have to compare them with others of their own time.
“Millions.” We are a nation of 314 million. How many millions are racist? We are trending in the right direction. So, why would people constantly accentuate the negative instead of the positive? There is money and votes to be made on throwing around “millions of racists.” Divisiveness sells papers, increases ratings, and inflames the darker nature in people.
Karen, could you do me a favor, could you point out which commenter I “applauded” as you say, that called all Republicans and Fox news watchers racists? I checked this entire thread and I don’t see it. Did I miss it?
Saying there are lots of bad people in the world is not the same thing as saying that conservatives, on the whole, are racist, mentally challenged, liars. I think the mentally challenged bit really got to me, because one of my husband’s relatives died young who was handicapped. People could be really mean to her. It just broke my heart. And this divisiveness is frustrating and counter-productive.
Sorry, but I can see that I’m offended, and I don’t want that to color my posts until I’ve started a problem myself. Here I am complaining that people don’t get along, but my own statements might just pour gas on a candle flame. I need to go “simmer down” for awhile!
And Karen, I’m not saying there aren’t racists in the Democratic party or on the left either.
Karen S
With vigilance, I think personal insults are on their way out.
Demeaning generalizations? Let’s start with Thomas Jefferson.. Would you do away with Mark Twain, Will Rogers?
Karen, I’m sorry but I can’t in good conscience not agree that there are still millions of Americans that are racists. It’s terrible and sad.
Bob, Esq.
The moral of the Don Sterling story is one of a history catching up to one’s self.
His history of racism is plete. There are settlements and court cases. Testimony of his.
What I find puzzling is how what he said is somehow excusable because (list reason). So far in the past few threads about the Clippers, we’ve witnessed excusing Sterlings rant on: “set up” “his gf” “his ex wife”.
Is it true that Sterling demanded that his gf remove pictures of former NBA players from her Instagram account who were black? Is it true that he demanded that she not be seen with these same people at his games? Is it true that some were former players of the Clippers? How is any of that any one elses fault BUT Sterlings? No one ‘forced him’. Who was going to make him stop?
Annie – you applauded a poster who called all conservatives some vile names. Bad form, and I believe you are a thousand times better than what can pop out at an unguarded moment.
Can’t we please leave personal insults and demeaning generalizations at the door? Can’t we act like we’re all invited to the same cocktail party, where it would be humiliating for adults to degrade to throwing shoes and drinks?
This racism episode in the media has been marketed by the vast liberal democrat conspiracy. It is timed against the Benghazi and IRS revelations.
How do you define racism? Is it 10%, 50%, 75%, 90% in your neighborhood? At what point do people move? You’ll be able to define racism with a statistical study of the history of primary residence location. Where do people live and where have people moved from?
We believed Lincoln on slavery, secession and war. Should we believe Lincoln on race? Was Lincoln uneducated, misinformed, twisted or correct? How do we apply Lincoln’s thesis? Here are the words from Lincoln:
“I will say then that I am not, nor ever have been in favor of bringing about in anyway the social and political equality of the white and black races – that I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. I say upon this occasion I do not perceive that because the white man is to have the superior position the negro should be denied everything.”
The point was not that millions of people are racists. The repeated statement has been made that Conservatives, Republicans, and anyone who watches Fox News is racist. Prejudice like that should nauseate everyone. The fact that there are those who are not does prove that prejudice does exist today.
This report is from the House Energy Committee.
http://legalinsurrection.com/2014/04/one-third-of-obamacare-federal-exchange-signer-uppers-havent-paid/
Max – the comments were specifically that conservatives, or those who watch Fox News, are racist, mentally challenged, etc.
There are evil people in the world, and there are good people who do thoughtless things. For example, there is no excuse to say something like conservatives are mentally challenged. It’s embarrassing for the posters to even say such a vile thing publicly. Do they own a sports team? Because they’re going to have a very difficult conversation with special needs groups, who would be rightfully outraged at someone using such a label as an insult.
Karen S
I take your point about racists. My point was somewhat different @ 3:59. But I do agree with Annie that unfortunately, millions of Americans are racists.
When we first ‘met’ I told you that I thought you were the most optimistic person I had known in a long time. Perhaps you are ‘suffering’ from a too sunny view of life.
(Who wouldn’t, in SF?)
Paul, point out where I called anyone here any name.
Karen s.
“Replace “conservatives” with “black people” and perhaps you can see why comments like that are creepy.”
Replace Gay people Black People… Any States banning Conservatives, their Conservative marriages, their Conservative unions, their Conservative rental apartments, their Conservative jobs?
Please instruct the Conservatives on board to stop comparing Democrats to racists. As if only Democrats are racist and that Donald Sterling is a Democrat.
I am a long proponent that political affiliation is not a method to separate the masses… Racism is an affliction that doesn’t necessarily part evenly down the political spectrum. It (racisM) has colored both sides of America’s (D)&(R) divide. So, why the need to assail one political party for what Don said? I thought we were going with, “The ladies in his life do all the thinking for him, that is why it’s their fault.”
Like the picture of the dog who dug through the grass clippings…
… The green paws tell us everything we need to know where the dog has been digging. The rabbit didn’t make him dig for it, his dog nature did!