Posted on 04/30/2014 12:30:12 PM PDT by AZLiberty
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]
Key word being CONGRESS
A PRIVATE organization like the NBA is fully within its rights to sanction a fellow franchise owner
The Right of Free Association is also enshrined in the Constitution.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It doesn't mention the NBA. It doesn't say you can say anything you like without other people reacting to it. It certainly doesn't confer the right to own a basketball team. It only says *Congress* shall not infringe your rights to speech/religion/assembly etc. What has Congress done to Don Sterling?
In all his bull sessions at the University of Iowa did nobody tell Dr. Fisher that the 1st Amendment is there to protect our speech from government censorship and that the NBA is not the governmnet? They can sanction whatever owner or player they want for anything that owner or player does or says.
Ha you beat me to it.
the constitution limits the power of the State; the NBA is a private organization. the NBA is thus not constrained by the US Constitution. furthermore, sterling voluntarily agreed to be bound by the NBA Constitution; no one forced him to. finally, while sterling has a right to his noxious, racist views, he does not have a “right” to own an NBA franchise; that is a privilege
finally, it is not clear that sterling was unaware he was being recorded. apparently his mistress was employed as his “archivist” and sterling knew she was recording him, according to some reports.
I hope Sterling sues the NBA. At least one theory being the NBA is seeking an out of proportion penalty when weighed against the nature of the man’s wrong.
I hope Sterling sues the NBA. At least one theory being the NBA is seeking an out of proportion penalty when weighed against the nature of the man’s wrong.
Since the US Constitution apparently says I have to buy health insurance under threat of penalty, I suppose the NBA one can force the sale of a team.
To say nothing of depriving a man of his lawfully owned property and his right to enjoy his property.
This is bad, really bad.
Exactly. And if some other organization you belong to, say your health club, tries to fine you for your speech, you'd tell them to pound sand.
Difference is, this privelege is so lucrative that Sterling will do whatever they say.
Please tell me where in the 5th Amendment it states that if someone is a racist and expresses those views, he loses his right to acquire, use, and own property as he sees fit.
Be specific.
Maybe, maybe not. Did his purchase of the team include an agreement that he would be held to certain standards, and that his actions could result in certain consequences? I'm guessing the answer to that is yes.
So if he is forced to sell, he should be fully compensated at fair market value for his property.
Show me where the government has deprived him of that right. Show me where *anyone* has deprived him of that right. At worst, the NBA is exercising its own rights to freedom of speech and association and its rights under whatever contracts exist between Sterling, the Clippers, and the rest of the NBA.
Guessing, smesshing.
Show me the agreement he signed that has a morals clause or some other clause regarding his conduct.
Can you not hear the jackals howling for him to lose everything? I distinctly recall more than one commentator stating so.
The NBA can do what it wants. Doesn’t make it right.
I haven't heard any suggestion he wouldn't be.
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