The fact that this is a penal code statute is of no relevance to the admissibility of these tapes in a civil proceeding. The statute says so by its own terms. I have a case right now against a plaintiff representing himself, and it can be frustrating. Please, just trust me. I know what I am talking about. If this was a case in which you found yourself embroiled, what would you do? If you are smart (and I believe you are) you would contact a lawyer to analyze it for you. That's what you should do here instead of trying to figure it out for yourself. As Rumsfeld said, you don't know about the unknown unknowns.
Likewise for the claim that he is being punished for the reaction. That is not what Silver said. He based it on the tapes, not the reaction to the tapes. I doubt very much that the NBA bylaws provide that if the public doesn't like you, the NBA can fine you. The bylaws would have to provide for some kind of proscribed conduct by its owners, players and coaches. Otherwise, Danny Ainge would have been out of the league decades ago. :).
I see you are repeating yourself on several things, and I am not going to repeat why they are incorrect. Go in peace, my good man, but just remember this post and check back with me in a few weeks or whenever Sterling's lawyers lay out their arguments.
You really should learn to listen to other people. As I’ve pointed out multiple times they don’t NEED the tape to be admissible if it goes to court, they have the press clipping. The tape doesn’t matter, the tape NEVER mattered, he’s being punished for the PR hit, the PR hit is easily proven. And what Silver said in the press conference also doesn’t matter.
It’s just a presser, not under oath, not useful as any form of evidence, he can contradict every single word he said in the presser while under oath with no repercussions.
the bylaws provide for conduct detrimental to the league: http://mediacentral.nba.com/media/mediacentral/NBA-Constitution-and-By-Laws.pdf which means PR hits. Sterling doesn’t have a leg to stand on.
Only reason I’m repeating myself is because you keep saying the same wrong thing over and over. Since you can’t come up with something new there’s no need for me to. Sterling probably won’t sue, or if he does it’ll be with the goal of dragging this out until after he dies. If it actually lands in court he will lose.