By your argument, if he engaged in kinky sex and someone taped it without his knowledge and broadcast it and it embarrassed the team and the NBA, he would be responsible, too.
It just doesn’t hold. He was a victim of a crime, used specifically to shame him and the NBA completely outside of any defense or contextual explanation, in the court of public opinion. And that situation, that criminally victimized him, is being invoked against him to support a contact provision. Sorry, it won’t hold. His lawyers are going to sure the crap out of the NBA for exactly what they are trying to sanction him for - the effects of the bad PR he is receiving at their hands without due process or defense or criminal actions being taken into account.
And he will win.
He would be, and he wouldn’t be the first one to get in trouble for a sex tape. When you live a life in public you are responsible for your own press.
Sorry it does hold, your very example HAS happened. Pam Anderson lost gigs because of her sex tape that was stolen from her safe. Bad press is bad press.
The fact that you can say it was used to shame the NBA is exactly why my argument is right. HIS actions were used against the NBA, the commissioner’s primary job is to protect the NBA, he must be punished to protect the league.
No he won’t win. The best he can hope for is the fact that he’s 81 means he can probably drag it out in court long enough to die. He owns a FRANCHISE, franchise owning comes with rules, and part of those rules ALWAYS includes revocation of your franchise rights.