Monday, June 9, 2014

BLOG – SILVER SENDS MESSAGE BUT DOES HE SET CONCERNING PRECEDENT?

Does an organizational or employment agreement extend into one's home and restrict one's speech within? Are we creating a system in which someone dismissed from a professional position is also fined for violating such an agreement?

by John Tyburski
Copyright © I Need Politics, Tony Alexiou. All rights reserved.


All of the major news outlets are abuzz with the Donald Sterling racist comments scandal and although readers are surely aware of the story, a brief recap may be helpful. Eighty-year-old billionaire owner of National Basketball Association’s (NBA) Los Angeles Clippers Donald Sterling, who is married to Rochelle Stein, said some disapproving things in private to his young mistress about “associating with black people.” The mistress, 31-year-old Los Angeles resident V. Stiviano, audio-recorded the conversation and without Sterling’s knowledge somehow let the tape find its way to the website TMZ. I will not quote Sterling’s comments in full as they are available elsewhere. In fact, a simple complaint about associating with a particular ethnicity is appalling in its own right. In other words, we do not need to see any more of the conversation to be upset.

Once TMZ and another website, Deadspin, made the recordings public, a firestorm ensued that even had President Obama commenting on it while overseas. NBA Commissioner Adam Silver, in only his third month on the job, concluded that Sterling was in violation of NBA policies and made a quick, firm decision. Sterling is banned for life from the NBA, and the league is exploring its options for making him sell the team. Sterling was also fined $2.5 million, the proceeds of which will be distributed among organizations advocating for nondiscrimination.

The negative implications of having a white racist team owner in the NBA should be obvious and although I could not find a source for bylaws or a code of conduct for owners, the NBA makes its position on discrimination apparent in their Licensee and Supplier Code of Conduct. It is common sense today that discrimination based on race is unacceptable, and nearly all organizations and enterprises have in place specific public statements on discrimination. In a strictly legal sense, racially biased speech uttered in private may or may not constitute a violation of nondiscrimination policy, and I anticipate that this will be a card that Sterling plays, if he goes to battle with the NBA over whether he has to sell his team. Regardless, the NBA has clearly made known that it harbors no place for racism within the organization, and I applaud Silver’s swift, severe, and certain resolution to the problem.

But here’s the tricky part. What is the fine for? I get the ban, and I completely agree with it. I am completely supportive of the right of an organization to create and maintain a culture of mutual respect and inclusion. But I cannot find in either Silver’s official statement or in an article on the NBA’s website about the decision exactly why the fine was imposed. The closest explanation I could find is that Silver meted “out a punishment he believed would satisfy outraged players and fans.”  Again, I abhor racism, but Sterling made his comments in private to someone with no association with the NBA. Is it not possible, however tasteless and offensive, that these comments fall under the protection of free speech afforded to everyone in this country under the First Amendment of our Constitution? Do we have the right to fine people for what they say?

My concern here is not at all to defend racism. Racism has no place in a society that affirms and celebrates the inherent value of the individual. Racism has no place in the NBA. Neither am I at all concerned about Sterling’s wherewithal to pay the $2.5 million fine. My concern is with whether in the future any organization that fires one of its members for speech with which it disapproves will fine or seize assets belonging to the one being fired. If they do in order to satisfy an angry mob, then I must say it seems a bit capricious. It is capricious to allow our emotions to determine the severity of a punishment.

I took an enormous risk even touching this subject, let alone offering any sort of dissension on any particulars of the proceedings. I implore my readers to do one thing. Consider all that I have written, restrain emotions, and remain intellectually engaged with all that has happened. Then yes, please decide whether I am right or wrong about the $2.5 million fine and any precedent it sets. I may be wrong and if I am, then please examine my words and understand that it is because I disagree with a part of how this case was handled, not because I believe racism is excusable. I am simply concerned about the fine and whether it sets a general precedent of also fining those we fire.

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