Anything You Have, I Can Take

The recent flap over so-called racist statements allegedly made by Donald Sterling, owner of the LA Clippers is a tumble down a slippery slope.  The result of this fiasco is that the NBA commissioner Adam Silver essentially stole Sterling's team from him.  But can he really do that, and if he can, is it a good thing?

From an article from Sports Illustrated, we learn: " . . . Silver has broad authority under the NBA's constitution and bylaws to suspend and fine an owner for conduct detrimental to the NBA. According to Sliver, Sterling admitted it was his voice on the recording in which he made racist remarks. Even if the recording was unlawfully created under California law -- the recording would likely be unlawful if the conversation was confidential and Sterling didn't give consent -- Silver is authorized to punish Sterling based on the recording's impact on the league. It is safe to say that Sterling's comments, have deeply harmed the NBA and its relationship with players, sponsors and fans. Sterling seems to lack a viable argument that his conduct was not seriously detrimental to the NBA."

"Sterling is also disadvantaged in challenging the suspension and fine because of how a court would treat such a challenge. A court would review Silver's decision under the deferential "arbitrary and capricious" standard of review. This standard would essentially require Sterling prove that the NBA -- and specifically Silver, acting as the NBA's ultimate arbiter -- failed to follow its own rules in how it investigated Sterling and punished him. For instance, if the NBA failed to authenticate the recording, concealed evidence or not requested a meeting with Sterling, Sterling might have sufficient grounds. Silver's remarks during the press conference, however, suggest all relevant rules and policies were followed. Absent Sterling proving there was a procedural defect of serious importance, Sterling likely has no viable appeal to either the fine or suspension. . . " 

OK, fine.  Let's look at this.  Did these comments really harm the NBA and its relationship with players, sponsors and fans?  If so, exactly how?  Some fans may be offended and boycott Clippers games, and that may hurt Sterling in the pocketbook.   That would be his loss and fans' right to do so.  But in a larger sense, has it hurt the NBA?  Hell, no.  How can one man's opinion - however offensive it may be to certain people - be "harmful" to an entire league?  And what about Silver's opinion?  Are we not allowed to disagree with his decision?  Are we so sensitive that we allow one man to steal another man's private property for no other reason than we may disagree with him, and without any semblance of due process?  Maybe Sterling is a real reprobate, and maybe someone is plotting to get him out of the Big Boy's Club of the NBA.  But using this situation for that nefarious purpose is not only ill-advised, it's downright dangerous in its probable repercussions.

Look.  I couldn't care less about what was said, or how it was learned, or how it was leaked, or how the uber-sensitive and perpetually offended among us may have reacted.  That's just a distraction, and I don't care.  I do care that any man or public body, or government agency for that matter, may seize private property for nothing more than a politically incorrect, dissenting opinion.  That's a slippery slope in a nation whose Constitution protects our God-given right to free speech, freedom of association, and security in our persons and effects. This is total nonsense, and in my mind, it's simply a way to redistribute a very lucrative franchise from Sterling to someone else. Notwithstanding the pseudo legal justification nonsense in the SI article above, I hope Sterling gets a good lawyer and sues the pants off the self righteous Adam Silver and the NBA.

We should watch this whole episode very closely, because it's another test case of how the "authorities" - whomever and wherever they may be -  will use fear and intimidation to re-appropriate your goods and chattel, just for expressing an opinion. It just happened to a rancher in Nevada, and it'll happen to us, too.  Mark my words.