A few days ago, National Basketball Association Commissioner Adam Silver imposed a $2.5 million fine, the largest the association’s by-laws allow, and a lifetime ban on Los Angeles Clippers owner Donald Sterling after he was recorded making racist remarks in a private conversation, it was widely reported.
We have no comment on this, except to dispel the myth, generated by several comment-writers in newspapers (see here, for example) and on blogs, that Mr Sterling’s free speech rights were violated and that he might have a case against the league on First-Amendment grounds.
Let’s take one more look at the First Amendment. It says:
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.
Not only has no law been made by Congress but a rule enforced by the commissioner of a professional sports league, but we want to point out, as I’m sure civics teachers have been explaining to students across the country, nobody is saying Mr Sterling can’t speak all the racist ideas he has in his twisted head.
But as with any speech, it has consequences that are often enforced by “rules,” not by “laws.” The First Amendment doesn’t cover rules by sports leagues, just laws enacted by the government. There’s a huge difference.
If I stand up in my cube in my office in downtown Baltimore and yell some really racist remarks, I’m probably going to be fired. I had every right to say it, protected by the First Amendment (unless it’s hate speech or aimed directly at a group or a person). But my boss also has the right to fire me for being a racist.
Mr Sterling has no case under the First Amendment for actions taken by the NBA. If you think he does, you need to speak to a government or civics teacher immediately.
