Free Speech Does Not Protect Sterling

Donald Sterling's right of "free speech" has come up a lot the last few days. The argument goes that, as repulsive as his opinions are, he has a right to them, and the NBA can/should not censure him because of them. In a recent ESPN piece, J.A. Adande quotes a lawyer who has depositioned Sterling:

"The NBA can not legislate to stupidity. I don't think there's anything that can be done. He has the freedom to speak his bigoted mind if he chooses."

The problem with this line of thought is that "freedom of speech" isn't about consequence. Freedom is meant quite literally:

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.

The first amendment just says that the government cannot lock you up, fine you, or otherwise persecute you because of something you said. It does NOT free you from the consequences of being a huge asshole.

Essentially, the NBA can "legislate stupidity". In fact, it does so all the time. Does anyone think that fining Marc Cuban $500,000 for statements about NBA referees violate his first amendment rights? Does anyone think that Mr. Cuban would pay that fine if there were a readily-available "free speech" defense for it?

There are certainly legal problems for the NBA here (including determining the authenticity of the recording), and there are limits to how they can and might sanction Sterling, but these factors are largely economic and political, and none of them really have to do with Donald Sterling's right to free speech.

People get fired for things that they say all the time. Call your boss a dick, and you're likely shown the door. Get in a shouting match with a customer, and your boss probably won't care how the argument started, or who was right or wrong -- you're gone either way. Embarrass the company by saying stupid racist shit? Yeah, gone.

The first amendment says that it isn't illegal for Sterling to act like an asshole. It doesn't say the NBA has to put up with it.

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