Monday, June 2, 2014

Issue 348 Racial Comments: Donald Sterling June 2, 2014

You are all familiar with the Clippers owner Donald Sterling and his racially charged comments that happened a little over a month ago.  Now that everyone has settled down a little and we know his fate, I feel safe in reacting to how he is to be punished. So let us discuss his punishments and how his punishments should have really been carried out.

Fined:  He was fined $2.5 Million over his racist comments.  This is the max allowed by the NBA as per their guidelines.  However, I disagree from a freedom standpoint with this part of his punishment.  You are punishing speech, "free speech" whether you agree with it or not.  Yes you are responsible for what you say and must suffer societal consequences (will discuss the alternative later), but punishing speech with a monetary fine (especially one that is a drop in the bucket for this multi-millionaire) if foolish and sets a bad precedent.  Why a bad precedent you ask?  Well, any speech can be offensive, and as such nearly any form of speech can thus be fined.  The result is people not talking out of fear of being fined for what society (or segment thereof deems negative).  Thus fining speech is not the answer.

Banned:  Sterling is also banned from all NBA related facilities.  This means he cannot even see his own team play.  However, this makes very little sense. If he owns the team (the Clippers) then would he not own the home stadium in which they play and practice?  Can we actually ban someone from walking on their own property?  The only way this could work is if the NBA owned the stadiums, in which case this would be perfectly legal.  If it is the case where team owners own the stadiums however, then it should be left up to each individual team and their owners to decide if they will allow Sterling on their property.  As such, the teams themselves can ban Sterling if the NBA has no ownership over facilities they do not own.

Forced to sell:  Ok, being forced to sell your own property (the franchise known as the Clippers) is very disturbing.  It is your property, you own it and then someone comes along and says you must sell it.  No, that does not fly with me.  Sure, he is a racist jerk, but that is not an excuse to be tyrannical and forcefully make him sell his team. As such, the individual teams should be able to decide if they are willing to play against his team or not.  And if they refuse to play, the NBA can ignore it so that the team that refuses does not have it counted against them as a loss.  Simple right?  Of course this rests on if the team is actually owned by Sterling and is not owned by the NBA itself.  In this case Sterling is a shareholder charged with certain responsibilities.  So if that is the case then they can force Sterling to sell without question.  However, I believe it is the former and thus Sterling should keep his team.

My punishment:  All the aforementioned punishments violate freedom in one way or another.  But my solutions and critics I mention above and what I am about to tell do not violate anyone's freedom of conscience.  So we have each team deciding if they will play the Clippers or not and if they will have any other dealings with him and his team (as mentioned above).  Now as to the rest of the solution, we as members of the population of the United States can ostracize him.  Essentially refuse to go to games in which the Clippers play, not to buy Clippers merchandise or any merchandise put out by Sterling's other business dealings, and even refuse to sell or associate with him.  Essentially a form of boycott that does not harm the team directly, but Sterling's income from our boycott.  Team members can also refuse to play for him so long as he owns the Clippers, thus allowing them to be free agents with the NBA protecting them from breaches in contract.  These are some very simple solutions that do not violate freedoms and yet embrace the freedom of association we all hold dear through the freedom of speech and peaceable assembly clause in our Constitution.  Yes, in this case we can punish Sterling for holding his backwards and hateful views through our God given rights.


Conclusion:  No form of speech is without consequence.  Also, any form of speech and expression will be offensive to someone in some way, shape, or form (including this issue of Jormungand).  So punishing people via institutions can become haphazard and result in tyranny in the long run.  Aiding by my suggestions, at the very least does not allow for a future institutions abuse via precedent, but does still keep the risk of mob rule (the weakness of all forms of Democracies).  So I embrace the freedom of association to punish, not the NBA trying to look tough on a foolish old man.

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