Lots of questions popped into my head yesterday after listening to Donald Sterling, owner of the NBA’s Los Angeles Clippers basketball team taped conversation that was “leaked” to TMZ Sports that by now has been heard by more people than President Obama’s last State of the Union speech.
What is the penalty for racist remarks? Should people who say racist things go to prison? Should they be fined per word, per thought, or per incident? Should punishment escalate according to amount of offenses? Is it a misdemeanor or a felony? Would the three strike rule apply to be considered a habitual offender and demand life in prison without parole? Should they have to attend racism classes for “rebooting,”? Is there a statute of limitations such as in Paula Deen’s case? Should it be legislated by state or federal government? Is it Constitutional to legislate against racist beliefs? It’s going to require the wisdom of Solomon and Abraham Lincoln to negotiate this issue.
THE LAW regarding taped Conversations
Some other ethical questions to answer concerning the Donald Sterling remarks. His trophy girlfriend, Ms. V. Stiviano, recorded this conversation without his knowledge. California, being a two party privy state, recording private conversations are illegal without both parties consent as per California Penal code section 630-638 . It is criminally punishable, the penalty imposed could be a $2500 fine and 1 year in jail. Also expect a civil lawsuit as the party recording the conversation can be held liable for any losses occurred by the other party. Would a judge have to strike from the record evidence obtained illegally? Is it ethical for news media to use illegally wiretapped conversations? Could TMZ be liable to Donald Sterling for damages for publishing an inadmissible tape and thus be guilty of libel for circulating something that can’t be substantiated cause the fruit of the evidence is tainted. Suppose the tape was altered? All of this adds up to some interesting speculation and thought as a society how we should address such behavior on this matter and others like it in the future.
The Defense?
First let me say, I think what Donald Sterling said was absolutely obscene and without defense. There is no excuse for it and shows his true colors(no pun intended). I’m sure his PR people will try to spin it or make an excuse. They could whip out the Ambien defense like Congressman Patrick Kennedy and Kerry Kennedy (quick side note: I was always amused they both got away with DUI using the same defense, awesome). They could have Donald Sterling admit to being a longtime sufferer of Tourette’s syndrome or Alzheimer’s disease. I’d have to use a Dr. Phil-ism for those excuses, “I’m sorry, but those dogs just won’t hunt.”
The Solution?
OK, let’s agree that there are no excuses for this behavior. Let’s also agree that he said everything on the tape with a sound mind, no drugs or alcohol involved and not a legitimate excuse in the world. So, Now what? Can the NBA commissioner Adam Silver force him to sell the team? The Los Angeles Clippers are worth $575 Million according to Forbes magazine article in January 2014. Will he get paid what it’s worth and won’t any qualified prospective buyer know the value of the team and the reason why he needs to sell and try to take advantage of the situation and make a profit on racism indirectly. Pandora’s Box on steroids when you start peeling the layers away from this smelly onion. Can players boycott their games effecting a breach of contract and not be held financially responsible for that breach cause their feelings were hurt? Should we listen to the unreasonable demands of Rev. Al Sharpton to make Donald Sterling give the team back to the NBA and forfeit almost $600 million dollars in equity and future income. Is this an equitable punishment for his “crime”?
Should Mr. Sterling be fined by the NBA for conduct unbecoming and actions detrimental to the league. Bingo, we have a winner. In this case, that is exactly what will be done. Sterling has owned the team since 1981, the NBA is a cronyistic organization and the NBA commissioner is appointed by the owners and serves at their discretion, Commissioner Silver will do as told. That’s the reality. A fine imposed, Mr. Sterling will be publicly shamed, the feature focus of many articles and the target of many media talking heads like Rev. Sharpton and his National Action Network, ESPN2 Keith Olbermann and the rest of the bandwagon jumpers. They will rally around an emotional issue and use that to further their own agenda and themselves “profit” indirectly from racism.
You Can’t Fix Stupid
Comedian Ron White coined this expression in his comedy routine. It’s the most accurate and only thing that can be said in Donald Sterling’s defense. We, as a free society, have to respect the right to thought, right or wrong. We have to respect the sanctity of private conversation.
Voltaire, a French philosopher, has been attributed with the saying, “I disapprove of what you say, but I will defend to the death your right to say it.” Is there a lesson to be learned from such a quote? Can this be the answer? Is the answer, tolerance of the feeble minded?
Ben Franklin said “If everyone is thinking alike, then no one is thinking.” Words to ponder because he was a staunch advocate of Freedom of Thought.
John F. Kennedy said in Saturday Review, October 29, 1960, “Let us welcome controversial books and controversial authors. For the Bill of Rights is the guardian of our security as well as our liberty.” No clearer words spoken by our beloved ex-president that would argue tolerance of the wickedly stupid.
Slippery Slope
You can’t make someone like anyone. You can’t force bigots to like their own prejudices. It only binds the hatred tighter. You can’t force people to associate with each other. The Beatles sung, “All you need is Love” but we also need tolerance of the stupid. Tolerance of the people that hate others. Let us ignore “the haters” and concentrate teaching the new generation to choose acceptance and appreciate what makes us different physically and culturally. You can’t criminalize ideas. You can’t legislate thoughts. The Constitution directly forbids the making of law by Congress abridging the Freedom of Speech. Yes, Hate words are unprotected speech but hate is protected. We are allowed to hate, it is our right. And there is a measure in place to penalize the haters if that hatred escalates to discrimination. It takes true enlightenment to understand the right course of action when dealing with hatred and a great place for guidance is in the Good Book.
Matthew 5-44: ” But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you .”
JibbJabber 