[Vision2020] Political correctness run amok

[Tom Hansen]

Yep.  Looks like the recording is not only authentic . . . but legal as well.

Courtesy of CNN at:

-----------------------------------
Was it legal to record and release Sterling's racist rant?

(CNN) -- Los Angeles Clippers owner Donald Sterling is banned from the NBA for life.

Sterling has confirmed it is his voice expressing racist views on audio of a private conversation that was leaked to the media. Some who have followed Sterling over the years say he had shown this side before and the leaked audio led to public outcry too loud for the NBA commissioner to ignore.

But what of the recording itself? Was it legal to record? To leak?

Here's a look at some of the legal aspects of the recorded conversation between Sterling and his alleged mistress, V. Stiviano, who said she recorded the conversation.

Was it legal to record the conversation?

It depends what state you are in during the conversation. Most states require that only one person have knowledge that a conversation is being recorded for it to be legal.

But some states, like California, are "two-party consent" states where all of those involved in the conversation have to know they are being recorded for it to be legal. So depending on the location of the recording, if Sterling didn't know he was being recorded, the audio might very well have been obtained illegally.

Stiviano's lawyer, however, told the Los Angeles Times that Sterling knew he was being recorded.

The lawyer, Mac Nehoray, declined to tell the Times why Stiviano recorded the conversation, but said it was "by mutual agreement," he told the Times.

Banning Sterling food for NBA's bottom line

Was it legal to leak the audio?

Though some may question the ethics of the act, if the audio was legally obtained, no laws were violated by leaking it to a reporter.

The reporters who received the audio and disseminated its contents to the public also did nothing illegal, said Joel Kurtzberg, a New York attorney with expertise in First Amendment and media law.

Stiviano's lawyer has said that Stiviano was not the one who released the audio to the media.

Clippers unite and win

Was this a First Amendment violation?

Have Sterling's First Amendment rights been violated? No, Kurtzberg said.

No one is questioning that Sterling has the right to speak as he pleases, but the public and the NBA are also free to condemn what he says, Kurtzberg said.

Marc J. Randazza, a Las Vegas-based First Amendment attorney, wrote in an op-ed for CNN
that the NBA is private club and can punish Sterling as it sees fit.

But, Randazza wrote, it was morally wrong to leak the audio and violate Sterling's privacy.

We all say things in private that we may not say in public, he said, but "we now live in a world where if you have any views that are unpopular, you now not only need to fear saying them in public, but you need to fear saying them at all -- even to your intimate friends."

Opinion: What happened to Sterling was morally wrong

Who wants to buy out a billionaire?

-----------------------------------

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still.
But first you must learn how to smile as you kill,
If you want to be like the folks on the hill."

- John Lennon
  

> On Apr 30, 2014, at 1:59 PM, Paul Rumelhart <godshatter at yahoo.com> wrote:
> 
> I'm sure it made perfect sense from a financial standpoint.  That doesn't make it the right thing to do, though.
> 
> Of course I think it's appropriate for people to say 'That's unacceptable'.  I've fought for that on this list many times, even when I think they are being a bit hysterical like I do about this subject.  I'm talking about the NBA sanctioning somebody based of a recording of a private conversation.  Shouldn't you be able to say words to your lover in private without it costing you 2.5 mil?
> 
> So, one for you.  Do you think it's acceptable for whoever made that recording to do so and to upload it to the Internet?  Also, what other aspects of a person's private life should the NBA be able to monitor in order to sanction them if they find that lots of people object to it?
> 
> Paul
> 
> 
> From: Sunil <sunilramalingam at hotmail.com>
> To: vision 2020 <vision2020 at moscow.com> 
> Sent: Wednesday, April 30, 2014 12:39 PM
> Subject: Re: [Vision2020] Political correctness run amok
> 
> No Paul, if it weren't for:
> 
> -fans who may not buy tickets
> -fans who may not buy merchandise
> -advertisers who may not buy airtime
> -networks that might offer less money to buy NBA games
> -sponsors that may back away, as has already happened with the Clippers.
> 
> For all we know the NBA wanted the 70+% of its players who are African-American that racism is no longer quietly accepted. Who knows?
> 
> More fundamentally, Paul, do you think it's appropriate for people to say 'That's unacceptable'? 
> 
> Sunil
> 
> Date: Wed, 30 Apr 2014 12:12:38 -0700
> From: godshatter at yahoo.com
> Subject: Re: [Vision2020] Political correctness run amok
> To: sunilramalingam at hotmail.com; vision2020 at moscow.com
> 
> If it weren't for the millions of horrified fans trolling social media, the NBA wouldn't give a damn.
> 
> It would have been nice, though, if they had said "No, we're not going to sanction someone for something they said while having an private conversation with their girlfriend", but that was too much to hope for when there's cash on the table, I guess.
> 
> Anyone out there think he's the only team owner with a character flaw?  I highly doubt it.  He's just the one that got suckered into saying something that got recorded.  Why the hell should I care whether or not the owner of a sports team is a saint or not?
> 
> Paul
> 
> 
> From: Sunil <sunilramalingam at hotmail.com>
> To: vision 2020 <vision2020 at moscow.com> 
> Sent: Wednesday, April 30, 2014 9:20 AM
> Subject: Re: [Vision2020] Political correctness run amok
> 
> Paul,
> 
> Why didn't you call this 'Financial interests run amok?' That would at least address the NBA's primary concern. 
> 
> You seem convinced that the world operates on 'Politically Correct' ideas, when it runs on money.
> 
> The NBA is trying to grow its global presence. It wants to market in places where Africans and Mexicans and other people of color live. Do you think those efforts are helped when it becomes obvious that the owner of a team in one of the biggest markets is racist, and that's fine with the rest of the NBA? Do you really think it matters that the conversation was recorded illegally?
> 
> I'm sure some NBA and team officials are outraged by Sterling's racism. I'm sure ALL of them are horrified that he could ruin their financial plans.I 
> 
> I agree that the NAACP is going to come off poorly when it becomes obvious that Sterling was given honors in exchange for large donations.
> 
> Sunil
> 
> From: donaldrose at cpcinternet.com
> To: scooterd408 at hotmail.com
> Date: Tue, 29 Apr 2014 17:46:03 -0700
> CC: vision2020 at moscow.com
> Subject: Re: [Vision2020] Political correctness run amok
> 
> First, I am sorry for the three posts when one was actually more than enough.  I don’t know how it happened and I sure hope it doesn’t happen again.
>  
> I agree with Scott. I don’t know what criteria other NAACP groups use when selecting recipients for public awards but I doubt that bigotry is a requirement.  The folks who choose the old goat, had to be aware of his legal history with housing discrimination and that fact alone does not cover them with glory, does it?  Further, since his newly converted colleagues in the NBA ownership club are finger wagging like ninety at him now (I think many of them had genuine reason to fear financial damage to their own investments – which hardly makes them innocent bystanders particularly they hung with for a good many years without calling him out) the ground floor issue to me is love of money.  And, I don’t even want to think about the young women who were happy for daddy big bucks to support them.  I suppose we can expect a tell all book next.  Gag.
>  
> Rose Huskey
>  
> From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On Behalf Of Scott Dredge
> Sent: Tuesday, April 29, 2014 4:27 PM
> To: Tom Hansen
> Cc: viz
> Subject: Re: [Vision2020] Political correctness run amok
>  
> Nice to know that damn near anyone can buy a lifetime achievement award from the NAACP until their donor's dirty laundry makes a widespread public appearance.
> Subject: Re: [Vision2020] Political correctness run amok
> From: thansen at moscow.com
> Date: Tue, 29 Apr 2014 16:12:43 -0700
> CC: vision2020 at moscow.com
> To: scooterd408 at hotmail.com
> Courtesy of CBS News at:
>  
> http://www.cbsnews.com/news/donald-sterling-controversy-naacp-returning-all-donations-made-by-clippers-owner/
>  
> -----------------------------------
>  
> NAACP returning all donations made by Donald Sterling
> 
> LOS ANGELES -- The NAACP says Donald Sterling will not be receiving its lifetime achievement award from its Los Angeles branch after the Clippers ownerallegedly made racially charged comments in a recorded conversation.
> Leon Jenkins, president of the LA NAACP, said at a news conference Monday that donations made by Sterling will be returned. He wouldn't say how much money was involved but called it an "insignificant amount."
> Sterling had been slated to receive the honor on May 15 as part of the 100th anniversary celebration of the group's Los Angeles chapter.
> Sterling's purported comments urging a woman to not bring black people to his team's games have overshadowed the NBA's opening playoff round.
> There still has been no official confirmation that Sterling is on the recording, portions of which were released over the weekend by TMZ and Deadspin.
> Report: Magic Johnson wants to buy the Clippers
> CBSSports.com's Ken Berger answers key questions about Donald Sterling controversy
> Meanwhile, used car dealership chain CarMax and airline Virgin America said Monday that they are ending their sponsorship of the Clippers. A third sponsor, insurer State Farm, said it "will be taking a pause in our relationship with the organization."
> The NBA said it would make an announcement about its investigation involving Sterling on Tuesday.
> "This situation is a massive distraction for the league right now," said Sacramento Mayor Kevin Johnson, the former NBA All-Star who is serving as an adviser to the National Basketball Players Association while the Sterling matter plays out. "It must be addressed immediately."
> NBA commissioner Adam Silver's first priority is verifying Sterling's voice is on the recording. From there, Silver's next move remains unclear. He works for the owners - and so far that group seems to have no sympathy for Sterling's latest controversy.
> Among those who have spoken out publicly to condemn the alleged Sterling remarks: Washington's Ted Leonsis, Miami's Micky Arison and perhaps most notably, Charlotte's Michael Jordan, who won six NBA titles as a player.
> -----------------------------------
> Seeya 'round town, Moscow, because . . .
> 
> 
> "Moscow Cares" (the most fun you can have with your pants on)
> http://www.MoscowCares.com
>   
> Tom Hansen
> Moscow, Idaho
> 
> 
> "There's room at the top they are telling you still.
> But first you must learn how to smile as you kill,
> If you want to be like the folks on the hill."
> 
> 
> - John Lennon
>  
> 
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> 
> 
> =======================================================
> List services made available by First Step Internet,
> serving the communities of the Palouse since 1994.
>               http://www.fsr.net
>           mailto:Vision2020 at moscow.com
> =======================================================
> 
> 
> =======================================================
> List services made available by First Step Internet,
> serving the communities of the Palouse since 1994.
>               http://www.fsr.net
>          mailto:Vision2020 at moscow.com
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