Donald Sterling And The First Amendment Fallacy

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Donald Sterling banned for life

There are still lots of worthwhile conversations to have about repugnant racist and Los Angeles Clippers owner Donald Sterling even in the aftermath of NBA commissioner Adam Silver letting Sterling fall through a trap door by way of imposing a lifetime ban and a maximum $2.5 million fine on him.

RELATED: Black People Report To A Donald Sterling Every Day, So It’s Nothing New For Us

For starters, as the Associated Press’ Jesse Washington notes, Sterling is being exiled from the NBA due to racist views he echoed in private being made public. And though Silver answered questions as to why he wasn’t punished for actual racist behavior put in practice through his business dealings (settled one case, won another), that doesn’t change the reality that PR was the driving force behind Sterling’s punishment, not principle. If anyone knows this, it’s Bomani Jones who wrote numerous pieces about Sterling’s racism, including one essay entitled “Sterling’s Racism Should Be News.”

Finally, it is, and though I don’t think any of us should discount that the NBA, a large and highly influential national organization, took a hard line, no tolerance policy toward a man displaying a despicable amount of racism, there is something to be said of why it took so long to get there.

Now,  I’m less interested in conversations over whether Donald Sterling was punished for exercising his First Amendment right to say whatever he wants, no matter how vile it is. It’s one of those arguments always presented whenever a public figure faces consequences after a public backlash. I don’t know if people just want to be contrarians for the hell of it or if they’re in dire need of a quick lesson on civics and the way the Constitution actually works.

If you know anyone like this, please pass along a very important message: Do not confuse “free speech” with “showing my ass everywhere and enjoying life without any consequences.”

That is not how free speech works.

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