Sterling and the Loss of the 1st Amendment

[CorvusRexus]

What part of the NBA being a private business confuses you? How has his 1st Amendment rights been abridged?

In that philosophy, Commissioner Silver is a CEO, the players and coaches are employees, and owners are like investors. Can a private business force an investor to sell his stock after it has already been bought, fine him, and ban him from that business forever?

You don’t understand.

Commissioner Silver is acting in accordance with the NBA constitution, a constitution that gives him the authority to do exactly what he did, a constitution that authorizes the other owners to force Sterling out, and a constitution that Sterling agreed to abide by as a condition of becoming an NBA owner.

Again, this is a private entity, made up of private companies that can draw up bylaws, constitutions, and contractual agreements anyway they wish, and subject members to any punitive measure the organization deems appropriate, however unwarranted and capricious you might perceive it to be.

It’s call the right to free association, the part of the First Amendment that’s relevant in this case.

So I can make a private institution and write a "Constitution" that supersedes the national one, yet I seem to recall you saying a local or state government couldn't pass laws nullifying federal ones? Are private institutions really more powerful than state or local governments?

 

[PaintMyHouse]

Are private institutions really more powerful than state or local governments?

Yes, they are. How long before you grow the fuck up?

 

[HenryBHough]

Are private institutions really more powerful than state or local governments?

Yes, they are. How long before you grow the fuck up?

Ah well, then any private institution can shut down any state or local government. Let's get on with that!

 

[theDoctorisIn]

In that philosophy, Commissioner Silver is a CEO, the players and coaches are employees, and owners are like investors. Can a private business force an investor to sell his stock after it has already been bought, fine him, and ban him from that business forever?

You don’t understand.

Commissioner Silver is acting in accordance with the NBA constitution, a constitution that gives him the authority to do exactly what he did, a constitution that authorizes the other owners to force Sterling out, and a constitution that Sterling agreed to abide by as a condition of becoming an NBA owner.

Again, this is a private entity, made up of private companies that can draw up bylaws, constitutions, and contractual agreements anyway they wish, and subject members to any punitive measure the organization deems appropriate, however unwarranted and capricious you might perceive it to be.

It’s call the right to free association, the part of the First Amendment that’s relevant in this case.

So I can make a private institution and write a "Constitution" that supersedes the national one, yet I seem to recall you saying a local or state government couldn't pass laws nullifying federal ones? Are private institutions really more powerful than state or local governments?

I think you might want to re-read the First Amendment a few times. Maybe that will help.

Focus on the "Congress shall pass no law..." part.

Then ask yourself - did Congress pass a law banning Sterling from the NBA?

If not, the First Amendment doesn't apply.

 

[CorvusRexus]

Are private institutions really more powerful than state or local governments?

Yes, they are. How long before you grow the fuck up?

And now your true idiocy shows. Show me a private institution's ability to tax, pass laws, hold public elections, etc.

Can't do it, can ya?

 

[CorvusRexus]

You don’t understand.

Commissioner Silver is acting in accordance with the NBA constitution, a constitution that gives him the authority to do exactly what he did, a constitution that authorizes the other owners to force Sterling out, and a constitution that Sterling agreed to abide by as a condition of becoming an NBA owner.

Again, this is a private entity, made up of private companies that can draw up bylaws, constitutions, and contractual agreements anyway they wish, and subject members to any punitive measure the organization deems appropriate, however unwarranted and capricious you might perceive it to be.

It’s call the right to free association, the part of the First Amendment that’s relevant in this case.

So I can make a private institution and write a "Constitution" that supersedes the national one, yet I seem to recall you saying a local or state government couldn't pass laws nullifying federal ones? Are private institutions really more powerful than state or local governments?

I think you might want to re-read the First Amendment a few times. Maybe that will help.

Focus on the "Congress shall pass no law..." part.

Then ask yourself - did Congress pass a law banning Sterling from the NBA?

If not, the First Amendment doesn't apply.

You didn't read my statement about changing the 1st, did you? And the part about the purpose of my arguments?

 

[theDoctorisIn]

So I can make a private institution and write a "Constitution" that supersedes the national one, yet I seem to recall you saying a local or state government couldn't pass laws nullifying federal ones? Are private institutions really more powerful than state or local governments?

I think you might want to re-read the First Amendment a few times. Maybe that will help.

Focus on the "Congress shall pass no law..." part.

Then ask yourself - did Congress pass a law banning Sterling from the NBA?

If not, the First Amendment doesn't apply.

You didn't read my statement about changing the 1st, did you? And the part about the purpose of my arguments?

I confess I had not seen it when I responded to the above post.

Now that I have, I can say that it's a monumentally stupid idea. The idea of "free speech" doesn't mean you don't have to take responsibility for speech.

Do you think an employer should be prevented from firing an employee who screams curses at customers?

 

[PaintMyHouse]

Are private institutions really more powerful than state or local governments?

Yes, they are. How long before you grow the fuck up?

And now your true idiocy shows. Show me a private institution's ability to tax, pass laws, hold public elections, etc.

Can't do it, can ya?

Yes, I can. The NBA has the ability to kick him out. The HOA's have the ability to say you can't paint your house red. The Historical Commission has the ability to say you can't tear that house down. The Country Club has the ability to say you can't be a member. Learn what the fuck you are talking about so you don't sound like such a child.

 

[HenryBHough]

Do you think an employer should be prevented from firing an employee who screams curses at customers?

In socialist France, and America's Apologist-in-Chief is striving daily to make America France-on-steroids, that's exactly the case. The employer would have to seek permission from government to even speak harshly to the employee.

For now an American employer might be able to fire such an employee but would to consult a lawyer first to be sure it was done in a way that would preclude any sustainable lawsuit.

And if the employee were "of color" or a professedly devout adherent of any religion (save Christianity) then there would be no way to avoid being sued.

 

[PaintMyHouse]

Do you think an employer should be prevented from firing an employee who screams curses at customers?

In socialist France, and America's Apologist-in-Chief is striving daily to make America France-on-steroids, that's exactly the case. The employer would have to seek permission from government to even speak harshly to the employee.

For now an American employer might be able to fire such an employee but would to consult a lawyer first to be sure it was done in a way that would preclude any sustainable lawsuit.

And if the employee were "of color" or a professedly devout adherent of any religion (save Christianity) then there would be no way to avoid being sued.

Anyone can be sued, for any reason, but the employer has no mandate to respect your Freedom of Speech. That applies to the sidewalk, not the sales-desk. If you work for the man, you follow his rules, period.