The Good, Bad & the Ugly...An NBA Debacle
- The First Amendment to the United States Constitution is a part of the United States Bill of Rights that protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition.
- "Article 35A of the NBA Constitution states that it's a violation of the league's anti-tampering rule for any person affiliated with an NBA team to directly or indirectly entice,induce, or persuade, or attempt to entice, induce or persuade, any player, coach, GM or other person under contract to any other NBA team to enter into negotiations for or relating to that person's services or to negotiate or contract for such services, or otherwise interfere with the employment relationship between that employee and the other NBA team."
The Constitution also says that potential penalties for tampering include suspension of the offending person, prohibition of the offending team from hiring the person being tampered with, forfeiture of draft picks, and individual and/or team fines of up to $5 million.
The Los Angeles Lakers were fined 50k because of Magic Johnson's compliments, in a media interview, where he spoke about Giannis Antetokounmpo, of the Milwaukee Bucks.
Magic Johnson says, "I'm just happy he's starting in the All-Star Game because he deserves that,""And he's going to be like an MVP, a champion, this dude he's going to put Milwaukee on the map. And I think he's going to bring them a championship one day."
Apparently, Magic Johnson was in violation of the NBA's anti-tampering rule. According to Adam Silver, commissioner of the NBA, such a compliment was a violation that prohibits a team executive from speaking publicly about a player under contract with another team. Reading Johnson's compliments, I didn't see anything that went against the tampering rule, Article 35A which is:
A violation of the league's anti-tampering rule for any person affiliated with an NBA team to directly or indirectly entice, induce, or persuade, or attempt to entice, induce or persuade, any player, coach, GM or other person under contract to any other NBA team to enter into negotiations.
Welcome to the NBA Giannis Antetokounmpo, who stated that Magic Johnson's comments were just a compliment. I don’t think Magic Johnson was tampering in any way. I think it was just a compliment towards a player. He was asked about a player and he gave a compliment. I don’t know what the rules are, but if you get fined for a compliment you get fined for a compliment.”
Should the Players of the NBA be briefed on Article 35A? For future compliments or criticisms, just to be advised.
How dare any manager give a compliment! Bad Magic, you should know better than that!
My Mom always taught me "If I have nothing nice to say, Don't say it at all!" If that were the case in life, I couldn't afford to survive.
A similar situation happened when the Lakers were fined $500,000 after general manager Rob Pelinka made contact with Paul George's agent which, according to the league, "constituted a prohibited expression of interest in the player while he was under contract".
According to Adam Silver, not the league, making contact is really an attempt to entice, induce or persuade, any player, coach, GM or other person under contract. Also including any other NBA team to enter into negotiations. There was no evidence to ever support this allegation.
The Cuban Chronicles:
A personal statement, from Dallas Mavericks owner Mark Cuban has cost him $600,000. According to "The League", his public statements are detrimental to the NBA, which means according to Silver, Cuban was acting Cuban-like, so fine him.
On a podcast with Julius Erving, Cuban shared his opinion that his team is tanking, which came after a dinner conversation with some of his players. I'm not agreeing with what was said, but in a dinner situation talking basketball & that they were not competing for a playoff, losing is the best option.
You cannot take a comment or comments out of a conversation, then single out a specific non-intentional meaning. In this case, Mark Cuban expressed his feelings of disappointment in his teams performance this season & spoke positively about the future of the Mavericks.
One thing I admire is, stating the truth, wether he did it in a detrimental way, or in a politically incorrect way. Whatever the difference is, it wasn't directed towards the players talent & ability. His position as an owner isn't to deter his team, he was talking about rebuilding, his teams summer plans, and coming back strong next year.
On Dr. J's podcast, Cuban says Adam Silver would detest what he said, but at least he had sat down and (in his words), explained it to the guys, straight forward. That's Mark Cuban, he's not the guy to sugar coat anything. And being an owner of the Mavericks, if he thinks talking to his players like this will motivate them or give the team stability, so be it. Again, it may not be as others would like, but it's his right to express himself, and he wasn't violating Article 35A.
Commissioner Adam Silver said the 600k fine was for "public statements detrimental to the NBA". The fine was for "Tanking Talk". I haven't seen that rule. Broadcasters, the league, the players, and so on, can attack him, but every one knows Cuban is a transparent guy.
One of his quotes: "I think people are tired of politics as usual. We're tired of everything being scripted; we're tired of every comment being politically correct".
So Adam Silver, who has dealt with some defining moments in his time as commissioner of the NBA, used his authority to ban previous owner of the LA Clippers for racism and cancel the 2017 All-Star Game that was supposed to be played in Charlotte, N.Carolina, due to the transgender bathroom issue..
The controversial ban on Donald Sterling was a set up by his girlfriend on a recorded phone call. Anyone that remembers when this story hit the media, it was commissioner Silver that thought he was a superhero!
I'm not in agreement with what Sterling said; "that he didn't want his girlfriend to bring black men to the games", but first of all it's a private phone call, second she set him up & third this was not a "conversation about race!
After the ban, Silver says that with all jobs things are changing these days & you really need to pay attention to everything that is happening in society. That he has to be a jack of all trades in his job as commissioner of the NBA. Also, he has a responsibility of maintaining a certain level of understanding in many industries & what is happening in the US and countries abroad is a must.
What Adam Silver is saying doesn't coincide with what he is doing within the NBA. The fining of the Lakers 50k in regard to Magic Johnson's compliments are not stated within Article35A, the anti-tampering rule. Then the fining of 600k on Mark Cuban, cause of "Tanking Talk", which I have researched every rule in the NBA, haven't found this one.
Playing Politics: In an interview with a Fox News host, LeBron James & Kevin Durant publicly & clearly stated their feelings about President Donald Trump. Comments such as Trump "is someone who doesn't understand the people and really doesn't give a sh*t about people", with Durant following up with "he doesn't think the country is run by a "great coach". LeBron made clear he wouldn't stay quiet because he was "more" than an athlete but also a political advocate.
When the Fox News host suggested that they should shut up & dribble ( an opinion to stay quiet about their political views and play ball), Lebron & Durant called the host "A racist". Mr. Silver's response; he was "proud of them".
In a CNNMoney interview, Adam Silver says he feels it's his job to protect players' free speech. Our first amendment does that!
According to the First Amendment, Freedom of Speech, has always been our right. Mr. Silver perhaps needs to be advised we have freedom of speech under the US Constitution! But unfortunately, as a commissioner of the NBA, it's not a "pick & choose" who you support or not. This "code of ethics" is not law abiding under our constitutional rights. The NBA Constitution, Article35A, none of the aforementioned events were "justified" as a violation.
Im just happy (sarcastic) that the commissioner of the NBA is really paying attention to everything that's going on in our society and staying current on his understanding of the international community.
I'm not defending anyone here, I just don't understand the authority of "The Who, What & Where" that are incriminated under speculation. "Our Freedom of Speech" should "NOT" sometimes be accepted, depending on the Who, What & Where. There needs to be consequences for our actions, both good & bad, but this is down right absurd.
Cat Gennaro