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Thursday, May 11, 2006

The NBA And Their Suppression Of Free Speech

It is probably well known that the NBA will fine players, owners and other personnel for criticizing referee calls. One of the most fined persons is Maverick owner, Mark Cuban, who was recently fined $100,000 for arguing with a referee on the floor at the Sunday's San Antonio game and another $100,000 for posting referee criticism on his blog.

Half of the punishment was for going on the court Sunday to complain during the Mavericks' 87-85 loss to the San Antonio Spurs in Game 1 of their second-round series. The rest was for some critical comments made in a blog entry he posted Sunday under the title, "How to improve NBA Playoff Officiating."


While Cuban may have been out-of-line going on the court during a game, he would seem to be well within his constitutional rights when writing about how he thought officiating could be improved on his blog. At any rate, the fines totalling $200,000, appearing to be highly excessive, were obviously intended to discourage Cuban from future criticism of the NBA.

That the NBA under the direction of David Stern is a sovereign force within itself is describe fully by Mickey Charles in See no evil, hear no evil and certainly speak no evil:

Apparently, freedom of speech and the First Amendment applies to the rest of the civilized world but certainly not to professional basketball. Their plenipotent prince, David Stern, has limitless power over his universe and his sovereignty does not permit anything but denial of the facts. To think differently or dissent is an offensive crime, foul if you will, that interferes with reality and the NBA has a low tolerance level for anything that interferes with their capacity to rule with unlimited power in an incontestable framework of authoritativeness

You can certainly criticize the President of this nation but not the NBA. You can call to task your employer and critique the very product for which you are responsible but you cannot find fault with the officiating in the NBA. You can watch ineptitude and incompetency unfold before you and on the big screen that hangs above the arena floor but you cannot point it out if you are a coach in the NBA. You might even be able to scream at a referee during a game and question his capabilities in the heat of the action but, in professional basketball, you cannot elaborate upon that in public or at a press conference


Where are the liberal adherents of individual rights and the ACLU on what would appear to be an obvious infraction of the freedom of speech clause of the 1st amendment? Well, the liberals are probably too occupied with Bush bashing to give any heed to this question and as for the ACLU, their agenda appears to be full with anti-Christian and pro-Muslim lawsuits.

For one brief moment in 2002, a principle liberal spokesmen of that time , Ralph Nader, took some action against the NBA speech suppression when he wrote a letter to the NBA which stated in part that:

No government in our country can lawfully stifle free speech and fine those who exercise it; the NBA under present circumstances can both stifle and fine players and coaches who speak up. There is no guarantee that this tyrannical status quo will remain stable over time, should you refuse to bend to reason and the reality of what occurred. A review that satisfies the fans' sense of fairness and deters future recurrences would be a salutary contribution to the public trust that the NBA badly needs.


Unfortunately, Nader does not appear to have gone beyond that statement to pursue a legal challenge of the NBA speech suppression policy. Today, that apathy seems to be shared by everyone, sports enthusiasts or not.

Comments

Avatar for The Whistler

It’s the same thing in college athletics.  I find it interesting that you can criticize the other coach, you can criticize the other team, you can criticize your own team, you can criticize your wife (at your own risk).  But you can’t criticize "participants" in the game that are making very good money.

Our sport up here is college hockey.  Frankly all of the programs and most of the players exhibit excellence in some ways.  The weakest part of the league is the officiating.

How can you fix something that’s broke if you can’t talk about it.  I think that if you talk about it in certain ways it can be a positive.

I see it being different when you’re talking about officials at lower levels.  At that point you’re almost dealing with volunteers.  Being overly critical won’t help improve the situation. 

The Whistler on May 11, 2006 at 11:54 am
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I see doc’s point, but here’s a thought: Doesn’t Mr. Cuban’s team have a contract with the NBA allowing them to play in the league?  And doesn’t that contract have language about team officials (up to and including the owner) complaining about the refs?

I think banning all criticism of refs is a silly way to run a basketball league, but if Cuban signed the contract... 


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

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Rob on May 11, 2006 at 12:00 pm
Avatar for The Whistler

In the case of the NBA Cuban has a voice at the owners meetings.  I’d hope they’d be trying to improve the situation.

In the case of NCAA hockey I honestly don’t think they’re trying to make improvements.  The NHL has come a long way in comparison. 

The Whistler on May 11, 2006 at 12:13 pm
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Well, the contract between the NBA and the Mavericks could prohibit criticism of refs at the risk of a fine without defining the amount of the fine.  Whether or not any such prohibition exists in the contractual language is beyond me.

I can’t imagine that Cuban would sit still for such fines, though, if he weren’t contractually obligated to pay them. 


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

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Rob on May 11, 2006 at 12:33 pm
Avatar for The Whistler

I watched a Beyond the Glory feature on Cuban a few years ago.  He said he didn’t care about the fines as they went to charity.

If Ego could substitute for basketball talent he’d be MVP every year. 

The Whistler on May 11, 2006 at 12:39 pm
Avatar for Robert Perry

Halfway off topic, I think Cuban is wrong.  If a ref needs to fly all over to call a bunch of games, he’s going to end up with bone-tired legs and he’s going to miss the call no matter how good he is.

But he’s got a good complaint; in the "money product," it’s highly irritating to fans when the refs are missing easy calls, especially when it affects the outcome of a game.  It’s pretty bad in some games, and I half wonder if the problem is that the leagues are expecting prestige to get good officials even in lieu of great pay.

Robert Perry on May 11, 2006 at 12:41 pm
Avatar for The Whistler

Making errors is a fact of life.  If you think that refs should make more money fine.  However they should have money taken away when they make mistakes. 

 

The Whistler on May 11, 2006 at 12:46 pm
Avatar for snowballs

Boy this is a difficult one.  My disclaimer is that I’m a Mavs fan if not just for geographic reasons, but I like Cuban immensely for his role in the community.  However, I’m not a basketball fan anymore because my tolerance threshold for the behavior of the players was crossed with the Ron Artest fight.  Done.  Never again.

The NBA is really taking a beating on this kind of thing and now the league has to implement these outlandish fines, not because of the owners’ criticisms, but for the players’ actions and attitudes.

The good news is that Cuban probably makes ~$200,000 before breakfast on most days.

snowballs on May 11, 2006 at 12:54 pm
Avatar for Robert Perry

Or you could simply not let them get the "plum" assignments.  I just looked it up, and refs in the "bigs" earn something around $1000-2000 per game officiated.  This is rather "ordinary" pay for consulting professionals like those in engineering and law.  I would dare suggest that if they want true "superstars" in this, they might want to up the ante a little bit and pay more dollars and the same prestige.

Robert Perry on May 11, 2006 at 12:55 pm
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I stopped watching the NBA when I was really young, just after Larry Bird left.  I followed Michael Jordan for a while because I always thought he was a classy guy and one heck of an entertaining athlete, but largely I’ve lost interest.  The league seems populated with little more than thugs, and the antics have become akin to professional wrestling.


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

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Rob on May 11, 2006 at 01:04 pm
Avatar for The Whistler

I just looked it up, and refs in the "bigs" earn something around $1000-2000 per game officiated.  This is rather "ordinary" pay for consulting professionals like those in engineering and law.

 Why do you compare it with Law?  That’s like the School Teachers need a raise because many of them make less money than the head guy at Exxon.  What does school teaching have to do with being a Chemical Engineer running the largest company in the world?

Frankly it’s probably the best by far job the officials can get.  When they approach a prospective official do they turn them down for the money.  Does the NBA lose officials because they can make more money elsewhere.  

To sum it up you set your pay scale to recruit the guys you want and to keep the guys you want, period.  Now if you want to give some incentives over and above that fine, but it shouldn’t take that much to get the best effort out of these guys. 

 

The Whistler on May 11, 2006 at 01:04 pm
Avatar for Robert Perry

Whistler, you make a good point.  What I’m getting at, though, is that there may be a large pool of prospective referees who could do even better, but who don’t submit a resume because the pay in their current professions is better.  Hence the comparison to other professions that, say, a fairly intelligent former QB might attain.

Robert Perry on May 11, 2006 at 01:19 pm
Avatar for The Whistler

Where do basketball refs come from?  I would guess that the guys you want are ones that played college but weren’t good enough to make it to the pro’s.

It would seem to me that having a program to somehow get the smartest of these kids interested in officiating might be your best chance.  I dont’ know what it’d take to do that. 

The Whistler on May 11, 2006 at 01:33 pm

If Mark Cuban is unhappy with the NBA, he should leave the Association. No one is forcing him to be in it. He could start a new basketball league full of owners who DO want to criticize officials on their blogs.

Where are the liberal adherents of individual rights and the ACLU on what would appear to be an obvious infraction of the freedom of speech clause of the 1st amendment?

I don’t see how this is a freedom of speech issue. The NBA has the right to create its rules and set up punishments for those who break them.

Dave on May 11, 2006 at 01:40 pm

Where are the liberal adherents of individual rights and the ACLU on what would appear to be an obvious infraction of the freedom of speech clause of the 1st amendment?

The First Amendment reads:

 Congress shall make no law (...) abridging the freedom of speech.

The NBA is not Congress. This is not a first amendment issue. I disagree with the NBA’s decision, but it’s hardly unconstitutional.

Dave on May 11, 2006 at 06:43 pm
Avatar for J.R.

The NBA is not Congress. This is not a first amendment issue. I disagree with the NBA’s decision, but it’s hardly unconstitutional.

I agree with Dave on this.  This is hardly what I would call a violation of free speech.  I can be fired from my job if I start a blog and start criticizing the decisions my company makes and etc., so would that also be a violation of free speech?  If Cuban is pissed, he can go try and start his own league.

I also agree with DocDave’s statement: 

If an organization can set its own rules on speech, I guess that you would agree that they could set rules on anything else too.  Like baring  certain people from being members of the organization.

That’s why Augusta National Country Club does not have to admit women and should not be forced to admit them.

J.R. on May 12, 2006 at 04:09 am
Avatar for calm down, USA

Snowballs, why did you give up on the NBA after the Artest fight? It’s likely to happen occasionally in an aggressive, competitive environment, although I condemn it as irresponsible and stupid, of course. Were fans not chucking stuff at the players before too, or is that a myth?

Another extraordinary incident a few years ago was the then Manchester Utd player Eric Cantona’s flying dropkick on a Crystal Palace fan who had run down to the first row to call Cantona “a French bastard” or similar (worse). I think Cantona had already just been red-carded and the fan was rubbing salt into the wounds!

http://www.metacafe.com/watch/92044/whats_this_guys_problem/?filters=5#comments

Please ignore the fatuous, untrue comments about pregnant women. It’s pretty clear what “the guy’s problem” was.

In some ways I think sportsmen often show a lot of restraint (not in that case) in not reacting to tens of thousands of opposing fans wishing them naught but ill!

calm down, USA on June 2, 2006 at 05:11 am
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