NBA's Rules & Fines: Are They Legal?
Clearly, rules prohibiting free expression of opinions and ideas are unconstitutional if promulgated by a governmental entity. The NBA is able to enforce such rules -- though they are blatantly and admittedly anti-free-speech -- because it is not a governmental agency but a private concern, and everyone who works in it can be made subject to its rules since each such person agreed to those rules in advance.
But.... is it really that simple? Doesn't the NBA have a MONOPOLY on professional basketball in the USA? As such, anyone working within the NBA does NOT REALLY have a choice in the matter, does he/she? The NBA is holding a financial gun to the temple of every employee/member, saying: "You either follow our rules, or we'll terminate you." Is that legal? Better question: CAN THAT BE CHALLENGED IN COURT?
Once, just once, I'd like to see one of these multi-millionaires throw a few bucks at some lawyers and go to court over this issue. Maybe Rasheed Wallace? He's not working in the system anymore, so why not? He stands to gain back ALL THE MONEY he ever paid to the NBA in fines (must be close to a $1 million, no?), plus interest and possibly punitive damages. And he's got the temperament for it. So why not? DO IT. SUE THE BASTARDS. And let the whole rotten system hit the fan. Just ONCE.
Ok, and if not that.... how about us? Why don't we form a "Fans' Union", and DEMAND certain changes in the NBA?!
#1 - No more technical fouls, unless the transgressor meets certain CLEARLY PREDEFINED standards, which will include only the most extreme cases. No more techs-on-a-whim.
#2 - If anyone speaks the TRUTH about an official or a game or the NBA -- he CANNOT BE FINED or punished in any way, no matter what.
#3 - Immediately fire 3 or 4 of the worst refs in the system. We'll pick them by referendum.
#4 - Institute a "Video Ref" in every game, who has the ultimate authority to overturn any call made by any on-court ref (which the video ref must do in time so as not to slow down the game).
#5 - David Stern must cross the court, bend down, and kiss his own behind in front of the television cameras.
#6+ - Reserved for other wonderful fantasies ideas.
So there.
(P.S. Two starters + fill-ins does not = "the Celtics". Our team is on hiatus. They'll be back, we hope, in about a month. Until then, expect the worst, hope for the best, and don't get bent of shape no matter what. That's not our team out there. Seems kind of a relief, actually, knowing that these games can't be taken seriously for a while. Personally, I'm just gonna have some fun until "the Celtics" come back.)
Be respectful and keep it clean. Thanks.
6 comments
|
0 recs |
Do you like this story?
Comments
Wishful thinking
Your last paragraph- the P.S. is the most important and says it all, which all Cs fans should take to heart.
With regard to your wish list DRJ1, There are some changes with respect to the refs that need to take place, I agree, as not all of them are first class.
Then again, not all of the players who are in the NBA are first class players either. We have to take some of the bad with the good. Let’s face it though, a lot of ref abuse was taking place by a number of players; very often by some of the stars who think that the world owes them a living, and something had to be done.
Since the institution of the techs for verbal assault and acting up, a lot of it has stopped, or been toned down noticeably, compared to what used to take place. Now, as the season progresses, a lot fewer techs are being called, and when they are called, it’s usually to the same individuals who haven’t learned when to shut up. I don’t have records, but I’m willing to bet that overall, there are fewer techs being called as the season goes on, since a couple a game can be costly in the long run. [ There may be stats available on that score? ]
As the players tone down the invective, the game will progress more smoothly, with fewer fouls/ techs being called.
I don’t agree with a ’ video ’ ref, as the refs on the floor would be looking over their shoulders all the time, any time a potentially controversial call would take place. As it is, the refs tend to check the play back monitor when there’s a really close call.
However, I do believe there should be a review panel that goes over each game, and marks the refs. If enough bad calls are made during a given period of time, then that ref should be demoted to the D- league, suspended, or even fired, if there are enough blatant errors. I’m sure the teams would pay for this oversight committee, as a way of improving the overall quality of the refereeing.
Lygafe.
Lionel Gaffen / Fotomix
Lygafe
Lionel Gaffen / Fotomix
http://lygaffen.blogspot.com/
http://community.webshots.com/user/lygafe
http://forums.internationalhockey.net/showthread.php?t=7448&page=2
International Hockey Forums > Europe > ISRAEL
Israel Recreational Hockey Association 2009-2010 & 2010-2011 [ Lygafe ]
Israel Ice Skating Federation - From the Media [ Lionel Gaffen ]
http://www.eurohockey.net/news/story.html?id=20090408104226_herzliya_emerges_as_israeli_national_league_champions
Ref review panel is great
… weed out the bad refs. Works for me!
Video refs would work… been thinking about it a long time, actually… they would give their input almost instantly, which would result in LESS time wasted by the refs looking at monitors, etc. And, of course, it would practically eliminate the ridiculous number of mistakes they make.
legally speaking
when brett favre got fined for NOT cooperating with the league even though whatever he did say could be used against him in court i wondered if that was legal. I researched it and it it is, the best analogy is that the e nba/nfl is like a private school or country club umder the law. If you dont want to pay a fine your only option is to leave the league. Pro sports is extremely protected under the law
by Perkinsschool4blind1 on Jan 5, 2011 5:08 PM EST reply actions
The only thing pro sports cant do
is discriminate on the basis of race etc. and soccer in england can even do that with nationality quotas and what not
by Perkinsschool4blind1 on Jan 5, 2011 5:14 PM EST reply actions
Don't the players collectively bargain regarding stuff like this?
If so, there’s no room for a lawsuit. The rules are fairly agreed upon by management and the union; an individual employee — particularly a member of the union — can’t then complain about those rules being unfair.
Second, regardless of whether a company is a monopoly or not, its employees generally aren’t entitled to complete free speech.
All the negativity in this town sucks. It sucks, and it stinks, and it sucks. - Rick Pitino

by 






























