After the famous tape of Clippers owner Donald Sterling making racist remarks was leaked to the media, Sterling has been fined $2.5 million, is banned for life from the NBA, and will likely be forced to sell the team. Sterling’s legal team is fighting back — but does he have a case?
The Legalities of the Sterling Tape
Sterling has confirmed it is indeed his own voice in the leaked audio — recorded on a cell phone by his girlfriend — where he expressed racist views. But really, the first issue to be addressed is whether the tapes should be discussed at all, since they may have been made illegally.
Most states require only one person to be aware that a conversation is being recorded. California, however, is a “two-party” state, where it is completely illegal to record someone without his or her knowledge. Sterling’s girlfriend now says Sterling wanted her to record him because he frequently forgot what he said and the tapes refreshed his memory. If, then, the tapes were obtained legally, no laws were violated by leaking them to TMZ.
According to the NBA’s constitution, an owner may be terminated if the person fails or refuses, “to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.” Additionally, moral and ethical contracts Sterling has signed with the league over the years will also help back up the basis for banning the owner of the Clippers. The language in those contracts reportedly prevents Sterling from expressing views or taking actions that are detrimental to the league.
So Much for Privacy
What Sterling said was not obviously illegal, but the NBA — being a private club — can punish Sterling as it sees fit. The takeaway here? In an increasingly un-private world, we really can’t say anything in private to friends that we wouldn’t want heard in public.
3 comments
Janette Craig
Being tardy or absent a lot. Your employer, by law, must allow you time away from work without penalty if you are called to testify in court or are summoned for jury duty.
Does anyone know if one's employer has to give you the day off, without penalty (i.e. -taking away PTO or vacation days), if calls you in for the jury duty selection process?
Thanks,
Janette
Cited from: 5 Things You Can Get Fired For, and 6 You Can’t | NakedLaw by Avvo.com http://nakedlaw.avvo.com/rights/5-things-you-can-get-fired-for-and-6-things-you-cant.html#ixzz32KXRGq7H
gmansf1974
In California it is legal to record someone without their knowledge if its done in a place where the one being recorded can't expect privacy like public or around groups of people
Pedro Soto
I use to work with muric acid 40 hours 5 days. I could not breath and had heart surgery. I contacted the Attorney a young man came to the house,he said you have a case. Waited 10 days I get a call from the attorney that said, theres no case Fl. laws change. I complaint and was given another attorney. He said and I quote (I am going to take your case because this is a challenge for me. I ask can it be proven the acid did this, He said I quote I CAN. I am the best. Came first deposition, cancelled, second depo. cancelled, third depo. cancelled and fourth the other attorney appear on a call. If we wanted to settle for $4,000 dollars. I ask my attorney can he speak from the phone and cancelled so many times maybe he is lying. His words No I have known him for 20 years I don't think he was lying he is sick. WOW...aren't you suppose to defend your client???? I lost my home was terminated from my job because they did not want to wait the recovery time. No money for bills had to go beg for food and assistant in church. Have a stack of hospital bills. And as many times I call the lawyer he doesn't answer me. This is my experience with Morgan And Morgan's Attorneys.