Apparently not because Sterling is bring punished for what he said in private.
But the thoughts became public. You don’t have true privacy when you speak to another person, for they can repeat them, and you can even be recorded without your knowledge, as in this case. There are a line of cases exactly on this point. What you choose to say to another is never truly private. Whether the recording is legal or not is another matter altogether (in some states it absolutely would be). The NBA received the recording in the same manner as you and I – through the media. And then they substantiated that it was his voice. So there is no problem there for the NBA. This isn’t a court of law, so it’s not like the tape is inadmissible. This is the court of public opinion.
Imo punishing thoughts and beliefs (no matter how despicable and unpleasant) as opposed to actions is a scary trend.
Again, what would you have wanted Silver to do? He would have been neglecting his responsibility if he did nothing and then allowed the league to tank, even risking a playoff boycot. Is that what you want him to do?
Some are attempting to link this event with some kind of broader constitutional discussion on privacy. I could be wrong but I don’t think Silver really cares. He cares about his job and his league first and foremost, as he should.
Lastly, on the point about thoughts and beleifs, it is well settled that inaction on racist belief is punishable by law. Examples, denying employment, housing, service, etc on the basis of race. All punishable.
