Banned for life

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Celebrim

Legend
If true, the tapes are admissible in any court.

Even if that was true, not necessarily. Blanket consent to tape everything that was said like that would be very hard to prove, especially in the case of an elderly person who was prone to 'forgetting things'. His lawyers will very likely be able to paint a picture of someone taking advantages of a ailing elderly man, and point out reasonably that the fact she had taped conversations in the past by no means implied that he had consented to this conversation being taped much less that under those terms that she was the legal owner of the tape and could dispose of it as she saw fit.

No, the fact that charges haven't been pressed yet IMO has more to do with the financial calculations involved in owning a team still in the playoffs than the relative merits of the case.
 

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Dannyalcatraz

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Under the rules of evidence, all she'd probably have to prove is a pattern of past recording on his say-so. If he himself ordered the practice because he is "forgetful", it works against him- he could very well have known that particular conversation was being taped and forgotten.

And all she'd have to do to prove this is produce more tapes.

If I were a betting man, I'd say those tapes contain information Sterling does not want to get out. He won't want to produce them. That means his lawyer's most probable response to an assertion on her part that he authorized the recordings is stipulating that the tapes were made on his authorization (conceding the point), or, if he fights, and must produce the tapes, he'll insist on an in camera review of the tapes AND a gag order. In all likelihood, only tapes with sensitive business info will be protected by a gag order- those containing more inflammatory speech won't.

That means more flak for being a racist.

So, the most probable court tactic by his lawyer will be stipulation to the assertion that the tapes were made because he asked that they be made.

IOW, admissible in any court.
 

Zombie_Babies

First Post
Snipped tons of good stuff

Glad to see I'm not alone - thanks for that very well put opinion.

Cite from a reliable source, please. As of Friday, her lawyers were saying that he knew the recording was being made, which would make it legal in CA, and there seems to me no news that she's been charged with the crime.

Really bro? You're smarter than that. What, exactly, do you think her lawyers are gonna say? That she illegally taped the conversation, baited him into saying the stuff to then use it for blackmail?

Newsflash: Most criminals convicted have seen their lawyers say they're innocent.

No, the market DID speak. Actually, more than one did:

1) the Clippers were losing sponsors within 24 hours; the NBA itself was threatened with losing sponsors

2) the market of employees spoke and said there would be a universal walkout. There is no evidence the threat would not be carried out.

3) fans- including season ticket holders- were threatening boycotts.

Many actions were proposed but few were actually taken.

Not thought, but speech, bolstered by past action.

Speech and thought are the same as neither is an action.

I think it is 100% OK for him to say whatever he wants, just as I do. I suffer no illusions that I might not face a backlash, as he indeed did.

And I have experienced backlash for speaking. On this very site, I made a statement that was offensive to @1B people. That wasn't my intent- I posted in haste and left out a few key words, didn't proofread, and immediately turned off my machine.

When next I logged back in 3 days later, I believe it was Umbran had left me a note that I was on a 2-3 day ban. I didn't say what I intended, but I absolutely said what got me in trouble.

So did this backlash cost you any money? Did it extend beyond this site? Cuz with Sterling what he said in one venue cost him dearly in another, unrelated one.
 

Dannyalcatraz

Schmoderator
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What, exactly, do you think her lawyers are gonna say? That she illegally taped the conversation, baited him into saying the stuff to then use it for blackmail?
As discussed already, there is testimony that not only did he know the conversation was being recorded, but that it was being recorded because he ordered it to be so as part of the common practice in his environment.

Which assertion, it should be noted, he has not used any breath to refute.

Many actions were proposed but few were actually taken.

The Clippers' sponsors bailed within 24 hours; the likely reason the other actions were not taken is that the NBA took action before the stated deadlines. Would they have followed through? God only knows.

But given the apparent solidarity of opposition to his continued ownership of the Clippers by the entirety of the players in the league, is it any wonder that none of the NBA owners or the operators wanted to call that bluff?

Speech and thought are the same as neither is an action.

First of all, the law disagrees with you as to speech- it is definitely considered an "action" for which you can be held liable in civil and criminal court.

Second, as stated, this is not- so far- any kind of legal action. This is a case of speech being reacted to with socio-economic pressure in the form of:

1) boycotts/work stoppages

2) withdrawal of association by business partners (corporate sponsors)

3) a fine and withdrawal of association by a private organization to which he belongs (the NBA)

All of which are perfectly valid responses to speech one disagrees with, regardless of setting.

So did this backlash cost you any money? Did it extend beyond this site? Cuz with Sterling what he said in one venue cost him dearly in another, unrelated one.

Of course not, since this sites is, essentially, anonymous. (In a trivial sense of the word.)

However, were I running for President or otherwise trying to increase my government security clearance, etc., it is a very real possibility that that statement could return to haunt me as I went through the vetting process.

Regardless of my own personal story, that something you do in one aspect of your life may spill over into others is simply the way things are. You can, for instance, be refused employment because your credit rating is below a certain point. Being a stripper in college may cost you a teaching job in your 40's.

Someone who participated in the demonstrations by the Westboro Church in Kansas might well be refused entry into a private organization in New York.
 
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Kramodlog

Naked and living in a barrel
Privacy is indeed dying. Don't want to be labelled a bigot? Don't be one.

My major complaint about the panopticon that is being erected is that certain political and economic elites aren't subjected to the same surveillance most people are.

For example, lobbying is not a bad thing per say, it is that we do not know what is being said behind closed doors and the potential deals that are made that are problematic.
 

Umbran

Mod Squad
Staff member
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For example, lobbying is not a bad thing per say, it is that we do not know what is being said behind closed doors and the potential deals that are made that are problematic.


Of course, with our No Politics Rule, this is not really a suitable direction for the discussion. Sorry.
 


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