HomeLawNBA Fines Rudy Gobert $100K for Suggesting Referees Are on the Take

NBA Fines Rudy Gobert $100K for Suggesting Referees Are on the Take

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Minnesota Timberwolves center Rudy Gobert expressed his view in Friday night’s 113-104 overtime loss to the Cleveland Cavaliers that a referee might be betting on games. It will cost Gobert $100,000.
The NBA fined the 31-year-old former Utah Jazz star Sunday for “directing an inappropriate and unprofessional gesture toward a game official and publicly criticizing the officiating.” The league explained the fine also reflects Gobert’s “past instances of conduct detrimental” in criticizing the refs.
Gobert rubbed his hands together in what looked like a money-sign directed at referee Scott Foster. Another referee, Natalie Sago, called a technical on Gobert. After the game. Gobert confirmed he intended to suggest gambling could impact how NBA games are officiated. He also portrayed himself as something of a martyr.

“I’ll bite the bullet again,” Gobert said. “I’ll be the bad guy. I’ll take the fine, but I think it’s hurting our game. I know the betting and all that is becoming bigger and bigger, but it shouldn’t feel that way.”

While the First Amendment protects free speech from government punishment, it generally doesn’t help employees who work for private businesses–like NBA teams. NBA contracts and the collective bargaining agreement forbid engaging in conduct detrimental to the league. A player (or coach or GM) publicly criticizing officiating is grounds for punishment. 
The NBA is also likely sensitive to insinuations referees are betting on NBA games. In 2007, the league faced a high-profile scandal involving referee Tim Donaghy and the impact of his betting on his calls during games. 
A decade ago, the NBA, along with the NFL, MLB, NHL and NCAA, litigated against the State of New Jersey, which under then-Governor Chris Christie sought to have the Professional and Amateur Sports Protection Act of 1992 (PASPA) declared unconstitutional. PASPA made it illegal for 46 states to authorize sports betting, exempting Nevada, Delaware, Oregon and Montana. 
After losing in federal district and federal appellate courts, New Jersey won at the U.S Supreme Court in Murphy v. NCAA (2018). Since then, the pro leagues have essentially embraced the legal loss by partnering with sports betting companies for new sources of revenue.
It’s unclear if Gobert has actual evidence of a conspiracy involving referees or if he is merely speculating and spit-balling. If his claims are false and if they damage careers and reputations, his conduct could be regarded as unprofessional and even defamatory.  

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