Opinion: Sterling a victim, too

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Editor's note: Marc J. Randazza is a Las Vegas-based First Amendment attorney and is the managing partner of the Randazza Legal Group. He is licensed to practice in Arizona, California, Florida, Massachusetts and Nevada. The opinions expressed in this commentary are solely those of the author.

(CNN) -- This past week, my inbox blew up with e-mails asking whether Donald Sterling's First Amendment rights were violated in the uproar over the Los Angeles Clippers owner's racist remarks about black people. After all, he was simply expressing his views, however unpopular.

While he did have some rights violated, his First Amendment rights remain intact.

The First Amendment protects you from the government punishing you because of your speech. The NBA is a private club, and it can discipline Sterling all it wants.

Marc J. Randazza

What about the chorus of criticism? Are we all violating his First Amendment rights by criticizing him? We are punishing him for his speech.

Nope. The First Amendment does not insulate you from criticism. In fact, that's the First Amendment in action. That is how the marketplace of ideas works. We float our ideas in the marketplace, and we see which idea sells.

Most everyone would agree that Sterling's ideas fail in the marketplace of ideas. Nevertheless, I reluctantly stand on Sterling's side today. What happened to him may have been illegal and was morally wrong.

Start with illegal. In California, you can't record a conversation without the knowledge or consent of both parties. The recording featuring Sterling and V. Stiviano is the result of a crime. Once she gathered this information, someone leaked it (she denies it was her) -- and it went viral. This is where I think things went morally wrong.

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Opinion: Sterling a victim, too