with anyone. i'm bill weir. thanks for checking in tonight. hope to meet you back here in 23 hours. tonight's special report with don lemon starts now. >> this is a cnn special report, i'm don lemon. tonight, magic's he moment. magic sits down with anderson cooper and takes on his biggest critic, donald sterling. >> i'm one of the leaders in the black community. so i can't let anybody attack our people and not respond. >> so why would donald sterling attack a legend of the nba and american icon? >> i think he should be ashamed of himself. i think he should go into the background. what does he do for the black people? doesn't do anything. >> here is reality, as donald sterling goes down in flames, he is pouring the gasoline himself. and it all started with a conversation in his own home. what does that have to do with this? the jay-z elevator video. the fact that we even know about these events.

is it an invasion of privacy? that's a hot issue that we are debating tonight. >> the right to privacy and right to free speech. what exactly does that mean any more? donald sterling was having a private conversation with a loved one in his own home and in his own home he is free to say and do pretty much whatever he wants. whether we like it or not. that's the truth. but it was leaked and people didn't like what he had to say. and now, he is public enemy number one. another tape leaked. it appears to show jay-z, and beyonce, and her sister, solange, in an he elevator. we can debate whether these tapes should have stayed private. but the video tape may serve a greater good. may end up doing that. one holds up a mirror which shows a true reflection of racism in this country. subtle, quiet and always lurking just beneath the surface.

or in this case, behind the closed door. the other reveals that no one, no matter how much fame, fortune or power we wield, we are all human. we all have flaws and family problems. no man or woman should be worshipped, even queen b and jay-z, but is it worth the cause? that's what we are discussing tonight. i want to bring in my guest, ac green, former nba player. herb westin, county president. and sunny hostin, in the hot seat tonight. so ac, to you first, magic johnson sat down with anderson cooper after last night's video. let's listen to magic. >> i was expecting at least an apology and the american public wanted an apology. he finally did that. but this is, this is sad. when i saw the interview, it's sad. it really is. i'm going to pray for this young man. i hope donald can see the

mistake that he has made. and also the people he has hurt along the way. and then, what's really sad, you know, it is not about me. this is about the woman you love, outing you, and taping you. >> ac, you're a friend of magic johnson's. you played with him on the lakers. what did you make of magic's response and why do you think sterling holds so much animosity towards him? >> well, first, i mean, i think magic is right. this is -- it is bigger than him. this is a deeper issue that donald sterling has himself. and you know, magic, he is doing the right thing. let's look at the big picture. stay focused and continue serving the community and pray for the young man. that's what he should do. donald sterling said he would pray for him. he just kept going back and back in history and history. and you know, why does he have such a vendetta against my friend, magic? i don't know. but whatever it is, i'm sure it

hasn't happened and doesn't exist. >> one thing, he offended african-americans, embarrassed people, shamed people with hiv and aids. it is hard it pick one soundbite but we will try. >> can you tell me, magic johnson, what does he have? >> he is a business person -- >> well he has aids. does he help the community? >> i think he has hiv, not aids. >> well, he goes and sleeps where every girl and gets hiv and aids, is that someone we want to respect and tell our kids about? >> magic is loved around the country. >> it shows how out of touch mr. sterling is. and how uninformed that he is. i can say, i've been a friend of magic johnson's since 1998. and i've worked with him to develop a lot of areas within

the city. even before magic stopped playing, he would do a weekend summer night lights basketball that raised money for college scholarships. and we all know that education is the great equalizer. so magic's done a lot in just turning young people around. you could be pour as a church mouse but have an education and become, be on top of the world. >> i haven't heard that since my grandmother used to say -- >> i know -- >> my grandmother would say, do you have any money. no, i'm as poor as a church mouse. so do you believe anything sterling said and he is sorry. >> one thing i disagree with magic is i don't need his apology and i don't think america wants it as well. i don't think you can be sorry and then turn around and insult

individuals that unfortunately have hiv or aids. to he me, that does not sound like a genuine apology. in the weird regions of my brain, i believe this is a strategy to show the world he is suffering from dementia in hopes they don't take the team. >> sunny is bouncing up and down to get the chance it talk. cool your jets. hold your horses. >> let me tell you this, i've had the pleasure to actually work with magic johnson and his company canyon johnson. they have spent probably over a billion dollars in the united states of america. we worked together several years

ago, and it may sound simple, but to bring a starbucks to inner city community. once you did that, you can find starbucks on several corners. just the beginning of things. job training. magic should not have to apologize, nor tell the american people what he has done. >> i live two blocks from a magic johnson theater. up in harlem. >> who hasn't been to that one. >> herb, thank you. ac and sunny, please stay here. national correspondent for slate. and marco, legal analyst and criminal defense attorney, good to see all of you. i want to play another moment from anderson's interview with magic johnson. let's watch. >> he asked me to go on the barbara walters show with him.

>> a week ago, friday. >> before that. i told him i wouldn't do it. i said the number one thing you need to do which you haven't done is apologize to everybody, an myself. i'll get to that, i'll get to that. >> you know, mark, sounds like donald sterling was trying to avoid taking ownership for his own actions and do a pr move with magic. what do they call it, he did some cover, right? >> i don't think he has the benefit of dementia to explain his behavior at all. i don't think he gets how out of touch he is for the last 75, 80 years of his life. he is talking word of exclusion. every word that donald sterling has said since we have now come to know him, from the audio tape forward, has been nothing but horrid racist words of exclusion. and he is not going to get it or apologize properly. >> sunny, you've been saying, he will hold on to the team and he

will try everything. but this is a pr disaster. all the nba commissioner has to do is just, play. >> press play. >> i have changed my mind a bit. >> oh, mark, do you hear that? >> this has never happened before. >> very difficult given this turn of events to keep the team. but there are learnable moments that come from this. he doesn't think he is racist. perhaps he doesn't think he is sexist. he probably doesn't think what he said about hiv and people living with hiv and aids is insulting. i think he has been living in this weird billionaire bubble, and is in a time warp, and his thinking hasn't come in line with what our societal norms are. i think the teaching moment is, don, there are a lot of people that feel this way, think this way. >> that's what i say. it is subtle, quiet, behind

closed doors. >> that's the teachable moment to draw out of this. >> will, you wrote a great piece on slate.com, describing donald sterling as a tragic figure. why is he unable to understand that his comments. >> well, donald sterling thinks racism is terrible. but apparently he thinks you have to have a hood on and carry a noose. he said repeatedly in the interview with anderson cooper, i'm not a racist. i've never been a racist. it is his refusal to understand that racism is subtler than that. because he didn't understand that, he never worked on it, that's how he ended up being the bigot that he is today. >> and that's the teachable moment. the nuance bias that so many people have. they need to check themselves. look at donald sterling. he is the teacher.

look at him. if you have views like that then you are racist. you are sexist. you are bias. >> as magic said, living in the stone age. >> i think one of the things we're missing is that donald sterling has been a practicing racist for decades in a way that's affected thousands upon thousands of the most vulnerable residents of los angeles county. and those are the people who lived in thinks slums for so long. his big mistake in this case is taking it out of sphere and projected it on someone with a lot of power, both literal and capital in magic johnson. i think every word that donald sterling said, a question looms over this. how does the nba abide and toddle this man the last 30 years. if adam silver doesn't answer that as part of the process, he will have failed. >> you know, ac, one person who seems to have forgiveness, is gilbert arenas. so, ac, the post was later taken

down, by the way. he has dealt with his share of problems off the court. felony gun conviction, illegal possession of firearms. the question though, is, are we too quick to throw stones here? >> no, no. i don't think so at all. i think what gilbert did say, you need to extend forgiveness at some point. but you don't have to overlook. donald has constantly said black and white. i'm sure it is okay to him. but the reality is, it is not okay. and the greatest thing about,

for him, the greatest thing was ownership and has been ownership. he can walk into the arena and be the proud own her of an nab team. the judgment day is coming. judgment day by his own peers because of his own mouth. >> coming up, more on the worst pr move, worst apology ever, and magic johnson's advice for donald sterling. that's next. and later on, billions of dollars worth of talent in an elevator together. and it sure looks like beyonce and jay-z, came to blows with some of the people in the elevator. but how did the video get leaked in the first place? [ female announcer ] there's a gap out there.

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with breakfast for 4 and wifi. join us for the family fun package. doubletree by hilton. where the little things mean everything. christine romans, partnering with mark cuban, owner of the dallas mavericks, while he didn't comment specifically on sterling, he did explain why sterling could lose his team. watch. >> i can't comment on mr. sterling. but what i can say is we're a franchise organization. so it is not in -- it is not apples to apples and taking property. that's what i've learned since my original comments. like someone a mcdonald's franchisee started talking about spitting in the french fries -- >> you lose your franchise. >> you lose your franchise.

>> the owners of the finance committee met today. are they moving quickly enough? >> that is the mark of a mature adult who can get information and change their minds. >> i spoke to several players, both current and former and their concern is less about the speed of this process and more the lack of transparency of the process. they want to be hearing everyday, and that means a sterling, either donald or his wife, who is involved in housing issues up to her neck, won't own the team in the fall. and vice president of players association said he talked to lebron james. and lebron says if a sterling is owning this team, they aren't taking the court this fall. that is how much it is still a pressing throbbing issue for nba players to make sure this gets

done and the league leaves no wiggle room whatsoever. >> interesting. so will, here is what magic said about whether he wants to own the clippers, to buy the clippers. take a look. >> if it comes out and it's for sail and my partners and i say okay, we will take a look at it and buy it, of course, we'll make a run for it. this notion that i want him team, if i was going to trick somebody, deceive somebody, be dishonest to somebody, steal somebody's franchise, it is going to be the los angeles lakers. let's make that clear right now. >> you're putting that on the record. >> it won't be the l.a. clippers. >> i love that. >> no truer words spoken in that interview. >> sterling claims that magic told him not to speak. but hearing this, magic was helping him telling him not to speak.

sterling is 80 years old. we know who the adult is, magic. and sterling never grew up. constantly coddled by everyone. his wife, his girlfriend. >> you heard what ac said. everyone in the league doesn't want expediency, they want to make sure everything is handled correctly. what about it being playoffs and the end of the season. >> they do want to make sure no sterling the own the team. it is due process. now they understand that. adam silver is doing, without a doubt, the best that he can. you know he wants the sterlings out of there yesterday. but reality is, he has to go through the process of talking to the owners. once again, 75% of ownership of

the nba, 29 owners, will bring judgment day upon donald sterling and shelly sterling. it is reality. >> can i say something about the players? a lot of people say, the players won't play. i hope it doesn't get to that. that's not fair. these are people that work hard, that have families, that they have to support and the bottom line is they are also under contract. i reached out a lawyer with the nba player's union. he said, they are there contract and they can be sued if they don't -- >> take a stand. >> yeah. >> but that's a big stand to ask someone to take. to walk away from a contract and open themselves up to litigation. >> no one asked lebron james to say that. no one asked roger mason junior to say that. i think it is admirable in a world where so often we ask athletes to take a stand and they do not. it is admirable of them to come

forward on their own and say, if a sterling owns the team, we will not take the court. >> you're 80 years old. you've had a tremendous life, right? you're going to benefit whatever from this team selling. just go ahead and enjoy the rest of your life. you're fighting a battle that you can't win. and you're putting your family in a tough situation as well. it is not just him. he is making his family members look bad by going out, saying these things about myself, african-americans. on and on and on. >> i have to get a quick reaction from each of you. quickly, sunny. >> this is great advice. teachable moment for the world. he will have to step down. that's bottom line here. >> ac? >> keep it moving, donald sterling. go on.

your time passed. >> dave? >> let's not forget the thousands of victims, black and brown, in los angeles who suffered under the sterlings for decades. >> a lesson under stereotyping. he is making it look as though they are responsible for his misdeeds. >> mr. mark? >> sterling has become a care couture of racism. he made a joke of himself with his beliefs. we need to learn from him, like sunny was saying, and move on. he just needs to be ignored and forgotten and needs to lose his nba team. >> thank you everyone. thank you, gentlemen. and can you pick up dave's book. called "brazil's dance with the devil. the world cup, olympics and fight for democracy." that's his book. and mark and sunny, please stay with me. well continue our conversation coming up. from secret tape recordings to elevator videos. supposedly of jay-z and beyonce.

is the age of privacy over? we'll get to that next. i missed you, too.ou. hi buddy. mom! awesome! dad!! i missed you. ♪ oh... daddy.

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donald sterling thought he was having a private conversation with his girlfriend. is anything private any more? here is cnn's jean casarez. >> reporter: from a private conversation -- >> if you don't feel -- don't come to my games. don't bring black people and

don't come. >> reporter: to an alleged elevator brawl. is nothing private any more? >> there is certainly no reality it privacy any more. >> reporter: donald sterling said he had no idea his conversation with v. stiviano was being recorded. >> did you know you were being recorded? >> of course not. of course not. i wish i could ask her, why. i think if she was setting me up, i think people said she was taping me for two years. >> mark cuban, who never shied away from the lime light, said the red light of the camera is always on. no matter where you are. >> first of all, have you no privacy. from license plate cameras, walking down the street. there are censor everywhere. cameras everywhere. >> reporter: case in point, what seemed to be a private elevator ride in new york standard hotel turns out to be anything but. when tmz posts the video purport

lid showing beyonce's sister, solange, attacking jay-z. kicking him multiple times. expectation of privacy in an elevator may not be warranted. >> you raise the question of being in someone's home. that is a different level of privacy to expect than say, an elevator, which is a public place. anyone can enter that and many elevators have cameras. >> reporter: capturing our every move, yet most people never feel their privacy violated because the pictures never go public. but when the famous and powerful are involved within the right to privacy is often trumped by the public's appetite for the tape. but mark cuban says celebrities have learned to expect this kind of exposure. and now you should, too. >> i'll give you another perfect example that should terrify you, right? if you tweet. if you post on pinterest. have public postings on facebook. all of that information and your

footprint will know more about you than you know more about you. >> reporter: jean casarez, cnn, new york. >> jean casarez, thank you very much. you can see more of mark cuban's interview on privacy, on your money on saturday. as for that video on the elevator, that brawl, cnn reached out. the parties involved. and there has been no comment from them. joining us now, a man who is a direct pipeline to the world of celebrity and media coverage surrounding it, that's perez hilton. creator and writer of perezhilton.com. i thought, oh. >> everyone is obsessed with it. >> would you have posted that video on your website, perez? >> if i could have afforded to post it, i definitely would. i'm pretty sure that that audio recording went for a pretty penny. but yeah, if i would have flown

it was authentic, real, i would have given a pinky for it. >> you bring up a very good point, perez. there is money involved here. and many people don't realize that. and it is not spoken about. >> yeah. same with the solange beyonce video that leaked. that didn't leak. someone did this and got paid for it. this person is most likely no longer working that hotel. and he doesn't need the job any more or she doesn't. because they've got a year's rent or more. >> and the hotel issued a statement saying they are investigating it. and it will be taken care of. and individuals responsible will be disciplined or prosecuted or whatever. >> with the recent video, of solange attacking jay-z in the elevator, is there anywhere that anyone could be private any more? besides a bathroom.

and i'm not sure about that. >> there is a lot less privacy these days. but i personally don't think that's a bad thing. i think it forces us all to be more accountable for what we say and do. more openness. and hopefully a two-way street. not just with us but also with the government. hopefully they are who open and accountable as well. >> i want to get it here. do you know anything about the relationship between solange or beyonce or jay-z. give us the scoop. what's going on? >> the very latest, is according to reports, shockingly, jay-z and solange were spotted out earlier today. translation, damage control. also the fact that beyonce and

jay-z were seen last night at a basketball game. damage control as well. with all parties on radio silence, they are letting us know it is all okay, copacetic. we heard solange's friend were trying to crash a party. going up on a list. trying to use jay-z's name. word got back to jay-z. he wasn't happy about that. one thing may have led to another. >> sunny is obsessed with this video. >> i am. i'm looking at beyonce's role and her sister's role. what would make someone react like that against letter brother-in-law. it doesn't make sense to me at all. >> i agree. >> it just doesn't make sense. i have a lot of street people in

my family, from the south bronx, and to get someone to act like that -- the law is, whether or not there is an expectation of privacy. whether or not you expect privacy and i think the bottom line is today -- >> and not in an elevator. but you do expect privacy this your own home. >> i don't know. i don't know about that. >> i will move on and get perez's take on a few things. there is supposed to be a private event with his boyfriend and a lot of people think that should have stayed private. were you upset about the negative reaction on twitter. what was your response to this kiss? >> was i upset by the negative reaction in no. i was surprised there wasn't more of a negative reaction. for the most part. the players, and the media has been very encouraging and positive and he has gotten more

attention than almost anybody else in that draft. >> yeah, okay. you are surprised there wasn't more negative reaction? >> yeah. it shows you that, you know, time is now. that players were ready for this. there were some people who said, not nice things, but there weren't that many. i was surprised that more people weren't saying -- even back-handed remarks. >> i just want to make sure i understood what you were saying. okay, alec baldwin arrested in new york city. two summons, one for misconduct and one for riding his bike wrong way against traffic. does he invite these scuffles or is he targeted, perez? >> i think alec baldwin makes himself a target.

i can fairly accurately assume that if alec baldwin had not raised his voice and started screaming at police like reports claimed he did, he likely wouldn't have been arrested. alec baldwin has major anger management issues, which i don't think he has addressed. i don't think he has gone to therapy. if he has, i would suggest he goes more. these issues keep popping up over and over again. like chris brown. now chris brown is behind bar force a long time. >> thanks to technology, there are more places than ever to express yourself. but are there fewer things you're allowed to say? we'll get to that next. when he agreed to cosign for his daughter's credit card... he thought it was the end of the conversation. she didn't tell him that her college expenses were going up. or that she maxed out her card during spring break. when the satellite provider checked his credit, he found out his daughter didn't pay her bills.

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about everything that comes standard with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility. what's your policy? so we think we have the right to freedom of speech. we think we have the right to privacy. what happens when the two come into conflict. joining me, mark lamont hill, cnn public commentator. uh-oh. and new york civil liberty union. and back with me is mr. perez, hilton. and mark omara and sunny hostin. i will start with you, nick. when you lock at donald sterling leak tapes and his lifetime ban from the nba. when you look at beyonce and jay-z's video being leaked. when you look at don jones tweeting omg, are you saying

people don't have the right to privacy and freedom of speech any more. >> there is something troubling across the board. that what you say in any context can show up in my other context with a lot of spin and what not on it. like perez was saying before, i don't find this troubling as long as we are talking about workplace and it extends to the government. my main concern, jay-z and beyonce and her sister will be fine for this. donald sterling got what he deserved. probably should have been bounced from the nba for a long time before for other practices. things like that. but the real problem here is what the government is doing or able to do that we have no a understanding of. and what access they have to what we are saying. that's the real troubling part for me. >> remember kareem abdul-jabbar's statement,

saying, sterling is a villain and this is troubling for many reasons. shouldn't we be equally angered by the fact his private intimate conversation was taped and leaked to the media. didn't we just call it task the nsa for intruding into american citizen's privacy in such an unamerican way. making an releasing of this tape is so sleezy that just listening to it makes me feel like an accomplice to the crime. we didn't steal the cake, but we were all gorging ourselves on it. do you agree with this point? >> i do agree with this point. fundamentally, we don't want to live in a world where there is no space for privacy or private thoughts. i'm more concerned about the nsa or comments made at home. but we live under a culture where no one's thoughts or identities are secure. that's a dangerous world to live in. we need to constantly guard the gate. >> but jeannie is out of the bottle. >> do you think we're on the

road to becoming the thought police. >> i don't think so. i hear someone disagreeing with me. >> who is that. >> we are. we are on the road -- >> go ahead, mark. go ahead. >> no question about it. we have a right it freedom of speech still. you just have to be ready it eat your words because they will come back to haunt you if you don't say the right words. i love technology, but we can't make believe we don't live in a world where every cell phone is a high destination camera capable of recording everything you do, everything you act out, and for the most part get close to everything you think. because if you put word on it, it'll be said and shown. >> doesn't that make people more accountable? >> but -- >> what kind -- for what, though. >> i'm okay, though. >> norman and then mark. >> in a free society, you must have free expression and you

have to have privacy. we are eroding both of those principles. people of goodwill have to and they have, speak out against bigoted repugnant ray sift speech. you have to speak out and in a society with people should not be punished exclusively for their words. if they are in discriminatory conduct, you can do something. we're going to ban him and fine him $2.5 million exclusively for his words, if he would have said, he will look at his conduct and how he handled the people from the african-american latino community and the housing projects that he owned, he might have gone along those ways. but if you go down the slippery

slope -- >> it is a very slippery slope. >> it is not a slippery slope. >> mark, respond to what sunny said. hold on mark omara, good ahead. >> i started a fire storm. >> he is not getting sue had for his words. he is sued for what he has become. >> that is not what silver said. you are making it up. >> i'm not making it up. my word are, he is not getting sued for that. >> fined and banned -- >> one at a time. >> what about the guy with the miami dolphins. he sent the picture of sam and his gay lover were in fact horrible. >> that's not freedom of speech. >> one at a time. let mark finish. >> an organization, can police its members however it wants to. if you consider that a violation of your rights to speak be don't join the organization.

if you're going to join the organization, you're round by the rules. the government can't do anything about it. and the court is not going to sue on something like that. other side of the coin, right to privacy, it would be wonderful it maintain trite privacy in this country. we probably have one of the best rights to privacy in organization and still sets we have in the world. however, you can't deny privacy is diminished day by day by day. >> there is nothing private about a tweet. >> a living room conversation is different. >> i agree with that. >> that's why you have to -- >> halt. we will continue this conversation. >> court of public money is not bound by those rules. >> conduct, not speech -- >> stand by. >> listen. perez hilton. you walked into the middle after big buzz saw.

i know you have to go. your stock and trade, celebrities moments and celebrity privacy. what do you want to leave with us before you leave. >> in listening to what you've all been saying very heatedly. i see two s very different issues. freedom of speech and expression is one separate issue from privacy and right to privacy. i do believe you should be held accountable for your words. i've gotten into trouble for things i've said in my opinions. and that's my right. but i say, oh, donald sterling should die or i want to kill him, i should be held very accountable for that. two very separate issues. >> thank you perez hilton for joining us. >> i don't believe he should die. >> everyone else, stick around. coming up, fired for personal beliefs. we will find out what you think. my name is jenny, and i quit smoking with chantix.

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we're back. is it fair to hold someone to their personal beliefs or opinions. sunny said -- she has an advantage. she said, i want to go first. >> because they will jump all over me. freedom of speech, you have to say whatever you want.

but people also have the right to hold you accountable for what you say. privacy rights, bottom line, there is a trade-off because of technology. we must be aware that we aren't as private as we were. because we're interconnected now. >> i have an expectation, at least i do in my own home -- >> that's a different story. nobody is saying -- i think that everyone agrees with what kareem abdul-jabbar said. >> yes. this was creepy -- >> something by definition of public act then get in trouble for saying something stupid or illegal or wrong that brings the public backlash. >> these are totally different issues. >> remedy for bigoted repugnant expression, is corrective expression speaking to the truth.

>> the nba has certain agreements with their owners -- >> article 35 said conduct -- >> let me finish. >> it says -- >> let him finish. >> the organization -- >> let norman finish. >> thank you, don. article 35 of the constitution of the nba talks about conduct prejudicial or detrimental to the nba. it doesn't say speech and words. and therefore, they are in trouble because legally -- >> you're lawyering it now. >> should we throw the law out? >> come on. speech can be conduct. >> no, speech is not conduct. >> it is a different matter and donald sterling will be very well represented in whatever legalities come from this. >> so if i did a radio internet

show, doing hate speech, and can i say, they are free speech. >> you can do that. >> let me do my free speech. you request say what you want at home and then there is a danger in public. >> there was a danger at his home. >> that's my point. i should be able to say at home, i hate don lemon. i hate being on the air with him. >> not if you're with someone else in the room. >> then defend yourself. >> that's the problem. sterling can't defend himself. because it is indefensible. if you want to make comments about don lemon or anyone else in your own home in public, defend them. sterling is not defending anything. >> the problem with donald sterling were exclusively his words, we would have a very different conversation.

there is a list of things that he should not be an nba owner with racism. if the only thing we knew about him in his whole life with what he said on this tape, this would be a much different conversation. >> but silver didn't go where you just said. he he said it was all about his words. the big picture is not so much donald sterling, it is america. the principle is free expression. we are eroding one of the fundamental cord of the country. >> but you're wrong, because you can say whatever you want. >> 10 second, mark, good ahead. >> you have to be able to stand by your word. we're not eroding your right to free speech. we may catch you in places you didn't know we would catch you so you better be able to defend your words. words in that case are access. particularly when the constitution can support it. >> well said. >> freedom of speech and race in america.

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that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business.

let's get to it quickly, now. my panel is back. first amendment doesn't free one from consequences. what do you make of that, mark? >> i think he is absolutely right. here is my lesson. i think it is great to live by it. you need to be willing to live by your words, wherever you say them. just live with them. >> mark lamont hill? >> i don't disagree. but there has to be some space for private thought. donald sterling is the racist. he shouldn't be the rule here. but you need space for freedom. >> we have more ways of expressing ourselves in public and private. that's great. we have to focus on the government for what they are doing. >> sorry to our guest that didn't get to speak but this may be the only privacy we get.

it was a very heated discussion so we wanted to add a little levit at the end. i'm don lemon. ac 360 starts right now. what donald sterling said, that magic called him. >> he called you up when the tape came out and he told you not to say anything? >> yeah. >> why did he say don't say anything? >> he just said wait, be patient, we'll work it out. >> why do you think he said that? >> i think he wanted me to just do nothing so he could buy the team. he thought nothing would be resolved. >> i told him i wouldn't do it. i said the number one thing you need to do is apologize to everybody and myself. i'll get to that, i'll get to that.