Perspectives: NBA Commissioner Adam Silver, JD'88, on Sports, Policy, and Responsibility

NBA Commissioner Adam Silver, JD’88, returned to the University of Chicago on March 22 to discuss the complicated intersection of sports and policy and the balancing acts it takes to “navigate these very difficult times.”

Silver candidly and thoughtfully tackled topics ranging from social justice to soft power — and shared his insider’s view of the business of running a sports league — during a Harris School of Public Policy “Perspectives” series event at the David Rubenstein Forum. During the lunch-hour conversation, Deans Katherine Baicker of Harris School and Thomas J. Miles of the Law School spoke with Silver about sports and policy, the role sports plays amid cultural upheaval, and what lessons from the University of Chicago Silver still carries with him (the short answer: how to reason through issues and it’s all about “data, data, data”).

“It's an honor to be here with both of you,” Silver said to Baicker and Miles, “and very intimidating to be interviewed by two deans.” 

Baicker opened with a question about social justice — asking Silver how he viewed the NBA’s role in addressing racial disparities. That line of questioning meshed with the diversity, equity, and inclusion focus that is the hallmark of the Harris "Perspectives" series, which this year centers on sports and its place in culture.

In his eight years leading the NBA, Silver has pushed several social justice initiatives, including the recently launched  National Basketball Social Justice Coalition. “Roughly 80% of our players are Black,” said Silver. “We feel an obligation … to partner with them and to use this incredibly powerful voice we have to speak out on these issues.”

Silver has not just spoken, and in 2014 took action to persuade NBA owners to oust Los Angeles Clippers owner Donald Sterling over racist comments. 

“It seemed clear to me that [Sterling’s comments were] a violation of the moral fiber of the league, that what he had done was so extreme, and it wasn't just what he had said, he was completely unapologetic,” Silver said. “So, it wasn't a close call.”

While the NFL, rocked by the Colin Kaepernick controversy, has perhaps had higher-profile cultural clashes, the NBA has not been immune. 

To describe today’s cultural climate, Silver reached back to 1990 when NBA legend Michael Jordan said "Republicans buy sneakers, too" when asked to take a side during North Carolina’s U.S. Senate race between Republican Jesse Helms and challenger Harvey Gantt, a Democrat.  

“It would be impossible, I think, for a player of that stature to take a position like that today,” he added. “These days [people] demand that I take positions and demand it of our players.”

“I don't know any other way to say it, but it's hard,” he said, “It's hard to navigate these very difficult times.”

The NBA now

Silver touched on several of the hot-button issues the NBA is navigating today, including:

COVID-19

To complete its interrupted 2019-20 season, and keep players safe from COVID, the NBA opted for the “bubble,” with players, coaches, and staff moving into the Walt Disney World Resort in Florida from July to October 2020. That decision and others, Baicker said, put the NBA at the forefront of thinking about how to balance the economic vs. public health consequences of dealing with the pandemic. 

“There was enormous uncertainty as to whether this would work,” Silver said of the “bubble.” It drew criticism from pundits and public health officials, but the NBA believed it was the right thing to do, he said. “We felt honestly from an economic standpoint that we were striking the right balance for our own business,” he said. “We also felt, and were being told by people in the Trump administration and others, that they would view it positively if we were providing entertainment … to people who were largely stuck at home.” Uncertainty, Silver said, persisted until Oct. 11, when the Lakers won the championship and he realized “Wow, it worked. We didn't have a single positive case through the entire time we were down there.”

China

In 2019, China bristled when then-Houston Rockets General Manager Daryl Morey tweeted support for Hong Kong protesters. NBA broadcasts were yanked from China Central Television (CCTV). Silver’s response that while China might disagree with what Morey tweeted, he had every right to say it, “was not received well,” Silver said. 

“We have continued to do business in China,” Silver added. NBA operations in the country are valued at an estimated $5 billion and while not on CCTV, games are broadcast on smaller channels and on digital platform Tencent. “When I stepped back and thought about our mission, which essentially … is to improve people's lives through basketball, to me there was nothing inconsistent with continuing to distribute our intellectual property … despite the government's reaction to that general manager speaking out,” he added. The NBA’s recent decision to suspend all business in Russia, shortly after the February invasion of Ukraine did not, Silver said, seem at odds. “I recognize that not everyone's going to agree with the decisions we make in each of these situations,” he said. 

Soft power

Saying that he “may be an old school political science major,” Silver (who graduated from Duke with a political science degree in 1984) said he believes in soft power. “I think there are great benefits” and there's a long history, he said, of soft power through sports, including 1971’s ping-pong diplomacy. “Through arts and culture, you’re creating connections and ultimately empathy between people of other nations,” he added

But, he added, “we're a business too, so I don't suggest here that it's all altruism. I mean, my job is to grow our business, but I think at the same time to grow it in a way that remains consistent with our mission and our values.”

Labor relations

Noting that some sports, most recently Major League Baseball, have difficult negotiations with players' unions, Miles asked Silver to describe that process. “No pun intended, it's very labor intensive,” said Silver. “I mean there are no shortcuts. It's hours and hours of willingness to sit, listen, listen more, explain, work through issues, and hope for compromise.” 

“Maybe in other industries,” Silver added, “they can replace the employees or bring in replacements for a short period of time. But there's never been a consideration of that in the NBA. These are unique people on the planet. There's only one Steph Curry, LeBron James, etc. I mean, there's no pretending that we can say ‘we can operate without you guys.’ So, you know, it's a form of mutually assured destruction.” The goal, he said, is to “start very early, build relationships, and demonstrate, as I think we have in this league right now, that we can do things that are mutually beneficial.”

Reactions and Takeaways

Silver’s comments struck a chord with several students who attended the event.

“My biggest takeaway was his insight into how important and unique negotiations with the players' union are,” said Kartik Saboo, a second-year MPP student and Harris Student Government co-president. “His dealing with the tricky situations of the pandemic was also insightful. I believe Harris students certainly need more such talks where actual industry practitioners share their lived experiences.”

Second-year law student “and big basketball fan” Cher Christnacht said while she was disappointed there wasn’t time to explore the pay disparity between the NBA and WNBA, she was “really impressed that he didn’t shy away from any sensitive questions.” 

Third-year law students Rob Clark, Michael Springer-Ingram, and Tawkir Chowdhury reflected afterward on how the NBA navigates doing business in China, soft power, and how Silver’s decisions are consistent with the NBA mission.

Had Silver, Miles asked, envisioned a career in professional sports while at the University of Chicago Law School?

“It never, in my wildest imagination, occurred to me that I’d work in sports or at the NBA. … I just assumed I would be a lawyer for my whole life,” Silver said. 

“I always think of myself as a lawyer,” he added. “And I find that the skills I learned at the University of Chicago ... really stuck with me. … I find I use those skills every day of my life.”