Q: Why might the league consider this tampering but not Draymond Green's text to Kevin Durant shortly after Game 7 of the 2016 NBA Finals before Durant would become a free agent?
MARKS: Although there is language in the NBA constitution and the collective bargaining agreement, the league has looked the other way when it comes to a player recruiting another player in free agency or in trades. Unless a player violates the tampering rules by offering a financial incentive, the league will look the other way.
Here is the language through which the NBA could impose sanctions against a player: Article 35 (Misconduct) of the Constitution and Article XIII (Circumvention) states that the NBA can penalize with suspension or a fine.
"The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $50,000, or inflict both such suspension and fine upon any Player who, in his opinion, (i) shall have made or caused to be made any statement having, or that was designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member."