The witch hunt of Malky went too far IMO. Tan brought it on himself, regardless of what race he is the bloke is a twat. A sort of Oriental Murdoch.
The FA were right not to set a precedent, this evidence would be unlikely to be admissible in court so shouldn't at a tribunal
"A legitimate expectancy of privacy" . So you can make racist remarks quite "legitimately" if you think you will be doing so in private? This is in no way acceptable in the modern world. The FA have, once again, taken the weak course.
I agree regarding acceptibility but in the real world it happens. I call on people in their places of work and it is part of the general banter. You should have heard what they were saying after the Sousse shootings. I would say that the general view amongst middle aged working class people is that most muslims are terrorist supporters or at least don't condemn these attacks. I am not saying that is my view,but it is largely theirs.
Basically yes. You can't censor people's opinions expressed privately. You can criticise obviously but not make it illegal. The only thing you can legislate against are actions of discrimination or directed offence. If Malky had said it in an interview with the bbc then that different but in a private communication with someone else any level of censorship is a huge step towards a North Korea style totalitarian state. Not to mention it would most likely emphasise the ill feeling held by these sorts of people.