Considering the firing happened just last week, who's to say Stern doesn't plan to sue at some point? That's not to say he will, but this issue may be a lot bigger, and a lawsuit is probably one of the last things on his mind.
Sure, Howard does want out of his contract (he wanted out in January, 2001!), but I hope it hasn't come to the point where he's seriously planning a conspiracy to get out. He can just say Fuck, Cunt, Shit, etc. incessantly on the air, and that will do the same thing (although it will make him look like he's given up; a conspiracy may shift the blame on the government and make Howard look like a victim). Still, Howard's been threatening to quit but hasn't; I think he's still trying to do his job and be a broadcaster, and does not want to see the government win by throwing him off the air.