Incidentally, here is the language on the restricted area. So it is pretty clear that the rule established two things. One, you can't draw an offensive foul on a player when you are standing in the circle (so long as the offensive player doesn't receive the ball in the lower box). Two, the refs certainly can call a foul on the defense if there is more than incidental contact (as there often is). Nowhere does it say that it SHOULD be a no call.
An offensive foul should never be called if the contact is with a secondary defensive player who has established a defensive position within a designated “restricted area” near the basket for the purpose of drawing an offensive foul.
The “restricted area” for this purpose is the area bounded by an arc with a 4-foot radius measured from the middle of the basket as stated in nba basketball rules.
EXCEPTION: Any player may be legally positioned within the “restricted area” if the offensive player receives the ball within the Lower Defensive Box.
The mere fact that contact occurs on these type of plays, or any other similar play, does not necessarily mean that a personal foul has been committed. The officials must decide whether the contact is negligible and/or incidental, judging each situation separately.
I think it's insane that "An offensive foul should never be called if the contact is with a secondary defensive player who has established a defensive position within a designated “restricted area” near the basket for the purpose of drawing an offensive foul."
So if a player tries to take a charge, but is inside the circle, the offensive player can elbow the defender in the gut, punch him in the face if he likes, etc, and cannot be called for an offensive foul?
Dumb.