My take? No, Kobe Bryant probably didn't have to swing his arm quite in that manner. But he was in the process of getting intentionally fouled, by my estimation. It seems like these kinds of plays haven't historically led to suspensions. (See Stockton, John)
Also, there are two different cover stories coming from the Lakers. Phil Jackson is saying all the great guards intentionally draw contact. Kobe Bryant is saying it was unintentional.
In the big picture? A night off for Kobe Bryant might not be the worst thing for the Lakers. They've played pretty well without him, he'll be motivated when he gets back, and despite what they tell you, rest is good sometimes.
Thanks to Nate Jones for the heads up.