Alston v. NCAA: Athlete Scholarships Fight may go to Supreme Court

Alston v NCAA

Those who wonder why there is such a strong push for college athletes’ rights must look no further than the latest development in the Alston v. NCAA (Alston) case. In Alston, former and current college athletes challenged the NCAA’s amateurism rules on antitrust law grounds. Specifically, the plaintiffs challenged the NCAA’s rules capping grants-in-aid to cost of attendance. The plaintiffs argued that there were less restrictive ways that the NCAA could preserve amateurism. The District Court agreed. The District Court judge ruled that the NCAA could no longer restrict education-related benefits to college athletes. Then the court issued an injunction prohibiting the NCAA from doing so. Education-related benefits include items such as computers or musical instruments. However, the NCAA retained the ability to restrict non-education related benefits. Non-education related benefits include cash payments that may amount to pay-for-play.

Although the NCAA retained the right to prohibit pay-for-play in college sports, the NCAA appealed to the Ninth Circuit Court of Appeals. There, the three-judge panel affirmed the District Court’s decision. The appeals court was scheduled to issue the mandate precluding the NCAA from restricting education-related benefits to college athletes on July 8, 2020. However, on July 6, 2020, the NCAA sought to have the appeals court stay the injunction. The NCAA wants to stay the injunction so they can petition the case to the United States Supreme Court. That is right! The NCAA does not want to allow college athletes to receive extra educational benefits for their athletic prowess. For those who may not understand why there is such a big push for college athletes’ rights, the NCAA actions in the case are precisely why.

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This Case Proves yet Again that the NCAA Cares More About Protecting College Athletics Revenue than Protecting College Athletes

The NCAA does not want to allow its “student-athletes” to receive unlimited educational benefits. They would rather spend time and resources petitioning this case to the Supreme Court. It is amazing how the NCAA can put so much energy into this but leave the schools to fend for themselves in regards to COVID-19 and college athletics. Since the NCAA allowed voluntary workouts to resume on June 1, 2020, athletes at several schools have tested positive for the virus.

With no leadership from the NCAA, Schools are essentially creating a patchwork of guidelines and rules to address COVID-19 and resuming college athletes. However, the NCAA advocates tooth and nail that a patchwork of various state laws addressing college athletes’ names, images, and likenesses will not work and will lead to confusion. COVID-19 has already claimed the lives of over 130,000 Americans. Somehow the NCAA thinks schools should be left to their own devices and handle COVID-19 on their own.

The NCAA’s lack of a unified response has led schools to create documents that amount to a liability waiver for COVID-19. Athletes are required to sign them if they want to resume their sport. Some schools like Ohio State University claim that the document is not intended as a legal document. However, there is plenty of language in the documents that could have legal significance later on. COVID-19 could have a direct effect on college athletes’ health and wellness. The NCAA is again seeing its way out of issues related to athlete health and well-being. However, the NCAA is remaining steadfast in its quest to ensure that college athletes do not receive anything more than the NCAA wishes to give them. That is precisely what the NCAA is doing in its quest to petition Alston to the Supreme Court.

What Exactly is the NCAA Hoping to Achieve by Staying the Injunction to Petition Alston to the United States Supreme Court?

It appears that the NCAA wishes to have the Supreme Court rule that the NCAA’s amateurism rules should not be subject to scrutiny under antitrust law. This should come as no surprise. The NCAA has made it clear that they do not want to be subject to antitrust law anymore.

The NCAA’s Attempt to Persuade Congress to grant it an Antitrust Exemption

In April, the NCAA asked Congress for an antitrust exemption. They made this request when they released their name, image, and likeness report. In the report, the NCAA addressed the numerous antitrust lawsuits that the NCAA has faced over the years. The NCAA essentially plead to Congress that the lawsuits impede the organization’s ability to address the pressing issues facing college athletics. Accordingly, the NCAA wants Congress to grant it an antitrust exemption. If that does not work out, the NCAA appears to be seeking a similar result from the United States Supreme Court.

The NCAA is Planning to Persuade the Supreme Court that any Challenge to Amateurism Rules Based on Antitrust Law Must Fail

Generally, there are three circumstances in which the Supreme Court will review a case. One is where a lower court decision conflicts with a Supreme Court decision. Another is where there are two more conflicting decisions amongst the Circuit Courts of Appeals or a state court of last resort. The third is where the issue involves important questions of federal law. The NCAA asserts that the Ninth Circuit’s ruling conflicts with the rulings of the Supreme Court. The NCAA also asserts that the Ninth Circuit’s ruling conflicts with three other Circuit Courts of Appeals. Specifically, the NCAA argues that the Ninth Circuit’s ruling conflicts with the Supreme Court decision in NCAA v. Board of Regents of the University of Oklahoma.

Brief Summary of NCAA v. Board of Regents of the University of Oklahoma

In that case, the University of Oklahoma Board of Regents sued the NCAA over television broadcasting rights. The University of Oklahoma Board of Regents argued that the NCAA’s rules regarding the broadcast of college football games violated federal antitrust law. The Supreme Court found that the NCAA’s television broadcasting rules did in fact violate federal antitrust law. While the NCAA lost, the Court acknowledged that the “NCAA plays a critical role in the maintenance of a revered tradition of amateurism in college sports“. The Court further stated that the NCAA “needs ample latitude to play that role“. It is exactly this language that the NCAA plans to amplify when they petition Alston to the Supreme Court.

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The Bulk of the NCAA’s Motion Centers on The Aforementioned Points

In their motion, the NCAA asserts that the Ninth Circuit’s ruling conflicts with the Supreme Court’s aforementioned assertions in the Board of Regents case. The NCAA also asserts that the Ninth Circuit’s ruling conflicts with the Third, Fifth, and Seventh Circuits rulings on similar issues. Those circuits have all held that since the NCAA “needs ample latitude” to preserve college sports that any challenge scrutinizing the NCAA’s amateurism rules conflicts with the Board of Regents’ decision. The NCAA argues that the Ninth Circuits ruling in Alston creates a split between the circuits that it wishes the Supreme Court to resolve.

The NCAA also asserts that there are important questions of federal law to be resolved. They further assert that the injunction will cause irreparable harm to college athletics in terms of budget and competitive balance.

Hopefully, The NCAA is Not Granted a Shield Against Antitrust Law

Hopefully, the NCAA is not granted any antitrust law protection. After all, it is one of the only avenues current and former college athletes have to advocate on their behalf. It was not until the O’Bannon case that the NCAA agreed to allow college athletes to receive scholarships up to the cost of attendance. The O’Bannon case was bought on federal antitrust law grounds. The case gave current and former college athletes one of their biggest wins yet. College athletes must retain the ability to advocate for their rights. It is for these reasons that there is such a big push for college athletes’ rights. The NCAA clearly cares more about protecting capitalism, not doing what is best for college athletes.

NCAA Suffers Blow In Alston v NCAA Scholarship Cost of Attendance Case

Alston v NCAA

Late last month, the NCAA suffered another blow to its amateurism model. The United States Court of Appeals for the Ninth Circuit affirmed the district court’s ruling in Alston v NCAA that the NCAA’s restriction on education-related benefits for college athletes violated federal antitrust law. During the trial in 2018, college athletes forced the NCAA to defend its farce of amateurism.

What is Amateurism?

The NCAA’s amateurism rules preclude college athletes from receiving any pay for their athletic skills. The amateurism rules are the outgrowth of the idea that athletes should only play for the love of the game. It is this concept that the NCAA implores to carry out its mission. The NCAA’s mission is to “maintain intercollegiate athletics as an integral part of the student body and, by doing so, retain a clear line of demarcation between intercollegiate athletics and professional sports”. The NCAA uses this concept to further its mission. It does this by ensuring that college athletes do not receive any payment that is not approved by the NCAA.

Somehow the NCAA believes that making sure college athletes do not receive any pre-approved payment is sufficient to keep college sports separate from professional sports. The NCAA conveniently ignores other facets of college sports that are very akin to professional sports. Those facets include coaches’ million-dollar salaries, the billion-dollar television broadcasting deals, and the multi-million-dollar sports facilities on various college campuses. To the NCAA, the only thing that would professionalize college sports is paying the actual people who make all of the revenue possible. Fortunately, college athletes have begun to have enough of the system that intentionally leaves them out of the revenue sharing. College athletes challenged the system during the Alston v NCAA trial where they chiseled away at the sham of amateurism.

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Alston v NCAA District Court Trial

During the trial, college athletes challenged the NCAA’s amateurism rules by arguing that the NCAA has violated federal antitrust law. An antitrust law violation occurs when an organization conspires to place a restraint on trade in a free market. The plaintiffs, in this case, argued that the NCAA did just that through their amateurism rules. Specifically, they argued that the NCAA’s rules limiting college athletes to cost-of-attendance scholarships violates federal antitrust law. Additionally, the college athletes argued that there were other less restrictive ways that the NCAA could meet its goal.

The NCAA conceded that the rules in question did in fact violate federal antitrust law. However, the NCAA contended that their rules served two procompetitive purposes. Specifically, the NCAA argued that their rules were necessary to retain consumer interest in college sports. The NCAA contended college athletes being unpaid is what keeps college sports separate from professional sports. They argued that it is this separation that drives consumer interest. Additionally, the NCAA argued that its amateurism rules were necessary to keep college athletes integrated into the greater college campus community.

Ultimately, the District Court ruled that the NCAA was violating federal antitrust law with its blanket prohibition on payments beyond a cost-of-attendance scholarship. The court ruled that the NCAA could serve their procompetitive purposes using a less restrictive means. Accordingly, the court ruled that the NCAA could no longer restrict benefits given to college athletes that are tethered to education. Such benefits include things like computers and musical instruments. These types of benefits help further college athletes’ pursuit of their education.

The NCAA Can Still Restrict Non-Education Related Benefits

However, the NCAA may still restrict payments above a cost-of- scholarship that is not tethered to education. Therefore, the NCAA is still able to serve its procompetitive purpose of keeping college sports separate from professionals by ensuring college athletes do not receive any non-education related benefit.

The Appeals Court affirmed the District Courts Decision

While the NCAA did not completely lose the District Court case, they still appealed. On appeal, the court considered whether the District Court erred in their ruling. However, the appeals court affirmed the lower court’s decision. The court reasoned that the NCAA could keep college sports separate from professional sports while allowing college athletes to receive unrestricted education-related benefits. The court further reasoned that it would not adversely affect consumer interest in college sports. When the NCAA allowed college athletes to receive cost-of-attendance scholarships, that did not adversely affect consumer interest in college sports, as the NCAA originally said it would. As such, the court affirmed that allowing the NCAA to limit non-education related benefits while requiring the allowance of educational benefits was a reasonable balance that would allow the NCAA to further its mission.

Pressure is on for the NCAA Name, Image, Likeness (NIL) Working Group

NCAA Name Image Likeness NIL Pay college athletes

California Governor Gavin Newsom created a firestorm when he signed the Fair Pay to Play Act into law. Starting in 2023, college athletes in California will be able to profit from their name, image, and likeness (NIL). They will also be able to sign with agents. After the act became law, several states announced plans to enact similar legislation. Among those states, was the state of Flordia. Two lawmakers in Florida proposed bills seeking to give college athletes including NCAA players the ability to profit from their name, image, and likeness (NIL). Last week, Florida Governor, Ron DeSantis, endorsed the proposed legislation. This is a major development regarding college athlete rights. It could mean that if either of the proposed bills makes it to DeSantis’ desk, he will likely sign it into law. Therefore, Florida could become the next state to allow college athletes to profit from their NIL.

However, the NCAA still has a chance to get out ahead of this NIL compensation issue. The NCAA could amend its rules to allow college athletes to profit from their NIL. The NCAA already has a working group set to address the issue soon. What would happen if the NCAA did just that and allowed college athletes to profit from their NIL? Would that make the Fair Pay to Play Act a non-issue? Would the federal government still enact a law addressing the issue? Before these questions can be answered, it is important to understand why so many state and federal lawmakers have come out in support of college athletes’ rights.

The Reason So Many Legislators are Interested in College Athletes’ Rights

The short answer is because it is the right thing to do. College sports are a billion-dollar industry. It is becoming increasingly difficult to ignore the blatant inequities in college sports. The benefits that college athletes receive pales in comparison to the benefits that their labor bestows upon others. For example, It was recently reported that several high profile college coaches have access to private jets for personal use. Access to such amenities are apart of their contracts.

As if it was not enough for some coaches to make severely more money than the governor of the state in which they coach, they have to have access to private jets too.

It is things like this that make it extremely hard to argue that college athletes should not be allowed to have a bigger piece of the college sports pie. Governor DeSantis realized this fact when he was attending a football game. His reason for endorsing the proposed legislation stems from him realizing that members of the marching band can make money promoting music on their YouTube channel. However, the football players who perform in the same field do not have a similar ability to profit from their talents. It is this inherent inequity and unfairness between the rights and abilities of college athletes versus those of other students that have sparked the interest of so many lawmakers.

What Happens if the NCAA Amends its Rules to Allow NIL Compensation?

While state and federal lawmakers are busy drafting college athletes’ rights legislation, the NCAA’s working group plans to address the issue. The working group is expected to announce its findings and recommendations very soon. The pressure is certainly on for the NCAA. Everyone is waiting to see if the NCAA will make recommendations that actually benefit college athletes. If the NCAA does amend its rules to allow college athletes to profit from their NIL, what will that mean for the Fair Pay to Play Act and other proposed legislation?

A World Where the NCAA Allows College Athletes to Profit From Their NIL

If the NCAA amends its rules in a meaningful way to allow NIL compensation, there is a chance that the NCAA could make the need for legislation go away. The Fair Pay to Play Act is not set to go into effect until 2023. Accordingly, the NCAA has time to remedy this situation themselves. However, in order to accomplish that the NCAA has to be willing to make meaningful change and allow college athletes to profit from their NIL and sign with agents with essentially no strings attached. The NCAA should not try to “tether” the endorsements to education or subject them to any other stipulation. The NCAA should do the right thing and allow college athletes to profit from their NIL like the Fair Pay to Play Act other proposed legislation intends to do.

If the NCAA does that there will not be a need for legislation and it will make the Fair Pay to Play Act obsolete. However, the NCAA’s track record paints a pretty bleak picture that they will do that. Furthermore, the stance that members of the working group have taken on the issue does not lead one to believe that meaningful change will be coming from the working group. Based on this, it is likely that some form of legislation will be necessary. However, the true outcome of the NIL compensation working group remains to be seen.

What California’s Fair Play to Pay Act means for South Carolina, Colorado legislation

California Fair Play to Pay Act Colorado and South Carolina NCAA

Governor Gavin Newsom broke the internet this morning when a video of him signing the Fair Pay to Play Act into law was released. The Fair Pay to Play Act was one of the hottest issues of the summer. It led everyone to debate if college athletes should be paid above a cost-of-attendance scholarship. The debate is no longer, at least for college athletes in California. Governor Newsom sat with LeBron James on his hit show The Shop and signed the bill into law.

King James was an ardent supporter of the bill. The Fair Pay to Play Act will give college athletes in California the ability to profit from their name, image, and likeness (NIL) and the ability to sign with an agent. Governor Newsom ignored the NCAA’s threat to prohibit colleges in California from participating in post-season championships and signed the bill into law. What will this mean for college athletes in California in 2023 when the bill is set to take effect?

The Fair Pay to Play Act

The Fair Pay to Play Act seeks to accomplish two goals for college athletes attending four-year colleges in California. One goal is to allow them to sign with agents. Pursuant to the bill, the agents must be licensed with the state. The agents must also be fully compliant with the federal Sports Agent Responsibility and Trust Act. The second goal is to give college athletes in California the ability to profit from their name, image, and likeness.

Under the Act, colleges will be prohibited from upholding any rule that prevents college athletes from receiving compensation for their NIL. Any compensation that is earned will not affect the athletes’ scholarships. Furthermore, the NCAA will not be able to keep college athletes from participating in collegiate sports simply because they receive NIL compensation. The NCAA also will not be able to ban a school from participation because its athletes receive NIL compensation.

However, college athletes do not have a blanket rule to enter into a contract without any consideration for their team’s pre-existing contracts. If an athlete enters into a contract, the athlete must inform the school. If the athlete’s contract conflicts with the team’s contract, the athlete will not be able to enter into that contract. However, the team contract will not prevent an athlete from receiving NIL compensation when the athlete is not engaged in official team business. The Act does not apply to prospective college athletes. The Fair Pay to Play Act will only apply to four-year colleges. However, the California legislature intends to create a community college NIL working group to study the California Community College Athletic Association’s rules.

Podcast Discussion About the Name, Image, and Likeness Bills

How will the Fair Pay to Play Act Effect Colleges in other States?

During his appearance on The Shop, Governor Newsom stated that “the [Fair Pay to Play Act] will initiate dozens of other states to introduce similar legislation.” Governor Newsom could not be more right. Before he signed the Fair Pay to Play Act into law other states had already followed suit. For example, New York state senator Kevin Parker introduced the New York Collegiate Athletic Participation Compensation Act. The New York bill is very similar to the Fair Pay to Play Act, but goes a bit further.

New York Collegiate Athletic Participation Compensation Act

The New York Collegiate Athletic Participation Compensation Act also seeks to give college athletes the right to profit from their NIL without losing their scholarship or collegiate eligibility. The bill prohibits New York colleges from upholding any rule that prevents college athletes from receiving NIL compensation. The bill also prohibits the NCAA from banning an athlete from collegiate participation due to NIL compensation. Likewise, the bill prohibits the NCAA from banning colleges whose athletes receive NIL compensation.

Like the Fair Pay to Play Act, college athletes in New York would not have the blanket ability to enter a contract without consideration of their team’s pre-existing contracts. The athletes will be required to inform their school of any contract they enter into. They would not be allowed to enter a contract that conflicts with the team’s contracts. However, a team contract will not prevent an athlete from receiving NIL compensation when the athlete is not engaged in official team business.

The New York Collegiate Athletic Participation Compensation Act also gives college athletes the ability to sign with agents. The agents must be properly registered and compliant with federal laws. The bill also exempts community colleges and calls for a working group to be created to address the NIL issue for community colleges. The bill also does not apply to prospective college athletes. The New York Collegiate Athletic Participation Compensation Act is very similar to the Fair Pay to Play Act. However, the New York bill takes college athlete compensation a couple of steps further.

The New York Collegiate Athletic Participation Compensation Act Seeks to go the Extra Mile

The New York Collegiate Athletic Participation Compensation Act seeks to go the extra mile by requiring that each college establish a fund for injured athletes. With this provision, athletes who suffer a career-ending injury in a practice or game will qualify for the fund. The athletes would receive the money upon graduation. The amount of compensation would be determined by each school. Perhaps most notably, the bill goes further by requiring that each college share 15 percent of its revenue from ticket sales with the athletes. These are major differences because it requires the schools to make direct payments to the athletes. Hopefully, California has broken the ice so that these additions to college athlete compensation can become law.

Colorado and South Carolina Also Have Plans to Follow Suit

Lawmakers in South Carolina and Colorado have already announced their intentions to follow suit. They both plan to submit legislation similar to the Fair Pay to Play Act in their upcoming legislative sessions. South Carolina State senator Marlon Kimpson and representative Justin Bamberg plan to introduce the bill. The bill will require the biggest colleges in South Carolina to pay $5,000 a year stipends to athletes in profitable sports like football and basketball. The bill will also seek to allow college athletes to receive compensation from sponsorships and autograph signings.

The Colorado legislation was introduced last session by state senators Owen Hill and Jeff Bridges. However, it was too late in the session when it was introduced. The senators plan to re-introduce the bill in the next legislative session. The Colorado bill will also require direct payment to college athletes from schools. Former college athlete Jeremy Bloom is a supporter of the Colorado legislation.

Whether the NCAA likes it or not, NIL Payments are Coming

Governor Newsom did not back down to the NCAA. From the looks of things, other states are not going to either. Whether the NCAA likes it or not, NIL compensation is coming. As Maverick Carter pointed out on The Shop, America is a capitalistic society. College athletes should have the same rights to participate in this capitalistic society like every other student. The Fair Pay to Play Act and other similar legislation seek to give college athletes that right. In light of Governor Newsom’s decision, it will be interesting to see what the NCAA’s NIL working group proposes. The working group is expected to share its findings and decision soon.

Alston v. NCAA: Judge Rules for Plaintiffs But NCAA Keeps Amateurism

Alston v.NCAA ruling on student athletes educational benefits

On March 8, 2019, amid the March Madness excitement, the highly anticipated ruling in the Alston v. NCAA case was released. In what appeared to be a victory for the plaintiffs, the NCAA still managed to come out essentially unscathed. Judgment was entered in favor of the plaintiffs. However, the NCAA was, unfortunately, able to retain a substantial amount of discretion over student-athlete compensation. Even though the plaintiffs won, the NCAA did not exactly lose.

College T-shirts at Fanatics.com

In the 104 page ruling, the court willingly acknowledged the disparity between what student-athletes receive in comparison to what coaches, the NCAA, and other college sports administration officials receive. However, that acknowledgment was not enough to make the court fully strip or severely limit the NCAA’s authority over student-athlete compensation that is unrelated to education. Thus, proving the courts’ and the general public’s inclination to refuse to acknowledge that there really is nothing “amateur” about college sports.

Alston v. NCAA Summary

Last fall, Judge Claudia Wilken presided over the Alston v. NCAA case. Judge Wilken also presided over the Obannon v. NCAA trial. In Alston, the plaintiffs included several current and former student-athletes. The defendants included the NCAA and eleven of its conferences that participate in FBS Football and Division I Basketball.

The plaintiffs challenged the legality of the NCAA and its’ member institutions practice of capping grants-in-aid at the cost-of-attendance based on federal antitrust laws. Contrarily, the defendants contended that the rules were necessary because they served several procompetitive purposes permissible under federal antitrust laws. However, only two procompetitive purposes were discussed at trial.

The Procompetitive Purposes Discussed at Trial

The first procompetitive purpose discussed at trial was that the rules were necessary to protect and promote amateurism and retain consumer interest in college athletics. Specifically, defendants argued that fans only engage in college sports because it is distinct from professional sports and that distinction is predicated on the fact that college athletes do not receive payment.

The second procompetitive purpose discussed at trial was that the rules were necessary to promote student-athlete integration into the greater college campus. Specifically, defendants argued that if student-athletes were paid above a cost-of-attendance scholarship other students would essentially become jealous and harbor resentment. The plaintiffs offered three alternatives to the current system. The court accepted a modified version of one of them.

The Alston Ruling

Judge Wilken ruled that the NCAA can no longer “limit compensation benefits related to education.” The ruling also mandated that the NCAA allow conferences to create their own rules and policies for scholarships. Essentially, the ruling will allow student-athletes to potentially receive a scholarship valued at greater than a “full ride” to college.

TireBuyer.com

Additionally, the NCAA will not be allowed to limit benefits related to education that is not included in the cost-of-attendance. Those benefits include items such as computers and musical instruments. In sum, the NCAA is no longer allowed to limit education-related benefits for student-athletes. This part of the ruling is essentially a win for the Plaintiffs. However, the ruling is not a total loss for the NCAA.

The Small, Yet Major Victory for the NCAA

The court found value in the defendants’ argument that the rules were necessary to serve the procompetitive purpose of keeping college sports distinct from professional sports. The defendants did not provide a clear definition of amateurism. However, the court reasoned that the distinction lied in the fact that college athletes are not paid unlimited sums unrelated to education.

With that, the court allowed the NCAA to maintain its ability to limit non-education related benefits for student-athletes. The NCAA is even permitted to define what “related to education” means. Thus, giving undue value to the NCAA’s farce of amateurism and the mythical distinction between college and professional sports.


Why do People Ignore the Other Similarities Between College and Professional Sports?

In response to the Alston ruling, the NCAA’s chief legal officer Donald Remy released a statement. Mr. Remy stated, “the decision acknowledges that the popularity of college sports stems in part from the fact that these athletes are indeed students who must not be paid unlimited cash sums unrelated to education.” This statement re-enforces the NCAA’s argument that rules limiting payment to college athletes are necessary to serve the procompetitive purpose of keeping college sports distinct from professional sports. However, is college sports really distinct from professional sports?

College Sports is not Very Distinct from Professional Sports

Aside from college athletes not being paid like professional athletes, there is no real distinction. For example, Division I college football and basketball garner very similar media deals that professional football and basketball garner. The March Madness tournament generates a billion dollars in revenue for the NCAA. Likewise, the NBA playoffs and Finals generates billions of dollars for the NBA. College football generates billions of dollars for the schools and the conferences. Professional football generates billions of dollars for the NFL and team owners. The coaches make millions in college sports, just as the coaches make millions in professional sports.

Given all of those similarities between college and professional sports, how can anyone claim that Division I college sports are largely distinct from professional sports? Why is payment unrelated to education the crux of the distinction between college and professional sports? Division I college sports resembles professional sports in almost every other way. However, the NCAA is still allowed to claim a distinction based on lack of payment to the athletes who propel the industry. Why are the courts and the public so willing to ignore the other similarities and give deference to a distinction that is largely predicated only on lack of payment?

NCAA May Be Forced to Pay Players For Their Name, Image, Likeness

College Athletes NCAA Name image Likeness

The NCAA is finally acknowledging the push to allow college athletes to receive pay from their name, image, and likeness (NIL). Both federal and state lawmakers have introduced bills seeking to allow college athletes to profit from their NIL. On May 14, the NCAA shocked college sports fans when they announced their creation of a working group to “examine issues being highlighted in recently proposed federal and state legislation related to student-athletes’ name, image, and likeness.”

With this announcement, the NCAA acknowledged the growing support for allowing college athletes’ to profit from their NIL. Some of the efforts have made quite a bit of progress. However, will the NCAA’s acknowledgment of this issue actually lead to real change that benefits college athletes? Will the NCAA finally do the right thing and allow college athletes to finally receive some of the benefits that their skills provide to so many coaches and college sports administrators?

College Athletes Give up the Right Profit From NIL When They Agree to Play

One may wonder why such legislation is even necessary. It would seem that people would automatically receive compensation for the use of their name, image, or likeness. However, that is not the case for college athletes. College athletes are prohibited from profiting from the use of their name, image, or likeness. Those who violate the rules risk losing their eligibility. College athletes have been suspended something as simple as signing an autograph. In 2013, Johnny Manziel was suspended for doing just that.

The ability of college athletes to profit from their NIL was addressed in federal court in O’bannon v. NCAA. While the case made some progress for college athletes, it did not result in blanket allowance of NIL compensation. Both federal and state lawmakers around the country have acknowledged the injustice of precluding college athletes from such compensation while the NCAA and its member schools generate billions of dollars each year from college sports.

Will the NCAA’s Working Group Result in NIL Compensation

Will the NCAA’s working group result in NIL compensation for college athletes? Initially, it would seem that the NCAA will do what it always does. That is, find a way to avoid allowing college athletes to receive any compensation in the name of maintaining its farce of “amateurism.” Afterall in the press release, the NCAA stated that the working group would be focused on “maintain[ing] the clear demarcation between professional and college sports.”

Allowing college athletes to profit from their NIL would certainly blur that line. College athletes would be able to sign endorsement deals similar to professional athletes. However, it is hard to imagine that it would blur the line any more than the billion-dollar broadcasting deal the NCAA has with CBS Sports and Tuner, a division of Time Warner already has. It clearly benefits the NCAA and college sports administrators for things to remain as they are. However, the creation of the working group signals that fact that the NCAA realizes that it needs to act before it is forced to act. The NCAA could be forced to act soon.

California Legislation Could Really Become Law: NCAA Athletes Pay

About a week after the NCAA made its announcement, the Fair Pay to Play Act in California took a giant leap forward. The California Senate voted 31-4 to pass the bill.

The bill is headed to the state Assembly for further consideration. The bill seeks to allow college athletes to hire agents and profit from their NIL by 2023. The Fair Pay for Play Act will make it illegal for California colleges to punish college athletes for receiving compensation for their name, image, and likeness. If this Act makes it through the state Assembly, the NCAA would be forced to change its rules, at least for colleges in California.

The Federal Legislation Could Affect the NCAA’s Non-profit Status

In March, Congressman Mark Walker of North Carolina introduced the Student-Athlete Equity Act. If signed into law, the act will make the NCAA’s status as a non-profit contingent on the NCAA allowing college athletes to be compensated for their name, image, and likeness. It is about time the NCAA be forced to actually do something to warrant still being considered a non-profit. The Act is currently under review by the House Ways and Means Committee. If this bill becomes law, the NCAA will have to change its rules for colleges nationwide.

The NCAA may Enact Change Given the Progress of the Proposed Legislation

Considering the progress of the Fair Pay for Play Act and the Student-Athlete Equity Act, the NCAA may actually feel forced to revise its rules. In an effort to avoid being told what to do, the NCAA may revise their rules to allow college athletes to receive some compensation. Furthermore, 2020 democratic presidential candidate Andrew Yang believes that is time to pay college athletes. He plans to make the issue apart of his campaign. Here again, a politician is taking a stance against the NCAA’s exploitive system. The issue of paying college athletes is going to continue to grow. With that realization, the NCAA may actually revise its rules in order to maintain its control.

Follow Kassandra Ramsey on Twitter @Court_2_Court

State Legislator Proposes Bill to Pay College Athletes: Change is Coming

Alston v.NCAA ruling on student athletes educational benefits

Change is inevitable for college athletics as another legislator has made a move in support of college athletes rights. Washington State representative, Drew Stokesbary, has introduced a bill that would allow college athletes in Washington to profit off their name, image, and likeness. The current college athletics system is extremely unfair to the athletes who propel the billion dollar industry. Everyone can make money, except for the labor force. Coaches sign million dollar contracts.  Schools and conferences garner million dollar television deals.  Meanwhile, athletes are only able to receive a cost-of-attendance scholarship. A scholarship is invaluable. However, athletes should not be limited exclusively to that form of compensation. This is especially true for athletes who could garner endorsement deals.

Come on Now, Everyone Should be Able to Profit off Their Own Name, Image, and Likeness

The ability to capitalize off one’s own name, image, and likeness would seem to be one of the fundamental tenants of American capitalism. For the most part, it is except in the context of college athletics. Currently, college athletes are unable to profit off their name, image, and likeness without being subject to losing their athletic eligibility. Meanwhile, schools are able to market the athletes however they see fit, without the athletes receiving a dime above their scholarship. This is exactly what the bill seeks to change for college athletes in Washington state.

If Stokesbary’s bill is signed into law, college athletes in Washington will be able to profit off their name, image, and likeness. The athletes will be free to enter endorsement deals without fear of losing their eligibility. Whether this bill or some variation of it will actually become law remains to be seen. However, that is not the most important part of the introduction of the bill. The introduction of the bill is important because it proves that attitudes are continuing to change regarding college athletes’ rights. With a change in attitudes, real change is sure to follow.

Support is Growing for College Athlete Rights

More and more people are starting to acknowledge the injustices of the current college athletics system. Accordingly, the current model is being challenged on all fronts. Washington state appears to be leading the way in challenging it legislatively. However, last year a congressman from North Carolina called for college athletes to be allowed to profit off their name, image, and likeness. Representative Mark Walker did this in hopes of sparking a national debate on the issue.

The current model is being challenged in court in Alston v. NCAA. College sports enthusiasts eagerly await federal district court judge Wilken’s decision on whether the NCAA and Football Bowl Subdivision (FBS) conferences are violating federal antitrust laws by capping scholarships to cost-of-attendance. If the plaintiffs are successful, major changes to college athletics may be seen.  Either way, the losing side will surely appeal. It is possible that the case could reach the Supreme Court, should they chose to hear the case.

Similarly, the current college athletics model is being challenged by start-up leagues like the Historical Basketball League (HBL). The HBL is a start-up basketball league. The HBL seeks to offer a better option by compensating its players while ensuring they receive a free quality education. With all of the challenges being lodged at the current college athletics system, change is sure to come one way or another.