NIL update (hint: there are none)
Last week I wrote about name, image, and likeness (NIL) and the Senate meeting that was held on the topic. We are now less than 10 days away from six of the states’ NIL laws going into place. Senator Maria Cantwell said last week that she does not believe that a bill will be passed, let alone proposed, before July 1. In short, this is setting up to be a trainwreck for the NCAA.
As mentioned before the implications for NIL are yet to be found but, will most certainly have an immediate impact. The NCAA continues to delay and hold for reasons that I can’t be sure of. Honestly, the strategy confuses me in what they’re doing and shows a lack of leadership from NCAA headquarters.
There are still many questions that have to be answered in regards to NIL. Here are a few that come to mind:
Will student-athletes be considered employees if they accept endorsements?
What will the tax implications be for students with endorsements? How (if at all) will students be educated on how to maintain proper tax status?
Will there be a “sin tax” for endorsements that don’t align with the institutions’ views
Internation students are currently not permitted to take contractual jobs on educational visas. How will NIL adapt to support this group?
All of these questions will be good to keep an eye on soon. These along with many other questions should be handled as swiftly as possible. Not doing so puts athletic departments in very tough situations.
Alston v. NCAA
The public eye stayed on the NCAA this Monday morning as the U.S. Supreme Court ruled in a 9-0 decision against the NCAA in its anti-trust lawsuit. I will attempt to summarize this as best as can but please note, I am not a lawyer, nor do I pretend to be one. With that being said, I will link other writers with extensive law backgrounds throughout this section that can give more details on today’s ruling.
The case was essentially against the NCAA for violating anti-trust laws meaning that the NCAA, in the words of Justice Kavanaugh, was “price fixing” the amount of money athletes could receive for academic expenses. As Sportico writer, Michael McCann notes, this case was about giving schools the discretion to spend more on athletes for academic purposes.
This is where the case gets really interesting to me. Justice Kavanaugh in essence ripped the NCAA for their outdated and unfair laws. He wrote in his statement the following:
“Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate”
Kavanaugh also went on to say the following about the NCAA's current amateurism rules.
I believe that this case opens up the door for a future lawsuit regarding the compensation of collegiate athletes. A 9-0 unanimous decision of justices that consist of conservative and progressive and some moderates as well seems to send the strong message that it is clear that college athletes deserve to be paid. I also believe that the court is saying that it is unlawful and immoral for the NCAA to make billions of dollars off of athletes without athletes receiving anything under the guise of amateurism. The NCAA has yet to find a persuasive argument that justifies this stance.
Still, the question must be asked: how far do we want the government to be involved in sport? President Mark Emmert said at the senate committee meeting last week that he did not want to see state universities bringing up lawsuits against their own state. In a sense, there are times where government needs to be involved. In cases where injustices are clear and present- yes, the action of the government is needed to rectify a wrong. However, this does not excuse the NCAA and its leadership from its responsibilities. A proactive approach is always better than a reactive one. This is why a change is needed in leadership from the NCAA. The proverbial can has been kicked around for too long, hoping that someone from the government will come to the rescue. If the governing body’s leadership cannot find innovative ways to address these issues or even have a stance on incoming issues, ultimately those being ruled will suffer.
What are your thoughts? Comment below to let me know what you think!
Other News
The NBA playoffs are on and both number 1 seeds are out. We are now down to the final four teams of Clippers vs Suns and Bucks vs Hawks. All of this is surprising to me but I am here for the ride! Enjoy this throwback in celebration of the Hawks upset over the Sixers.
The Olympics are near! Simone Biles just won her seventh national title. You can watch her win the event here.
Sha’Carri Richardson is really fast. That’s it. that’s the point. I’m glad she’s on our team for the Olympics.
Finally, I would be remiss if I didn’t wish my dad and all the other fathers and father figures a Happy Fathers Day. You guys are impactful. I’m thankful for the work you all do.