Very conflicted by this since both Kavanaugh and the NCAA fucking suck. I’ll give this one to Kavanuagh though.
I guess we can expect Dabo to resign from #Clemson later today? "We try to teach our guys, use football to create the opportunities, take advantage of the platform and the brand and the marketing you have available to you," Swinney said four years ago. "But as far as paying players, professionalizing college athletics, that's where you lose me. I’ll go do something else, because there's enough entitlement in this world as it is."
Totally agree players should be compensated for the time and effort they put in. They should absolutely also be allowed to profit off of their likenesses. Going to be interesting to see how the execution works, though. Wonder about the ability of the smaller schools to actually make it work financially. Football essentially pays for the other sports at many programs. And apparently most of them don’t net a positive.
You let the 3rd parties pay it. Agents, reps, local businesses, Nike, whoever wants to advertise or represent or team up with an athlete, let em pay the appropriate rates to do so. Compensating for time/effort is a different issue, but NIL is easily paid for I think.
collegiate athletics are supposed to be a benefit for students not a money making enterprise, it's why the always there tension of schools stripping funding from non money making sports was always going to explode at some point, what you stated was never ever the intentional dynamic it's just been a really soft retroactive defense of the current system
This ruling does not necessarily go that far in what it decides. It decides that the NCAA cannot limit educationally related expenses. That is the narrow issue decided. Ohio State football now can buy brand new IPads for every player, Harbaugh can take Michigan anywhere he wants to study abroad. Saban can start lining up paid internships for players. The ruling doesn’t decide NiL or pay to play. The ruling is unanimous, however, and it’s language is sweeping. It is incredibly difficult for me to think of circumstances in which the NCAA can prohibit payments from third party sources for NIL rights.
Sonia Sotomayor, Elena Kagan, Clarence Thomas, and Brett Kavanaugh share a laugh and a friendly smile before simultaneously uttering "fuck the NCAA." That is the unifying power of college football.
The NCAA should be forced to present in front of bi-partisan legislative bodies on other topics that deal with key societal constructs that are stuck in perpetual quagmire (read: healthcare) if this is the type of unification it can bring to bear.
The NCAA has been hammered in antitrust cases over the years, but they have their wins as well. They have to tie a restriction to a noncompetitive motive and result. For example, the NCAA can place limits on the number of BB games you play. They allow exemptions for the Great Alaska Shootout because Alaska schools have difficulty getting teams to travel there. Those restrictions have been upheld in prior cases. Kavanaugh’s concurring opinion is just his view. It has no legal precedent, only the majority opinion by the eight other judges. Under the majority opinion, however, it is difficult to think how the NCAA can limit NIL payments. Pay to play is different. The schools can legitimately argue that they use football revenue to fund nonrevenue sports. For NIL, there really is no counter argument, other than we don’t like you making money or some of you are going to make more than others. Ironically, federal labor law is exempt from most antitrust. Form a union and the NCAA/union can bargain for whatever restrictions they agree. That’s never going to happen.
Schools going to start housing all their premiere athletes off campus and saying they need a car to get campus so it’s an educational cost lol
They never have been exempt from antitrust. The US Supreme Court decided that in 1984 when the NCAA lost its ability to negotiate TV contracts. The NCAA used to contract with ABC and then dictate which schools got televised. They lost on antitrust grounds and all that power shifted to the conferences.
They can amend, but direct pay to play has very significant legal obstacles that NIL does not. The schools have a legitimate interest to use football revenue to fund Olympic sports. Title IX is federal legislation as well. Even if federal antitrust laws prohibit the NCAA from outlawing pay to play, that doesn’t mean schools can do it without violating Title IX.
I think some schools might find their college football and basketball programs so profitable that they’d be willing to trash all other men’s programs and pare down women’s programs to 98 spots (or whatever the successor to the NCAA directs in terms of roster limits for those two sports) Either way, for a variety of reasons, I’d be surprised if there wasn’t another significant round of Olympic programs getting the axe.
There are a lot of ways this can break. I can’t see the P5 conferences trying an end run around Title IX though. It would get really interesting at a smaller, non P5 men’s with a powerful basketball program. It’s a lot easier to pick off program changing talent and pay them in that situation. My expectation is that NIL equalizes or eliminates that risk though. Top talent is still going to make more money off of NIL than being paid by a school. A shoe deal at North Carolina or Kentucky is worth more that whatever Gonzaga can pay you directly.
Have you seen how badly Michigan dominates the field in EDSBS’s charity bowl? Now imagine if we are competing for a five star for Harbaugh to squander. Eat our shorts, poors.
Walter Nolen is about to get a grandmother who cannot afford her diabetes medication, an uncle with chronic Covid complications, and a special needs sister.
There's only so many cuts they can do, they still have to offer a minimum of 7 sports apiece for men and women to remain in D1
What does this do to non revenue generating athletes? Like golfers, most baseball players, most women sports, etc?
They wouldn't do it because other schools would use it in recruiting against them and they would get absolutely shit on for doing it.