I think we should and have to stop all high school NIL considerations... that is something states legislatures can get behind. That at least limits the growth... and keeps in check the scope and size of this recruiting dilemma. Make pay-for play a crime. The NIL problem is really a function of the Transfer Portal free for all. Fix the ungoverned Transfer Portal and that will fix the NIL. Problem contained to that degree... becasue the NIL is here to stay.
Yes, the TP is horrible, and the NIL and TP need limits! Otherwise, the richest schools will possess the richest rosters--truly, pay for play!!
NIL and the transfer portal are a function of one thing that Bill Carr, the old UF AD, identified. He said that when Olympians started getting paid in the 1980s, he and other ADs should have seen the legal writing on the wall and created a system where the players were compensated. Instead, he said “we were greedy.” Fast forward and the court looked at the question: “NCAA, you sell a product of football and make billions. You argue that your business model is that the players are amateurs so you provide an education but no pay. BUT you prevent them from working outside, transferring schools, etc?” In a 9-0 opinion, SCOTUS laughed the NCAA out of the room (with Kavanaugh figuratively threatening to blow up such a farcical system if the case came back. The ONLY way to fix this is for schools to give players contracts. In return, the schools can then set transfer rules, salary caps, and limit outside employment (NIL). They simply cannot refuse to pay players and try to deny them outside income or the ability to transfer. As to high school NIL, reminds me of a George Carlin skit on “bringing back the death penalty for drug dealing.” He pointed out that “drug dealers kill each other all the time and are not afraid to die. Want to really stop drug dealing, bring the death penalty to businesses/banks that launder drug money. That would impact drug dealing.” In this case, prosecuting high school kids for taking NIL money seems less effective and morally accurate than prosecuting the adults throwing money at the kids. High school NIL is not a big issue to me personally either way (compared to 1 in 4 women in America being sexually assaulted or the human trafficking issues we face, it doesn’t strike me as a driving concern for our kids).
I'm not getting into the past and the mistakes they supposedly made about what brought about the NIL, but it is STILL NOT A PAY-FOR-PLAY type of employment to the schools nor are they taking profits from the schools directly. That is never going to happen and that is NOT what the SCOTUS ruled was legal. The greed came when these student athletes were NOT allowed to make money on the side and that was all on the NCAA.. You notice that in baseball, during tournaments, the teams are required to wear an NCAA patch on their uniforms? Well that's becasue they somehow still control that collegiate sport unlike in football that got it's "freedom" to create their own TV rights and contracts with out NCAA interference into their ability to make schedules and TV contracts. Finebaum read a notice on why more SEC teams were not being televised last year during the baseball playoffs... the NCAA restricted the TV time of schools. That basically the gits of it. The NCAA, once upon a time, had that power over college football. The NCAA was sued and the conferences we free to make TV deals all on their own without limits to how much time on TV the colleges can get. You probably know all this, but other readers might not... The SCOTUS said these student aesthetes can use their name image and likeness to make money and play college football. \Nothing the SCOTUS said gave these schools the right to hire these college football players and make them employees. Lol... unfortunately we can't undo the NIL.. It is here to stay.
Bigger picture: there should be no college athletics. It's a system that always depended on free labor for its profits. Now that college sports are being forced to pay for their labor force, it's all falling apart. IMO, the answer is to have it a system of club teams (that the athlete pays to participate in) and professional teams that pay the players, have contracts, trades, etc.
So like a minor league system for NFL? Tebow played for the Binghamton Rumble Ponies in baseball for a bit. Then, if the NFL teams are paying for it, they can pay the players and trade them etc... If they want to use a University for it's logo and things then they would pay the University licensing rights.
Except the nfl has a free minor league and fans and boosters aren’t being paid by the school. The school gets to keep all the money. The only ones that don’t profit from the system are the boosters and fans who are fairly powerless. All we can do is quit supporting.
I agree NIL is here to stay. But LOL at thinking that fixing the portal will automatically fix NIL. While I agree that the portal is a mess, how are you going to fix it? The only option I see is to go back to the days when players had to sit out a year after they transferred. You can't eliminate their right to transfer completely. Not to mention the pending lawsuits seeking to remove all restrictions on transfers. That isn't going to fix NIL. It certainly won't fix NIL as it relates to High School recruiting, among other things. And it won't rule out a collective dropping bags on a player to transfer, even if he has to sit out a year.
You can’t limit NIL and the NCAA is likely about to lose what little control they had over transfers.
There is NO limit to what an American can legally earn in our county... not even college football players, student athletes. The NIL will never change, nor will it ever go away.
The NIL decision never said that schools/collectives/whatever could write giant checks to athletes just for recruiting purposes or for the hell of it. The decision held that if a player's NIL was USED by a for profit corporation to make money, then the player was entitled to be compensated. Period. The checks being written to players now by the collectives are NOT being written to compensate them for their NIL. They are being written for recruiting purposes and everyone knows it. I think NIL, as it is being applied, is a blatant recruiting violation, and apparently the NCAA thinks so as well. How the litigation against them fares, only time will tell. But I disagree that rules can't be put in place to carry out the intent of the court decision, without resort to what we are seeing. But none of that has anything to do with the portal.
This is true but Rey we going to litigate every Americans income? College football has to get their shit together like any other sport. It’s not the laws that are screwed, it’s the system that colleges created. Do we want Putin to straighten it out or let it be run the American way.
I’ll keep going back to….I’m not sure it matters what we want. Lol. Shits gonna happen the way it happens no matter what me and you do.
We agree on much but this is where I disagree. If you are an employee of a company, there is absolutely a right for your employer to limit both your ability to work for competitors (non-competes) and take outside employment. This is basic employment law. However, to claim the right to limit an employees work outside your employment, or ability to move employees, they must be an employee. The NCAA and schools fought this, seeking to control players but not pay them, and were laughed out of court. If they create a system where the players are employees, then they can negotiate salary caps, transfer rights, and NIL (pay outside your employment). We will see. This is the crux of the present situation. Colleges/NCAA are still getting billions but not paying players - that has been pushed to alumni. Seems perfect - except to fans who actually want players committed (at least financially/contractually) for some period of time, rather than abject capitalism where your team is a year by year collection of mercenaries.
