Since 2019, the six entities have spent more than $15 million on some of the most powerful lobbying firms in Washington, D.C., and an undisclosed amount (likely in the millions) on well-connected public relations firms, public record and expert analysis show. Using some of the same high-powered lobbyists and PR professionals as Purdue Pharma and the Biden-Harris presidential campaign, they've manipulated the conversation on Capitol Hill, shaped media discussions to reflect their talking points, and influenced multiple legislative proposals.
Using these power brokers, they're asking for three things: an antitrust exemption (free reign on dictating their own compensation rules), a law specifying that college athletes don't count as employees, and the ability to preempt conflicting state laws. The campaign could halt the extensive push for athlete unionization and employee status as well as allow the NCAA to place new restrictions on existing reforms like NIL rights. Athletes could also lose any legal pathway to challenge amateurism in court in the future.
At the same time, most athletes don't know that a debate over the future of amateurism is taking place at all, let alone in Congress—or that the debate could result in a loss of economic power, advocates and experts agree
Front Office Sports: 'A Breathtaking Lobbying Campaign': The NCAA's Sophisticated Effort to Save Amateurism
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I'm afraid that if they want to keep college sports amateur, they're going to need a DeLorean and a flux capacitor.
Probably.
But it's the right thing to do, and they're trying.
Let me clarify: everyone is going to want a piece of this pie, so the more public this is, the better.
I welcome all the outside scrutiny this can get.
I think the NCAA is trying to keep all of the pie for themselves.
Who should get the pie? The SEC, the Big 10, and ESPN?
I think that if the NCAA/Conferences/Schools/Coaches are allowed to chase money without any restrictions (other than what fans/schools/cable networks are willing to pay them) then the players should have that same right.
Most schools are losing money.
So, you know, there's that.
Methinks college athletes are undervaluing free tuition, room, board.
If we want to go the unfettered commercialism route, we also need to consider cutting the public subsidies.
You forgot the free tutoring to assist with homework and studying.
My understanding is that Congress does not just hand out anti-trust exemptions willy nilly - you need to bring something to the negotiating table (not just cash payouts) - Eg; The NFL had to agree to restrict what days they broadcast on, agree to put a team in NOLA, etc.
I have to imagine that existing unions (NFLPA, SEIU, or someone else) are also lobbying congress right now, as they also see the opportunity to drive collective bargaining in college sports.
NIL (as currently constituted) is a disaster that is ultimately going to completely collapse on itself and is destroying the fan experience.
But this might be going too far in the opposite direction. Trusting the NCAA to do anything right is ludicrous.
Again...why dont we simply create rules to allow players to sign with Agents? Agents have to be vetted and cleared unlike these bullshit "NIL agents" that are mostly 20 somethings that are moving on to the next thing after Crypto.
It makes too much sense apparently. Agents aren't going to be interested in the 3rd String LT or the 16 y/o 3☆ who thinks he should get $80k just to sign an LOI. Athletes will truly get NIL...their market value will determine who signs them and for what sort of $$. Then, we move the burden of compensation off of schools and fans and onto the actual companies seeking endorsements.
Who gets to create the rules? Wouldn't that entity have been the NCAA?
Like others have said, it's probably too late to fire up the Delorean.
So, like you said, the thing will likely collapse on itself. Capitalism has a way of sorting things out, even if some folks unjustifiably win and some folks unjustifiably lose.
The NCAA lacks centralized authority. The NCAA is 1100 schools that compete across 3 levels in 89 different sports. The NCAA is just a collection of university presidents. It's analogous to the Articles of Confederation. The NCAA can't do anything because it's designed not to.
The NCAA needs to be replaced by an org that can govern from the top down. I also think football needs to separate completely from the NCAA; it's such an outlier in popularity, roster size, infrequency of matchups, potential for injury, etc.
I'd want a college football league where leadership can supersede any decision made by a conference leader, where regionality is enforced, promotion/relegation drives who competes at what levels, and revenue is shared across conferences.
Yes, this is a pipe dream, but I think it's possible we could get a system like this 'in return' for an antitrust exemption.
I'd want a college football league where leadership can supersede any decision made by a conference leader, where regionality is enforced, promotion/relegation drives who competes at what levels, and revenue is shared across conferences.
I agree with you, and would love it, but none of that is really going to happen. That would be a college football fan's league. It would be OK if the super athletes bypassed it to play in the NFL.
Too many people who already have a financial interest don't want that.
I really don't think NIL is ruining the fan experience. I think the transfer portal is however.
Yep - this is my thought as well.
Unregulated NIL is absolutely going to screw up college football. No question.
But NIL and the Portal are inseparable entities.
I don't think it is coincidental at all that with the advent of NIL, unlimited and unrestricted transfers suddenly came into being.
NIL drives the 1100+ players in the Portal. Some seeking more $$, others essentially getting pushed out the door and maybe or maybe not having a landing spot. Its the 2nd part, the less clean side of the Portal that we don't hear about. NIL drives that--it gives teams a "strategy" to cull their Rosters, just let the NIL $ go away and so will the unwanted player. And since NIL collectives are "independent" nobody has to look like the bad guy for pulling a scholarship.
I have no problem with players getting compenstated for their legitimate value. That's why agents make sense..there is a reason why Zion Williamson and Reggie Bush's families were getting No-rent houses and bags of cash...because they had real NIL value. Incoming Freshman don't have that level of NIL value...Basketball players on their 3rd P5 stop who average <10 ppg don't have it either.
They are separable. They came about by different means, at different rates, and at different times. They have different rules associated with them. But they do have similar legal rationale behind them.
Transfer rules had been a slower development over the last six years (2018 is the first year a player could transfer without asking their current school for release, opened up the Transfer portal). Restrictions on transfers slowly broke down: 2021 - can transfer without sitting a year; 2022 - transfer windows; 2024 - unlimited transfers allowed.
NIL was enacted via NCAA v. Alston, decided in 2021, resulting in an opening of flood gates that really have not been able to kept in check by the NCAA, state legislatures, or any other governing body. Any further "allowance" related to NIL is just codifying what is pretty much already done, at least in figuratively.
The timing is mostly coincidental. The transfer rules were being relaxed mainly due to pressures from schools and the red tape and black box nature of the waiver process (see VT and Brock Hoffman; also see any UNC transfer). Players also wanted less restricted transfer rules, which is why they became unlimited in 2024. NIL came about due to the request of players and against the desires of the schools.
The only reason the timing is not fully coincidental is that the idea of unrestricted transfers and NIL is based on the belief that an arbitrary restriction is placed upon collegiate athletes, which has gained momentum over the past decade plus. (O'Bannon v. NCAA was filed in 2009, SCOTUS decision in 2015). That momentum has resulted in essentially having no restrictions for each NIL and transfers because there is nobody at the wheel to oversee collegiate athletics.
And if a central agency came into being to regulate collegiate sports (or at least high-end collegiate football), that entity can and would regulate transfer rules and NIL independently. There would be some interrelated rules (e.g., when can NIL/compensation be discussed in the transfer process), but each is a different action and would require it's own set of parameters, most of which are not interrelated.
But to your point, the combination of unrestricted transfers and unrestricted NIL is damaging collegiate athletics. The transfer rule and NIL are accelerants for each other. If a player wants more NIL, they'll look to transfer. If a player is looking to transfer, collegiate teams are looking to give that player more NIL. Rinse and repeat for each season. And thus the combination is resulting in an out-of-control spiral.
Um, NCAA and Sophisticated in the same sentence?!?!? Come on.
While slight talked about above, I really agree with the commissioner idea. Football and Basketball should each have a commissioner, the other sports could be lumped into a single commissioner. The NCAA can be in charge of the commissioners for all I care, but having actual ability to enforce rules and negotiate contracts would help.
As for the NIL let that be handled by the NCAA too, but actually fund it. No one should be shocked or upset with Caitlin Clark having national deals for sponsorships, she's the biggest name in women's basketball, probably ever. Letting everyone get some cash for NCAA 25 likeness, sure. Jersey sales you betcha. Jerry's Suburu in Bumfuck, GA paying $100k for a player that was at Wake Forest a month ago and now is in Athens, get out of here. Hell, if you want some ones likeness, he is the standard fee and here are the terms and then everyone can pay, but don't let it be wild west, maintain some control.
Congress has the most authority in this area with their Constitutional power to regulate interstate commerce. Congress, in theory, could put the NCAA back into the same structure prior to Alston v. NCAA. That case is based on Sherman Act that was passed by Congress. And thus Congress can write rules, exceptions, interpretations, definitions, etc. to those laws that specifically apply to collegiate athletes. Congress could also appoint a regulatory authority to over see college athletics, if they so desired.
Congress mostly stays out of business affairs. There are not too many instances of very direct control on employers or employees (or in this case universities and athletes). It would be rather unprecedented to take on this role, but it is probably the only entity that could resolve the issues quickly. (Notably, Congress really doesn't do much of anything quickly, except in cases of emergency, but they could regulate collegiate athletics within days if they so desired.)
If Congress took control, there won't be much for collegiate athletes to do. Athletes can try and claim employee status or contractor status (as under the NLRA and NLRB), but Congress can technically define that for them. The 13th and 14th Amendments can provide some basis for the rights of individuals. I don't think the 13th or 14th would be a strong basis that would win in SCOTUS, but maybe.
Ultimately, if Congress wanted, they could control (or put a regulatory agency in control of) collegiate athletics or collegiate football. But the questions are: Would they do it? And if they did, how quickly and to what extent would they govern?