re: CA started this NIL BS. Now they want more

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I'm pretty sure Florida had the first NIL state laws.

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California was the first state to pass an NIL law (the “Fair Pay to Play Act”). The California bill was passed in 2019, but wasn’t set to go into effect until 2023. The idea, presumably, was to give the NCAA time to adapt.

After the California bill passed, other states started debating and passing NIL legislature as well. Some of those state laws had effective dates sooner than the California law. In 2020, Florida passed a bill that was set to go into effect July 1, 2021. That was the earliest effective date of any state law at the time.

After that, the other states (including California) started changing their effective dates to match Florida. I guess nobody wanted to be last.

So basically California started the trend, then Florida accelerated it.

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The thing that made NIL inevitable was the Supreme Court Ruling.

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Not really. The Alston decision has been made out to be a much bigger factor in today’s NIL situation than it actually was.

The NCAA had two choices: either develop a policy that allows schools to comply with state NIL laws, or force schools to choose between state law and the NCAA. Forcing the schools to choose would inevitably have led to universities leaving the NCAA, which very well could have destroyed it completely.

So the NCAA tried to come up with a policy. They had a draft policy in late 2020/early 2021, and the DOJ sent them a letter basically telling them that their draft NIL policy would put them in the crosshairs for antitrust enforcement. So the NCAA had to scrap that draft.

Then they dicked around for 6 months trying to lobby Congress to pass federal NIL legislation that would protect the NCAA from antitrust enforcement. There was some commentary from lawmakers on the topic, but it never got to a vote.

By that point the NCAA had, quite simply, run out of time with the first batch of state-level NIL laws set to go into effect July 1, 2021. The NCAA announced their “interim” NIL policy (which still applies to this day) on June 30, 2021 - the day before shite would have hit the fan.

The Alston SCOTUS decision was just lagniappe and didn’t directly address NIL. Kavanaugh fired a shot across the NCAA’s bow with his concurring opinion, but that didn’t force their hand in the same way that the state laws did.