re: Great story about the transfer portal and nil in general

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The rulings that directly address NIL are the ones that they are in the process of settling with the NCAA, as I understand it. The previous rulings that moved the NCAA away from the NIL ban did not directly address that but it was clear from the ruling the court's direction would get us there eventually. Maybe one of our tRant lawyers could clarify this.

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Not a lawyer, but have followed this pretty closely for several years. That’s accurate.

California passed the “Fair Pay to Play” act in September 2019. Effective in January 2023, any public universities in California who prevented any athlete from earning income on his name, image, or likeness would be in violation of state law (subject to certain caveats, such as any endorsement that conflicted with existing team contracts).

Colorado followed suit with SB20-123 in March 2020, with their law also set to go into effect in January 2023. Florida became the third state to pass an NIL law with SB646 signed in July 2020. However, Florida’s timeline was much more aggressive - their law went into effect on July 1, 2021.

Meanwhile the NCAA was fighting several court battles. The first big NIL case was O’Bannon v. NCAA. This was the EA Sports lawsuit. EA settled, but the NCAA went to court. They lost in 2015, which led to the “full cost of attendance” being allowed under scholarships, among other things.

Following the O’Bannon decision, there were a number of new lawsuits against the NCAA. Those eventually turned into NCAA v. Alston. Alston went to the Supreme Court, who ruled against the NCAA in June 2021. The Alston decision was focused on compensation for “education-related” expenses that were not included in the “full cost of attendance” calculation. It did not actually address NIL. However, Justice Kavanaugh issued a concurring opinion in the case that blasted the NCAA’s entire amateurism model and made clear that they were fighting an uphill battle in court.

Another lawsuit, House v. NCAA, was filed in 2020 to force the NCAA to allow sharing of broadcast revenue.

The writing had been on the wall for the NCAA since the O’Bannon decision, and they had been on a clock since the California (and then Florida) NIL bills were signed into law. The NCAA spent most of that time lobbying for legislation at the federal level to protect the amateurism model. They failed to get any movement on that front.

By the time the Alston decision came down, something like 12 states had passed NIL laws that were effective July 1, 2021. As of July 1, any public universities in these states would be required to allow NIL compensation. At that point, the NCAA was out of time. The NCAA released their “interim” NIL policy on June 30, 2021.

All of this led the NCAA to settle in the House case, which (once approved) will allow revenue sharing, change the roster/scholarship limits, etc.

There have been a bunch of additional lawsuits over the past 4-5 years related to transfer eligibility among other things, but the ones listed above are probably the most impactful on the NIL front.

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PUB

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I honestly don't understand how yall function throughout a day..

There is one word in that report that made the most sense
This is 'INSANE'.

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Amateur status is now in high school.

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There’s basically no such thing as amateur status in any endeavor now. Just like the NCAA cant enforce those rules, neither can the LHSAA or any other state association. Players’ rights supersede those rules according to the courts

Some HS athletes are over the age of 18 where they’d be subject like college athletes to the same laws allowing NIL for them

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but rather a voluntary private membership association engaged in interstate commerce).

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which describes most high school athletic organizations

I believe for the LHSAA there was a case after that established it as a “voluntary private organization” and not a “state actor”

But the carve outs specifically for intercollegiate athletes may violate the Equal Protection clause… there are 18 year old athletes at both high schools and LSU and it’s hard legally to tell one they can get NIL and tell the other they can’t.

NIL is built on the right to privacy in contracts. What it really is is a human right to accept compensation without adverse effects from a third party. All human beings should have that right, hence why non-compete clauses are a thing of the past