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What is the LA law related to HS NIL money?

Posted on 12/19/23 at 10:34 am
Posted by NotaStarGazer
Member since Dec 2023
2054 posts
Posted on 12/19/23 at 10:34 am
This may end up being huge in TX HS circles. Gov Abbott just signed a law (29 other states have done this also) saying that high school players can NOT get any NIL/other compensation during their HS careers. Obviously, editorial columns are already coming out saying to expect an outflow of good TX HS players to states that allow players to have NIL deals while in HS.

Does anyone know what the law in Louisiana is regarding this?
Posted by Finch
Member since Jun 2015
3533 posts
Posted on 12/19/23 at 10:38 am to
I know there were some highschool athletes in LA who got NIL money last year.

There was a wrestler at Brother Martin who was the first highschool NIL recipient in Louisiana
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
25887 posts
Posted on 12/19/23 at 10:43 am to
Louisiana didn't pass a law, to my knowledge, regarding HS NIL. The Louisiana High School Athletic Association simply voted to allow it.
Posted by eetiger
Baton Rouge via Eunice
Member since Mar 2006
1818 posts
Posted on 12/19/23 at 10:44 am to
I can't imagine needing an agent at 17 years old.
Posted by Got Blaze
Youngsville
Member since Dec 2013
9497 posts
Posted on 12/19/23 at 10:55 am to
I want to agree with the Gov. because this entire NIL is totally out of control. However, this will eventually get shot down and reversed just like the O'Bannon Supreme Court ruling. Regardless of one's age, the Gov (and other States) are discriminating against HS kids from making money based on the Name, Image, and Likeness.

Hypothetically speaking .... if a 16-year-old HS phenom (in any sport) wants to make replica jerseys and sell them to his fans, shouldn't he be able to capitalize on his NIL and make money ? Granted this was the original intent of O'Bannon vs. the NCAA. However, there are no NCAA rules governing NIL and it's the wild wild West. Basically, pay to play, professional sports at the amateur level.
Posted by MOT
Member since Jul 2006
29458 posts
Posted on 12/19/23 at 11:02 am to
quote:

However, there are no NCAA rules governing NIL
Yes there are, they’re just extremely limited in scope thanks to the courts and impossible to enforce unless a business and player are dumb enough to put in writing that their agreement is entirely based on the player attending a specific school.
Posted by Croozin2
Somewhere on the water
Member since Dec 2004
3237 posts
Posted on 12/19/23 at 11:20 am to
quote:

if a 16-year-old HS phenom (in any sport) wants to make replica jerseys and sell them to his fans, shouldn't he be able to capitalize on his NIL and make money ? Granted this was the original intent


And therein lies the problem. We have wandered far away from the original intent.
Posted by Curtis Lowe
Member since Dec 2019
1503 posts
Posted on 12/19/23 at 11:30 am to
quote:

I want to agree with the Gov. because this entire NIL is totally out of control. However, this will eventually get shot down and reversed just like the O'Bannon Supreme Court ruling. Regardless of one's age, the Gov (and other States) are discriminating against HS kids from making money based on the Name, Image, and Likeness.




The Supreme Court never heard arguments nor did it ever issue a ruling in O'Bannon v. NCAA. The USSC refused the case.

Marquette Law article on case

quote:

"Despite requests by both parties, the United States Supreme Court refused to grant a writ of certiorari in O'Bannon v. NCAA, the first federal appellate court decision holding that an NCAA student-athlete eligibility rule violates section 1 of the Sherman Act."
Posted by nicholastiger
Member since Jan 2004
50629 posts
Posted on 12/19/23 at 12:00 pm to
Sampson did while at chs
Posted by Curtis Lowe
Member since Dec 2019
1503 posts
Posted on 12/19/23 at 12:03 pm to
quote:

Yes there are, they’re just extremely limited in scope thanks to the courts and impossible to enforce unless a business and player are dumb enough to put in writing that their agreement is entirely based on the player attending a specific school.


The courts have had nothing to do with NIL. NIL was allowed by the NCAA by-law, by vote of the member Universities and Colleges. This "mess" is 100% the creation of the NCAA whose by-laws state a school must adhere to the NIL laws of the state in which it is domiciled. Laws passed in California and other states allowing NIL compensation for student-athletes may have forced the issue with the NCAA, but this mess was a creation of the NCAA on the heels of allowing a penalty free transfer.

FYI:

"Courts" including the USSC did not dictate the creation of NIL.

"Courts" including the USSC have not ruled on NIL because the issues has not been brought before the "Courts".

Posted by LifeAquatic
Member since Dec 2019
1976 posts
Posted on 12/19/23 at 12:13 pm to
quote:

Gov Abbott just signed a law (29 other states have done this also) saying that high school players can NOT get any NIL/other compensation during their HS careers.


Jesus christ people really just come on here and spew random arse shite without having the slightest idea what they're talking about.


1) The texas legislature is not even in session. The legislature passed its most recent NIL legislation in May 2023, which Abbott signed on June 10th and went into effect on July 1st. That legislation has nothing to do with HS athletes.


2) Texas has prohibited HS athletes from receiving NIL payment since 2021.


3) You have it flipped. ~30 states (33 I believe, is the most up-to-date number) DO allow for high school athletes to monetize their NIL (including Louisiana).


4) It is likely that certain components of many of the state laws that ban NIL payment to HS athletes will be struck down in court.
This post was edited on 12/19/23 at 12:14 pm
Posted by MOT
Member since Jul 2006
29458 posts
Posted on 12/19/23 at 12:25 pm to
quote:

NIL was allowed by the NCAA by-law, by vote of the member Universities and Colleges.
After the Alston Surpreme Court ruling which stated they couldn’t even limit educational benefits. They had no chance of winning any case they would have brought against the states who had passed, and were passing, NIL legislation.

The NCAA knew all along this would be a total shite show which is why their rules were always so restrictive. They have no grounds to limit NIL, there’s no putting the toothpaste back in the tube.
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