Staff Reports
Congress is considering whether to regulate the “race to the bottom” in college sports as states pass increasingly lenient laws on student-athlete pay. These laws, led by California, allow students to make money through endorsement deals and sponsorships. It’s a big change in college sports, and athletes have already made millions by monetizing their name, image, and likeness (NIL).
While some celebrate this as a victory for student-athletes, others worry about the consequences. The NCAA warns that these state laws, which go against NCAA rules, create an “unlevel playing field” and threaten the idea of amateurism in college sports. The NCAA, faced with pressure from the Supreme Court and the prospect of antitrust suits, dropped its prohibition on NIL but has been unable to provide clear guidelines. Now, it’s turning to Congress for a federal solution.
Congress is weighing whether to regulate a so-called race to the bottom in college sports as states pass ever-looser laws on student-athlete pay.https://t.co/rKBP1MyQ5i
— Washington Examiner (@dcexaminer) August 25, 2023
Lawmakers have been slow to act, but there have been some proposed bills. Senators Tommy Tuberville and Joe Manchin introduced a bill that would regulate NIL deals and ban recruiting inducements. The bill would also require agents to register and establish a central database for public disclosure. While this bill has support, there are other proposals, such as one from Senator Ted Cruz, that aim to prevent student-athletes from becoming university employees and sharing in the revenue they generate.
It’s clear that there are different opinions on how to address the issue of student-athlete pay. Some proposals favor the athletics associations and protect schools and conferences from legal liability. Others empower athletes to take civil action against the NCAA and colleges that violate their NIL rights. Ultimately, Congress will need to navigate these differences and pass legislation that reconciles these concerns. If Congress fails to act, the NCAA is prepared with backup guidelines that incorporate elements of the proposed bills.
In the end, it’s crucial to strike a balance that allows student-athletes to benefit from their NIL while preserving the integrity of college sports. While it’s important to recognize the financial opportunities for these athletes, we must also consider the potential consequences of a system that puts money above all else. The debate is far from over, but hopefully, Congress can find a solution that protects the interests of all parties involved.
