RHM 436 Social Project
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Government Involvement with NIL
Government Involvement with NIL
The University of Alabama
RHM 436-910: Trends and Social Issues in Sport and Entertainment
Professor Trevor Bopp
August 2, 2023
Government Involvement with NIL
Government Involvement with NIL
College sports are a big part of American culture – the Saturday football games, the tailgates, the fans, the rival games. It’s a phenomenon that keeps viewers coming back for more. Since college sports are a big part of our country, it tends to bring in a lot of revenue and student athletes are a big part of that. There are many collegiate athletes out there who have played their favorite sport and manage to gain many followers on their social media and in the fanbase. By these high following counts, these student athletes are able to use their fame and recognition for a lot. As of September 2019, name, image, and likeness (NIL) came into the NCAA world allowing these athletes to use their name to their advantage. At first, the concept of NIL received a lot of backlash from some people because it was looked at as a negative thing for these kids. Paying college athletes would make teams unfair, change how much effort players put into their sport, affect the amateurism of college sports, as well as influence the athlete’s willingness to participate in college sports. After a couple years of name, image, and likeness being in full effect, more people across the country have agreed with NIL being a positive thing for athletes. For instance, Bryce Young came into the University of Alabama barely having a name for himself and now he is one of the most known quarterbacks with NIL deals left and right. Though, just because it went smoothly for Bryce Young doesn’t mean there aren’t concerns about NIL. Recently, the federal government has been trying to step in with NIL and college athletes, trying to regulate the process. There have been quite a few bills introduced and drafted to the NCAA but nothing set in stone. The government stepping in is a very controversial move seeing half of the nation thinks we need them to step in and regulate, while the other half thinks we have been on the right track without them so far.
Government Involvement with NIL
With the recent events of the federal government trying to step in, I would not see this so much as an issue because it seems to be a great idea for the most part. One thing that stuck out to
me the most while the NCAA pushes for federal NIL legislation was that there needs to be a designation that student-athletes are not employees of their schools, conferences, or the NCAA. This is very important because student-athletes often forget they are students first. These kids tend to push off school and put their focus into their sport instead which is not a positive track. Another thing that stuck out to me while doing my journal was the transfer portal rule – student athletes would have to complete their first three years of academic eligibility before being allowed a penalty-free transfer. The only exceptions include the death of a family member, the departure of the athlete’s head coach, or the departure of the athlete’s primary position coach. So,
for the most part with the federal legislation, it will be a positive thing for the student aspect, but it may slow down the athlete aspect. If we were to look at this from the legislations, or even the publics, point of view, it would be as easy to say, “it would make college athletics fairer, safer, and empower more young people to succeed in sports and beyond that.” Just so that it does not end up being a pay-for-play within the college athlete world or a bribery from whatever school can give the most money. In one of the drafted bills on NIL, the government has put together a few points which include: Athletes would keep their scholarships until they finish their undergraduate degrees as long as they remain in good academic standing and do not transfer, schools would be required to provide
athletes with at least 15 hours a year of financial literacy and life skills training that would count as college credits, schools would be forbidden from discouraging athletes from choosing rigorous academic majors, college athletes could enter drafts by professional leagues without losing their NCAA eligibility if they decide to return to school within seven days of the end of
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Government Involvement with NIL
the draft, and a medical trust fund for sports-related injuries would be developed, with schools obligated to cover athletes’ out-of-pocket medical expenses for two or four years, depending on the school’s athletics revenue. These points would have a positive effect on NCAA athletes in maintaining their status as a student. Since this is all very new to the world of college sports, there has not been much change yet. If the laws that have been drafted were to be passed by the legislation, I could see this changing the NCAA and NIL completely. With one law recently passed, it requires student athletes to complete two financial literacy, life skills, and entrepreneurship workshops before they graduate. This seems to be a law that will keep student athletes on the right track and will also look good on the college or university. As I mentioned before, the transfer portal section of the PASS Act of 2023 is a very different approach. This section on the law has been drafted due to the coaching staff reaching out to other players from different schools. It is no secret that coaches will go out of their way to get the best players in the nation on their team. They contact players in or out of season to win them over and bring them to their school simply because its business and they want to bring in more money for the school. With this law set in place, players now have to stay at their school for three academic years before they are able to transfer out penalty-free. I believe this will change a lot of perspectives, leaving a big impact on the sport industry. The NCAA’s NIL rules allow student-athletes to be compensated through advertisements and endorsements. Some college athletes believe it is a step in the right direction like Florida Gators gymnast Leah Clapper. Lead said, “
Being able to have your school and your coaches on your side is a huge weight lifted off and can have some really positive impacts for a lot of athletes.” In my opinion, this is a good thing till your coaches and/or school are not on the same
Government Involvement with NIL
page as you. It is understandable that involving your coaches may be better for the student athlete, but, if there is a time where they are on different sides then it will just become more complicated. If we are looking at it in a positive standpoint, there are multiple opportunities where your coaches will have your back and support you through it. With these new laws drafted
and may eventually be passed, it would potentially pave a new way for new athletes. With all of these new laws drafted, it still remains to be seen whether and how NIL will be legislated at the federal level. This has not only impacted the future for student athletes, but for any sport industry college student as well. For instance, I am studying to go into this industry and if these bills are to be passed through, then it will impact the way I engage with sports from here on out. I will have to study the new rules if I choose to work within the NCAA, but it does not change my overall engagement with sports. All in all, the federal government standing in and
regulating NIL in the NCAA may lead to a better, stronger foundation for future student athletes and even for sport industry employees.
Government Involvement with NIL
References
Associated Press. (2023, June 8). NCAA made a “Big mistake” by not setting up framework for NIL compensation, new president says. US News & World Report
. https://www.usnews.com/news/sports/articles/2023-06-08/ncaa-made-a-big-mistake-by-
not-setting-up-framework-for-nil-compensation-new-president-says
Dailey, R. - News Service of Florida. (2023, July 28). College athlete pay continues to evolve following laws passed in Florida and other states. WUSF Public Media
. https://wusfnews.wusf.usf.edu/sports/2023-07-27/college-athlete-pay-continues-evolve-
following-laws-passed-florida-other-states
Henson, S. (2023, July 20). Senators release draft of bill addressing college NIL reform - Los Angeles Times. Los Angeles Times
. https://www.latimes.com/sports/story/2023-07-20/nil-
bill-reform-college-sports-senators
Holsinger, R. (2023, July 26). Manchin: NIL legislation to ‘maintain integrity of collegiate sports.’
WBoy. Retrieved July 26, 2023, from https://www.wboy.com/sports/manchin-nil-
legislation-to-maintain-integrity-of-collegiate-sports/ Nsouli, E. (2022, July 13). How US federal and state legislatures have addressed NIL | Sports shorts
. Sports Shorts. https://www.sports.legal/2022/07/how-us-federal-and-state-
legislatures-have-addressed-nil/
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Government Involvement with NIL
Prisbell, E. (2023, July 26). Examining the NCAA’s aggressive push for federal NIL laws. On3
. https://www.on3.com/nil/news/ncaa-aggressively-pushes-for-federal-nil-bill-corey-
booker-lindsey-graham-tommy-tuberville-joe-manchin/