Court enjoins NCAA rules, allows booster groups to pay recruits

mauf

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The states of Tennessee and Virginia successfully obtained an injunction that blocks NCAA rules against players receiving NIL from third-party collectives, such as booster groups. I didn’t find a link to the court’s decision online, but from this article, it appears to be a nationwide injunction.

https://www.usatoday.com/story/sports/ncaaf/2024/02/23/ncaa-nil-rules-tennessee-lawsuit-judge-injunction/72716725007/


Edit: Found a link to the opinion.

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2024/pr25-18.pdf
 
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mauf

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The opinion isn’t worth your time. Tl;dr version: the plaintiffs are likely to win the case because the NIL restrictions at issue appear to violate the antitrust laws, and the other requirements for injunctive relief are satisfied. Very vanilla.

The NCAA needs to find a path to an expedited appeal if they’re going to continue to fight this.
 

DJnVa

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Allowing booster groups to pay is going to widen the already huge divide between the top few schools and everyone else.

Although it'd be awesome if some random school like WKU had some multi-billionaire alum and started making it rain.
 

InstaFace

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Allowing booster groups to pay is going to widen the already huge divide between the top few schools and everyone else.

Although it'd be awesome if some random school like WKU had some multi-billionaire alum and started making it rain.
Oregon (Phil Knight) and Oklahoma State (T. Boone Pickens, though he died in 2019 so he's probably not writing any more checks) immediately come to mind. I'm sure there are enough others to occasionally make it interesting. Billionaires can't easily get into and out of owning a professional sports team, but they can drop into the college scene to, almost whimsically, immediately spend their school into recruiting to contention in their sport of choice. And for what it would take to buy an FBS championship, you could probably buy 100 titles in sports beyond men's basketball and football. How many of the nation's top-10 recruits would you need for 2 or 3 years to have an odds-on-favorite women's volleyball team, for example? Not to mention that throwing money at recruits doesn't come with heavy vetting of your finances and long-term commitment, either. Doesn't matter how unsavory your means of making your fortune were - if your checks clear, the next Cam Newton will go to the highest bidder.

I'm increasingly of the opinion that the only way the NCAA maintains any semblance of competitive balance is to allow the football and basketball players to unionize and then agree to a collective bargaining agreement that sets limits on outside money - but also stipulates paying all the players a meaningful amount of money. Then it would just remain to be seen which other sports could talk their way into the conversation. Hockey? Baseball? Depends on the TV contract size, I suppose.
 

Greg29fan

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If Warren Buffett gets carte blanche to start paying players, Nebraska football will be back real quick.
 

Average Reds

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I'm increasingly of the opinion that the only way the NCAA maintains any semblance of competitive balance is to allow the football and basketball players to unionize and then agree to a collective bargaining agreement that sets limits on outside money - but also stipulates paying all the players a meaningful amount of money. Then it would just remain to be seen which other sports could talk their way into the conversation. Hockey? Baseball? Depends on the TV contract size, I suppose.
I like your suggested changes. However, given the judge’s ruling, I just don’t see the NCAA having to kind of leverage it would need to negotiate that kind of structure.

I have no idea what college football/basketball looks like in five years or whether the NCAA even has a role in the governance of those sports.
 

axx

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I like your suggested changes. However, given the judge’s ruling, I just don’t see the NCAA having to kind of leverage it would need to negotiate that kind of structure.
At this point it's likely up to Congress. Unless they do something, the Wild West is the only thing that would be legal.
 

joe dokes

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At this point it's likely up to Congress. Unless they do something, the Wild West is the only thing that would be legal.
The D1 sports factories, their king/ruler/deity coaches and their various sleazy hangers-on made this mess. Let them clean it up.
 

canderson

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I like your suggested changes. However, given the judge’s ruling, I just don’t see the NCAA having to kind of leverage it would need to negotiate that kind of structure.

I have no idea what college football/basketball looks like in five years or whether the NCAA even has a role in the governance of those sports.
My theory: the ncaa walks away from first league CFB and focused on basketball and the tournament. Football is out of the barn and they’re already irrelevant, might as well make it official quickly instead of letting it drag out.
 

InstaFace

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My theory: the ncaa walks away from first league CFB and focused on basketball and the tournament. Football is out of the barn and they’re already irrelevant, might as well make it official quickly instead of letting it drag out.
Hasn't it been dragging out since NCAA v Board of Regents in 1984? That's when they lost the previously claimed ability to dictate TV contracts. They hang on like grim death.
 

Comfortably Lomb

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Great outcome. Anything that allows the athletes to seize more of the money in college sports. Competitive balance? Who cares. If some billionaire wants to give Ferraris, yachts, and a private island for every Alabama football player let them.
 

Average Reds

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Truth! I think the rapid change now forces their hand. It should, at least.
The NCAA is on the cusp of losing their ability to “control” player eligibility, which is the only reason they are relevant in football. Once that’s gone, they are finished.

Basketball is a different story, because their ownership of March Madness gives them considerable leverage. So maybe they do what you suggested earlier and make that their focus.

Edit: That said, @InstaFace is right about the NCAA. They hold on to power like Sumner Redstone on a windowsill. So maybe it’s foolish to write them off.
 

grsharky7

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Great outcome. Anything that allows the athletes to seize more of the money in college sports. Competitive balance? Who cares. If some billionaire wants to give Ferraris, yachts, and a private island for every Alabama football player let them.
I gotta say I disagree on this one, just seems like college sports are driving faster towards the cliff. I agree that when the revenue exploded for networks, coaches, and schools it was unfair that the athletes were told to be happy with tuition and rooms. College football was so unique and now it's all about power and money and what school goes where. All of this has sucked a lot of fun out of it, I know it has for me.

What's going to happen to the basketball tournament when the BIG and SEC go do their own thing? Are we going to have two tournaments? That seems a lot like the PGA and LIV, two different entities that are subpar because of greed.
 

67YAZ

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At this point it's likely up to Congress. Unless they do something, the Wild West is the only thing that would be legal.
The political geography might make a bill happen (with the caveat that Washington is a clusterf%@* & even things that really should happen aren’t happening): Republicans from SEC, Big 12, & Big 10 country will want to save the competitive fates of their universities’ football programs and Democrats, who are often more engaged in higher ed issues, can also portray themselves as fighting for the players (labor).

It will take an act of Congress because universities are battling to preserve the tax benefits currently generated by intercollegiate sports - namely, student-athletes generate (mostly) tax free revenue because their activities are deemed within the mission of the university while paying employees to play sports on your behalf would be a whole different venture.

The rules around this are embedded in the tax code, accreditation standards, state laws, etc. It’s a very complicated system that has evolved into a very particular behemoth. It’s exactly the kind of issue that Congress is best positioned to act on comprehensively - allow athletes to organize, rewrite relevant tax & accreditation rules, and throw in a host of other necessary updates. (The Higher Ed Act hasn’t been updated 2008, so there will be many stakeholders who’d want to append updates to a timely, high profile bill: Title IX, student loans, rules on for-profit schools, outcome reporting, etc.)

In the absence of legislation, these court cases are going to keep jolting the system in unpredictable, impossible to manage ways for the universities. And it’s going to cost a helluva lot more than a heavy lobbying effort in DC.
 

JimD

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Just like the MBTA during his governorship, Charlie Baker is going to leave the NCAA far worse off than it was when he arrived. Maybe he's done a lot of good behind the scenes that I've missed hearing about, but Baker seems like the very definition of an 'empty suit'.
 

BaseballJones

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I gotta say I disagree on this one, just seems like college sports are driving faster towards the cliff. I agree that when the revenue exploded for networks, coaches, and schools it was unfair that the athletes were told to be happy with tuition and rooms. College football was so unique and now it's all about power and money and what school goes where. All of this has sucked a lot of fun out of it, I know it has for me.

What's going to happen to the basketball tournament when the BIG and SEC go do their own thing? Are we going to have two tournaments? That seems a lot like the PGA and LIV, two different entities that are subpar because of greed.
You really can't legitimately claim to have a football champion if the Big Ten and SEC are doing their own thing. But for men's basketball, different story. Only 2 of the top 10 teams in the country right now are either Big 10 or SEC schools (Purdue and Tennessee).
 

Ale Xander

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You really can't legitimately claim to have a football champion if the Big Ten and SEC are doing their own thing. But for men's basketball, different story. Only 2 of the top 10 teams in the country right now are either Big 10 or SEC schools (Purdue and Tennessee).
And those two are far from (men’s) blue bloods, too
Purdue hasn’t made a Final Four in over 40 years (and zero titles) and Tennessee never.

However, SEC(and B1G-Indiana Michigan State UM) has to be part of any championship (Kentucky , Florida. Arkansas etc)
 

grsharky7

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You really can't legitimately claim to have a football champion if the Big Ten and SEC are doing their own thing. But for men's basketball, different story. Only 2 of the top 10 teams in the country right now are either Big 10 or SEC schools (Purdue and Tennessee).
Exactly, the whole thing is sad and driven by greed. I'm sure if you're a fan of a blue blood in the SEC or BIG you don't really mind, but for everyone else it sucks. So much uncertainty about something that millions of people love. Schools, networks, conferences, coaches, and players are raking in the money but it's the fans that are left holding the bag. Donate more to your school's athletic department, NIL collective, pay for numerous channels or services to see games, spend more and more for the game day experience. At what point do the fans say "to hell with it:" and start to stop feeding the beast?
 

Saints Rest

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Let’s assume for a minute that some years from now — 3, 5, 15, doesn’t matter much — college football and basketball become their own entities outside off NCAA jurisdiction. What becomes of all the other sports that draw their lifeblood (ie funding) from the enormous windfalls that come from the two 9000lb gorillas?
Will all other sports, including women’s sports, become non-scholarship programs existing at the levels of the Ivy League or Division 2 or 3?
 

axx

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Let’s assume for a minute that some years from now — 3, 5, 15, doesn’t matter much — college football and basketball become their own entities outside off NCAA jurisdiction. What becomes of all the other sports that draw their lifeblood (ie funding) from the enormous windfalls that come from the two 9000lb gorillas?
Will all other sports, including women’s sports, become non-scholarship programs existing at the levels of the Ivy League or Division 2 or 3?
Could even go away entirely. For sure they will be gone if forced to pay non-revenue sports players.