NCAA prepared to sue CA over “unconstitutional” name, likeness bill

soxhop411

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Dec 4, 2009
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NCAA is an awful organization part ♾️

The NCAA responded to the California State Assembly's passage of a bill that would allow college athletes to more easily make money off their own name, image and likeness starting Jan. 1, 2023, by sending a letter to Gov. Gavin Newsom (D) on Wednesday that says if the bill becomes law, it "would result in (schools) being unable to compete in NCAA competitions" and would be "unconstitutional."
Reference to the bill's legality signals the NCAA's potential willingness to sue California under the commerce clause of the U.S. Constitution, which says that only Congress has the power to regulate commerce among states.

The letter is signed by every member of the NCAA Board of Governors, the association's top policy- and rules-making group.

In an interview with USA TODAY Sports, Ohio State President Michael Drake, who chairs the board of governors, confirmed that the association would consider legal action if the bill becomes law.
“We’ve looked at this very, very carefully and it does raise constitutional challenges," Drake said, "so that’s something that would be looked at … yes.”


The letter said: "If the bill becomes law and California’s 58 NCAA schools are compelled to allow an unrestricted name, image and likeness scheme, it would erase the critical distinction between college and professional athletics and, because it gives those schools an unfair recruiting advantage, would result in them eventually being unable to compete in NCAA competitions."

This is a bunch of hogwash. The NCAA since its founding has been profiting off its athletes. and now that these players might get a chance at a share of the pie they claim it’s unconstitutional? Be better NCAA. You wouldn’t exist without these players
 

axx

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Jul 16, 2005
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I don't know about constutionality, but the bill would wreck the NCAA as a non-profit entity.
 

berniecarbo1

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Isn't this what Ed O'Bannon's case was all about?


If this become's law, is there any need for the NCAA? The P5 and power basketball schools will peel off and become their own entity. The existence of the NCAA is at stake here. Can't say I feel sorry for them. Too many people are profiting off of college athletes and making really handsome incomes as a result. It is a case of readjusting the income distribution of the product on the field/court/ice. All for this bill. Let's see the NCAA win this fight in the 9th Circuit. Good Luck.
 

Humphrey

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Aug 3, 2010
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So would that mean 54 out 58 California schools would be against this legislation... because there are only 4 P5 schools in California? It's fair to those elite athletes for sure but does anyone else benefit?
 

Average Reds

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So would that mean 54 out 58 California schools would be against this legislation... because there are only 4 P5 schools in California? It's fair to those elite athletes for sure but does anyone else benefit?
Given that the law doesn't take effect until 1/1/23, I'd say that those 54 schools are mostly indifferent. Because the reality is that this will all shake out well before the law actually goes into effect.

One possible outcome is that the NCAA - if it is to survive at all - will actually be forced to reclaim it's original mission and work to promote the well-being of student-athletes outside of the P5 conferences. Of course, there's not a lot of $$$ in that, so they're going to fight like hell to avoid that fate.

The ironic humor of the NCAA taking to the fainting couch to decry legislation that may "erase the critical distinction between college and professional athletics" is off the charts.