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NIL saga: AGs of Georgia, Alabama, Arkansas, Mississippi, SC file brief in support of NCAA
Posted on 2/11/21 at 11:42 am
Posted on 2/11/21 at 11:42 am
quote:
Dennis Dodd
@dennisdoddcbs
The attorneys general of Montana, Mississippi, Georgia, South Carolina, Ark, Ala, North Dakota & South Dakota have filed an amicus brief supporting the NCAA in the Supreme Court case. Says Ninth Circuit ruling "threatens serious harm to collegiate sports."
Brief of Supporting Petitioners (PDF)
10:47 AM · Feb 11, 2021
Background
quote:
Congress is considering multiple bills that would grant college athletes the right to earn money off the use of their name, image and likeness, known as “NIL.” Five states already have passed legislation addressing athlete endorsements, and more than two dozen others are considering bills.
The opinion issued May 18 by a three-judge panel in the United States Court of Appeals for the Ninth Circuit upheld a district court’s decision saying the NCAA can’t place restrictions on the education-related benefits available to athletes playing in Division I Football Bowl Subdivision or Division I men’s or women’s basketball.
The general trend is clear and it points toward greater opportunities for student-athletes to receive greater benefits, whether in the form of education-related benefits from their university or NIL compensation from third parties.
The justices accepted a petition from the NCAA defending its restrictions on compensation for some college basketball and football players, which could have major implications for the way college sports is governed and the authority granted to the NCAA.
The NCAA, along with the major college sports conferences, asked the justices to review the decision by the Ninth Circuit, which said the rules were anti-competitive.
While the Supreme Court won’t necessarily be hearing NIL arguments, the antitrust case is a related issue that strikes directly at the NCAA’s power and authority.
Jeffrey Kessler, a prominent sports labor lawyer and frequent NCAA opponent, said in an emailed statement: “We look forward to the Supreme Court reaffirming that the antitrust laws apply to the big business of Division I basketball and FBS football with full effect and that the era of athlete exploitation at our biggest colleges and universities must come to an end.”
States' Petition (defending the NCAA)
quote:
This ongoing public debate about the best way forward for the complex issue of student-athlete compensation has been sidelined by a single federal district court in California. Rather than let that debate play out, their decisions have effectively installed a single federal judge as the sole referee of college amateurism rules, imposing heavy costs — both monetary and opportunity — on the States and their institutions of higher education.
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The Ninth Circuit and the district court ruled that the NCAA would have to prove that every aspect of their amateurism regulations were entirely necessary to further pro-competitive benefits. That standard ensures that any attempt at regulation will be subject to endless challenges. And they intend for a single district court in California to decide NCAA policy for all the relevant stakeholders, most of whom had no voice during this litigation. The better path is comprehensive, national regulation that can better account for all the interests at stake.
quote:
Schools fund college athletics because they benefit students, communities, and states, not because they are a money-making endeavor.
Yet the courts considered neither the benefits that flow from amateur college athletics to all involved, nor the tremendous costs that will be necessarily, forcing schools to choose between either spending more on their athletic department — which for most schools is already funded by student fees and university support — or cutting sports.
In break-even programs, revenue-producing sports — like football and basketball — provide funding for non-revenue sports. If revenue dips or expenses increase, these non-revenue sports are the first on the chopping block.
Posted on 2/11/21 at 11:45 am to paperwasp
fricking lawyers...
BTW, can we round up all the lawyers and "journalists"...
BTW, can we round up all the lawyers and "journalists"...
This post was edited on 2/11/21 at 11:47 am
Posted on 2/11/21 at 11:46 am to paperwasp
Explain this to me like I’m a Mississippi State fan
Posted on 2/11/21 at 11:47 am to paperwasp
anything from the Peoples Republic of Kalifornia is a F joke.
Posted on 2/11/21 at 12:09 pm to paperwasp
quote:
This ongoing public debate about the best way forward for the complex issue of student-athlete compensation has been sidelined by a single federal district court in California. Rather than let that debate play out, their decisions have effectively installed a single federal judge as the sole referee of college amateurism rules, imposing heavy costs — both monetary and opportunity — on the States and their institutions of higher education.
In typical California fashion.
quote:
The opinion issued May 18 by a three-judge panel in the United States Court of Appeals for the Ninth Circuit upheld a district court’s decision saying the NCAA can’t place restrictions on the education-related benefits available to athletes playing in Division I Football Bowl Subdivision or Division I men’s or women’s basketball.
So does this mean small schools will continue to get murdered by the big schools?
This post was edited on 2/11/21 at 12:13 pm
Posted on 2/11/21 at 12:35 pm to Hailstate15
quote:
Explain this to me like I’m a Mississippi State fan
A California court ruled that athletes have a right to more "educational" based benefits, and that the NCAA can't stop schools from giving it to them.
The NCAA said, "Nuh-uh, what you're saying creates a pay-for-play system. A school could buy a car for a football recruit who wants to live off campus, and say it's for 'education,' because he has to drive to class. We'd rather figure out how to compensate players ourselves, because y'all don't understand the foundations of amateurism, plus y'all suck at football."
Today several states in the SEC footprint chimed in with, "Yeah dog, that shite is whack, our schools need to have more say in this before they take over how college sports works. frick California."
Posted on 2/11/21 at 12:37 pm to paperwasp
Pay the players. If the NCAA is worried about it getting out of hand, create a framework and cap the benefits.
Posted on 2/11/21 at 12:39 pm to paperwasp
I don't want to see kids get exploited.
I also don't think these kids ARE getting exploited. At least not on the financial side, not really; otherwise you could make the argument that anyone who becomes famous and a town or school that references them is exploiting them.
"Come to the University of X, where famous actress graduated from!"
"Strike that, we just got a cease and desist..."
I also don't think these kids ARE getting exploited. At least not on the financial side, not really; otherwise you could make the argument that anyone who becomes famous and a town or school that references them is exploiting them.
"Come to the University of X, where famous actress graduated from!"
"Strike that, we just got a cease and desist..."
Posted on 2/11/21 at 12:59 pm to skrayper
There is zero argument for an adult to not make money on his/her likeness. It is actually impressive the NCAA has lasted this long under their current structure. Hopefully the NCAA loses, and we finally get a super conference.
Posted on 2/11/21 at 1:04 pm to paperwasp
quote:
"plus y'all suck at football."
Posted on 2/11/21 at 1:04 pm to bigDgator
quote:
BTW, can we round up all the lawyers and "journalists"...
Everyone hates a lawyer until they need one
Posted on 2/11/21 at 1:33 pm to paperwasp
The AGs opinions matter no more than a guy working at Waffle House.
The NCAA days of ruling with an iron fist are coming to an end.
For years they have overstepped their boundaries. I hope it is a miserable ending for the NCAA they deserve it.
How does a group get away with telling a public funded University on who to admit and who not to admit. NCAA is a racist organization.
The NCAA days of ruling with an iron fist are coming to an end.
For years they have overstepped their boundaries. I hope it is a miserable ending for the NCAA they deserve it.
How does a group get away with telling a public funded University on who to admit and who not to admit. NCAA is a racist organization.
Posted on 2/11/21 at 1:37 pm to Old Hellen Yeller
quote:
Pay the players. If the NCAA is worried about it getting out of hand, create a framework and cap the benefits.
You need to think this over very carefully before you support players getting compensated for their likenesses. What you will see are schools in big market cities will start getting the best players. You will see schools based in and around Los Angeles, New York, Chicago, Dallas, Houston etc will be able to give the pitch that their TV and media centers will make it much easier for the athlete to get contracts promoting their likenesses.
Can they put a cap on the amount. Sure. And I'm sure nobody would exceed the caps, since all the schools are so intent on following the rules by the letter.
Posted on 2/11/21 at 1:51 pm to DawgsLife
Players no matter what players are not going to Chicago to play.
Posted on 2/11/21 at 2:02 pm to paperwasp
quote:
A California court ruled that athletes have a right to more "educational" based benefits, and that the NCAA can't stop schools from giving it to them.
The NCAA said, "Nuh-uh, what you're saying creates a pay-for-play system. A school could buy a car for a football recruit who wants to live off campus, and say it's for 'education,' because he has to drive to class. We'd rather figure out how to compensate players ourselves, because y'all don't understand the foundations of amateurism, plus y'all suck at football."
Today several states in the SEC footprint chimed in with, "Yeah dog, that shite is whack, our schools need to have more say in this before they take over how college sports works. frick California."
Thank you, my apologies for being a Mississippi State fan
Posted on 2/11/21 at 2:08 pm to paperwasp
quote:
district court’s decision saying the NCAA can’t place restrictions on the education-related benefits available to athletes playing in Division I Football Bowl Subdivision or Division I men’s or women’s basketball.
how is profiting from marketing your likeness an "education related benefit"? That has nothing to do with education.
Posted on 2/11/21 at 2:10 pm to AUCE05
quote:
There is zero argument for an adult to not make money on his/her likeness. It is actually impressive the NCAA has lasted this long under their current structure. Hopefully the NCAA loses, and we finally get a super conference.
It doesn't really matter if you think the NCAA has a good reason. They're a private non-profit organization. Every NCAA bylaw is voted on by the member schools. The athletes to play in NCAA sanctions sports at these schools sign up for it willingly. For the federal government to tell any private organization what they can and can't do is a major overstep. A decision forcing them to let athletes get paid sets a dangerous precedent for the government to dictate the bylaws of other private businesses. Is that what you want? Big brother telling you what you can and can't do?
Posted on 2/11/21 at 2:12 pm to GulfCoastOutlaw
quote:
How does a group get away with telling a public funded University on who to admit and who not to admit.
They don't. They tell players who is eligible to play and who isn't. The schools are free to admit anyone they choose to their universities.
quote:
NCAA is a racist organization.
holy giant leap batman
Posted on 2/11/21 at 2:14 pm to rockiee
quote:
Everyone hates a lawyer especially when they need one
fify
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