• The KillerFrogs

FWST: TCU athletic director ‘really nervous’ about California’s new Fair Pay to Play Act

Not if it’s outside entities paying the athletes. Title IX is the reason I’ve been screaming schools should never pay the athletes. Our tennis team would have to make as much as Max Duggan.

however if it’s outside entities it’s like the Olympics. Fuzzys asks Lucas Niang to come sign autographs for 2 hours. Then it’s on him to make sure he doesn’t miss class or practice for it and he can do it.

I’m sure there’s unintended consequences but I think it’s a great compromise. For 97% of athletes it won’t change anything but the 3% that will it’s preparing them for what life will be like as a pro balancing on the field commitments with off the field opportunities.
What’s gonna stop some Bama alum from telling a recruit he’ll pay him $100k (or more) to do an autograph signing as long as he commits to Alabama?

As it is right now, the business world is prohibited from talking to student athletes, which is at least a deterrent for about 99% of people. Even with that, the NCAA is still impotent in enforcing the rules. Imagine how hard enforcement would be if every athlete was able to look at numerous business opportunities.
 

Eight

Member
This is a dumb idea. If enacted the NCAA will have to kick those schools out. That might be the thing that breaks up the PAC 12.

break up the pac?

there is a conference in la called the trinity league that is putting out some of the very best high school football players in the country as well as other sports.

a large number of those kids are leaving so cal for the power schools, but if for example the quaterback at st john bosco could go to usc and bring in money for his family why go to clemson?

oh, play for a national title and get a degree and possibly a shot at an nfl career.

okay, but if usc can give him a chance to play in the newly formed california college league, earn some money, possibly get a degree, and still have that nfl shot the question is do i make money or do i play for a title that makes other people more money.

this thing is a risk to the ncaa as much if not more than the pac
 

Zubaz

Member
This is a dumb idea. If enacted the NCAA will have to kick those schools out. That might be the thing that breaks up the PAC 12.
Part of the bill restricts the NCAA from taking punitive action against the schools, as those schools are bound by state law. In other words, the NCAA *can't* kick them out. That would assuredly lead to a legal battle between the state and the NCAA that, at least according to some, could put the NCAA's antitrust exemption in jeopardy.

What’s gonna stop some Bama alum from telling a recruit he’ll pay him $100k (or more) to do an autograph signing as long as he commits to Alabama?
There wouldn't be anything stopping them. Quite the opposite, that's basically the whole point of the bill in the first place.
 

robbroyy

Active Member
What’s gonna stop some Bama alum from telling a recruit he’ll pay him $100k (or more) to do an autograph signing as long as he commits to Alabama?

As it is right now, the business world is prohibited from talking to student athletes, which is at least a deterrent for about 99% of people. Even with that, the NCAA is still impotent in enforcing the rules. Imagine how hard enforcement would be if every athlete was able to look at numerous business opportunities.
It will all even out because every school has those few boosters that can moneywhip kids. There’s multi millionaires in every city in the country.

SEC schools may actually lose because I have to imagine that there’s more people with money in places like Chicago, DFW and LA than there are in rural Alabama, Kentucky or Gainesville.
 

BABYFACE

Full Member
just wait until some car dealer in Houston offers a kid $200k to be his "spokesperson" as long as he is the QB at Aggie or a USC donor shells out $100k for a "speaking engagement" for an incoming RB for a meet and greet to meet the alumni.

The reality is football boosters in many schools have a lot more money to spend on attracting recruits than most people realize and this is going to get out of hand without some form of cap like a single player can't get more than $10k/year, etc.

Can you imagine how many "marketing" deals T Boone would have been willing to sign to attract a #1 recruiting class for Okie Lite if he could have done it legally and above board?

And this is the part our AD fears.
 

MCFROG III

Active Member
Is that the sound of 10 million lawyers' heavy panting on the visions of low hanging fruit in what could be looming just around the bend???

Just wonder how this attempt to plant money trees in the state renown for wildfires is going to work out.


 

Moose Stuff

Active Member
It will all even out because every school has those few boosters that can moneywhip kids. There’s multi millionaires in every city in the country.

SEC schools may actually lose because I have to imagine that there’s more people with money in places like Chicago, DFW and LA than there are in rural Alabama, Kentucky or Gainesville.

It won’t even come close to evening out.
 

Wexahu

Full Member
If the rules ever change to where college athletes are paid, no disrespect to anyone, but I'll pretty much be done being a college sports fan.

It would be interesting to see how much the money dries up if some of these proposals are instituted. We kind of already have minor league sports and they don't generate much revenue at all.
 

Moose Stuff

Active Member
If the rules ever change to where college athletes are paid, no disrespect to anyone, but I'll pretty much be done being a college sports fan.

It would be interesting to see how much the money dries up if some of these proposals are instituted. We kind of already have minor league sports and they don't generate much revenue at all.

I’m right there with you. And I’m a guy that’s fully capable of watching college football for 12-15 hours straight on a Saturday. It will end college sports as we know it on multiple levels.
 

Eight

Member
i think college sports is at a tipping point without the law.

the money being spent by some of these programs is out of control and tcu is not the only school that is struggling with attendance etc...

any body see the crowd that did or did not show up for the fsu - louisville game last weekend?

the noles have been drawing a little over 50K which isn't going to pay the bills in the long run for that program
 

Wexahu

Full Member
I’m right there with you. And I’m a guy that’s fully capable of watching college football for 12-15 hours straight on a Saturday. It will end college sports as we know it on multiple levels.

What they don't seem to understand is that the money is there BECAUSE of the system in place. Donor money is going to dry up like crazy if it goes to pay for play. And if they lose fans like me and you, god dang they are screwed because I'd go from watching football from 11:00 - midnight to literally not caring at all anymore. I would imagine ratings would absolutely tank.

Nobody cares about minor league sports and that is what it would become.
 

MAcFroggy

Active Member
Part of the bill restricts the NCAA from taking punitive action against the schools, as those schools are bound by state law. In other words, the NCAA *can't* kick them out. That would assuredly lead to a legal battle between the state and the NCAA that, at least according to some, could put the NCAA's antitrust exemption in jeopardy.


There wouldn't be anything stopping them. Quite the opposite, that's basically the whole point of the bill in the first place.

IANL, but a bunch of articles have mentioned NCAA v Miller. It pretty much states that states do not have the right to legislate the NCAA because it is interstate commerce. Here is a couple snippets from the athletic article I read. if you do not subscribe there yet, I highly recommend it. The content is great and it is easily worth the money. Some lawyers on here probably have some better insight.

https://theathletic.com/1205671/201...down-over-athlete-endorsement-money-now-what/

"The basis for such a suit would be that SB 206 interferes with interstate commerce, relying on the Commerce Clause of the U.S. Constitution, as interpreted in the Ninth Circuit Court of Appeals 1993 decision in NCAA v. Miller.
In that case, brought after the NCAA effectively compelled UNLV to punish its basketball coach, Jerry Tarkanian, for infractions of various NCAA rules, Nevada (along with three other states) enacted a statute aimed at requiring the NCAA to afford more due process protections to schools, coaches and college athletes in Nevada.
The Ninth Circuit Court agreed with the NCAA that the Nevada law imposed an unconstitutional burden on interstate commerce by preventing the NCAA from enforcing its rules uniformly in all states."

It goes on to talk about the CA might counter that by stating the state is not actually forcing the NCAA to do anything where the Miller case was forcing action by the NCAA.

It additionally talks about the O'Bannon case that specifically states the the NCAA does have the right to limit payments to athletes.

"Indeed, if a future NCAA constitutional challenge eventually were to make its way to the Ninth Circuit again, that court might point to its own prior decision in the O’Bannon case, where the court upheld the NCAA’s authority to regulate athlete NIL monies, thus providing implicit support for the NCAA’s claim that California’s NIL statute also violates the Commerce Clause."
 

Zubaz

Member
IANL, but a bunch of articles have mentioned NCAA v Miller. It pretty much states that states do not have the right to legislate the NCAA because it is interstate commerce. Here is a couple snippets from the athletic article I read. if you do not subscribe there yet, I highly recommend it. The content is great and it is easily worth the money. Some lawyers on here probably have some better insight.

https://theathletic.com/1205671/201...down-over-athlete-endorsement-money-now-what/

"The basis for such a suit would be that SB 206 interferes with interstate commerce, relying on the Commerce Clause of the U.S. Constitution, as interpreted in the Ninth Circuit Court of Appeals 1993 decision in NCAA v. Miller.
In that case, brought after the NCAA effectively compelled UNLV to punish its basketball coach, Jerry Tarkanian, for infractions of various NCAA rules, Nevada (along with three other states) enacted a statute aimed at requiring the NCAA to afford more due process protections to schools, coaches and college athletes in Nevada.
The Ninth Circuit Court agreed with the NCAA that the Nevada law imposed an unconstitutional burden on interstate commerce by preventing the NCAA from enforcing its rules uniformly in all states."

It goes on to talk about the CA might counter that by stating the state is not actually forcing the NCAA to do anything where the Miller case was forcing action by the NCAA.

It additionally talks about the O'Bannon case that specifically states the the NCAA does have the right to limit payments to athletes.

"Indeed, if a future NCAA constitutional challenge eventually were to make its way to the Ninth Circuit again, that court might point to its own prior decision in the O’Bannon case, where the court upheld the NCAA’s authority to regulate athlete NIL monies, thus providing implicit support for the NCAA’s claim that California’s NIL statute also violates the Commerce Clause."
Yeah I've been trying to keep up on it as well, and I've heard a lot of analysis for both points. As you said I think it all hinges on the argument that the states aren't compelling the NCAA to do something, but rather preventing them from taking action against member schools for following the law. Ultimately, it seems this thing is headed for court if it continues the way it's going.
 
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