Agreed in a technical sense, but practically speaking it will require the NCAA to amend its bylaws or cease to exist, which I’m completely fine with but which can easily be framed as a restriction. I don’t expect it to be dismissed on lack of standing.
If they made it only apply to public institutions, I'm not sure that there is a freedom of association argument or not.
Said differently, it’s pretty obviously targeting the NCAA, so most lack of standing arguments would appear pretextual and would likely be found as such. But I’m all for the NCAA getting destroyed, so I certainly wouldn’t mind it being that easy.
They are a bloated, monopolistic, private entity with a ton of political pull. It won't get dismissed that easily. But that is what it is. What's their challenge, that a state can't craft a law that indirectly goes against their by-laws? Pfft.
We need to get this passed now, just like Cali. Put the effective date off 4 years. But tell recruits, hey, in 4 years...
It’s pretty direct, and seems like it would apply to private schools as well: Regardless, I think this movement is inevitable, whether or not the NCAA tries to drag it out legally.
I don't like (3) and I don't like it not applying only to public schools. Written to get struck down.
This is should be very simply written: No land granted univsersiry may impose restrictions on student athletes from earning compensation for their likeness, or work to restrict student athletes from gaining monetary value similarly to non-student athletes. Done. No mention of NCAA, or anyone. And now the univsersiry has to decide to stay in whatever conference forbids that, or risk whatever the monetary penalty is by the state.
A state should have the authority to pass something like this. it is less restrictive, not more. it is asserting an individual's rights. We aren't serfs.
It is explicitly telling a private group that it can't do something. That's not allowed. That creates serfs, and removes individual rights. It should instead tell public groups that it can't do something. And then force the public group to determine whether it is associating with a group that causes the public group to break the law.
Yeah, now if the law says that a private school has to do X and Y or allow X and Y, that would be illegal. Kids don't have to go there, so they are not serfs or slaves except serfs and slaves of their own making. But the state schools most definitely fall under the jurisdiction of the State and they can tell their schools they must abide by these laws, and if that means leaving the NCAA, so be it. I believe the NCAA would best serve its own interests and get out ahead of these laws, because if they are not careful, they will suddenly find all of the big schools bolting the NCAA and forming the P5 League or something like that. But who are we kidding, this is the NCAA.