College Athlete Sponsorship Bill Bolstered By SCOTUS Decision

By Greg Bishop, The Center Square:

Monday’s U.S. Supreme Court ruling against the NCAA doesn’t allow college athletes to get private sponsorships, but it’s likely to bolster Illinois’ effort.

State Rep. Kam Buckner, D-Chicago, recently explained his bill allowing college athletes in the state to get paid sponsorships.

“Generally it allows student-athletes in Illinois to earn market-value compensation for the use of their name, image and likeness, or voice,” Buckner said.

Senate Bill 2338 is now on the governor’s desk.

The proposal is a different issue than what was addressed in Monday’s U.S. Supreme Court decision. That decision said the NCAA wrongly limited what additional compensation schools can provide student-athletes.

"Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate," Justice Brett Kavanaugh wrote in a concurring opinion. "And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law."

Indiana University sports media professor Galen Clavio told WMAY Monday’s decision only impacts the NCAA’s prohibition of schools giving extra benefits to student-athletes beyond scholarships.

“That’s an area that can be easily reinterpreted to whatever the school is willing to give,” Clavio said.

That can range from goods like computers to services like social media monetization.

The high court’s decision is likely to bolster Illinois’ proposal.

“The states that went ahead and decided to pass laws, whether it is name, image and likeness laws, or what’s going on in Illinois right now, are actually going to put the schools in their states in a better position overall,” Clavio said.

States that allow name, image and likeness sponsorships will have a competitive advantage of attracting star players over states that don’t, he said.

Buckner’s bill in Illinois isn’t carte blanche. It does prohibit endorsements for certain sectors.

“This would be alcohol and tobacco, cannabis, sports betting, gaming, and things that fall into those categories,” Buckner said. “I think there are about nine things that we ban those folks from being able to endorse.”

Senate Bill 2338 is now on the governor’s desk.

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