NY Times Article = How do top high school football stars feel about NIL figures, transfer portal? Recruiting confidential

[GTHomer]

I found this article interesting to hear the perspectives of high school players regarding Nil.

How do top high school football stars feel about NIL figures, transfer portal? Recruiting confidential

Did recruits take the biggest offer? Are coaches honest about their intentions with the portal? Which schools have the best food?

www.nytimes.com

 

[roadkill]

I found this article interesting to hear the perspectives of high school players regarding Nil.

How do top high school football stars feel about NIL figures, transfer portal? Recruiting confidential

Did recruits take the biggest offer? Are coaches honest about their intentions with the portal? Which schools have the best food?

www.nytimes.com

Most interesting to me were the couple of mentions about Kirby being the only coach they met with who handled NIL discussions directly.
Probably because that’s an (unenforced) rule violation.

 

[jojatk]

Most interesting to me were the couple of mentions about Kirby being the only coach they met with who handled NIL discussions directly.
Probably because that’s an (unenforced) rule violation.

Kemp signed an executive order on September 17, 2024 saying: "neither the NCAA, an athletic conference, nor any other organization with authority over intercollegiate athletics shall take any adverse action against a postsecondary educational institution in the State of Georgia for such institution facilitating compensation, offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete's NIL; provided, however, that no postsecondary educational institution shall use funds allocated by the State of Georgia for such compensation."

So Kirby is allowed to do that as is Brent at the moment.

 

[cpf2001]

Kemp signed an executive order on September 17, 2024 saying: "neither the NCAA, an athletic conference, nor any other organization with authority over intercollegiate athletics shall take any adverse action against a postsecondary educational institution in the State of Georgia for such institution facilitating compensation, offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete's NIL; provided, however, that no postsecondary educational institution shall use funds allocated by the State of Georgia for such compensation."

So Kirby is allowed to do that as is Brent at the moment.

How does that work, anyway?

If the CFP chose not to select UGA for the playoffs due to violations that the state of Georgia says shouldn’t be enforced, where is the jurisdiction? What’s the state of Georgia going to do? Force the Peach Bowl to be moved?

(in practice the NCAA/CFP is probably glad for an excuse to leave UGA alone, but let’s say they did want to enforce something… or even just got picky about how they defined “for use of the athletes NIL” vs how Kirby defined it.)

 

[Northeast Stinger]

How do high school athletes view NIL and how are they making decisions about it?

 

[Northeast Stinger]

Kemp signed an executive order on September 17, 2024 saying: "neither the NCAA, an athletic conference, nor any other organization with authority over intercollegiate athletics shall take any adverse action against a postsecondary educational institution in the State of Georgia for such institution facilitating compensation, offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete's NIL; provided, however, that no postsecondary educational institution shall use funds allocated by the State of Georgia for such compensation."

So Kirby is allowed to do that as is Brent at the moment.

Crony capitalism at its best.

 

[FredJacket]

When was the last time the NCAA won (or didn't lose) a "legal" challenge in court?

It seems the NCAA can enforce their rules right up until someone chooses to just ignore them & challenge them in court.

 

[jojatk]

How does that work, anyway?

If the CFP chose not to select UGA for the playoffs due to violations that the state of Georgia says shouldn’t be enforced, where is the jurisdiction? What’s the state of Georgia going to do? Force the Peach Bowl to be moved?

(in practice the NCAA/CFP is probably glad for an excuse to leave UGA alone, but let’s say they did want to enforce something… or even just got picky about how they defined “for use of the athletes NIL” vs how Kirby defined it.)

I think it is fairly obvious that the intent of this is to allow the schools to explicitly take part in who gets what NIL funds as long as state funds aren’t the ones being used. I’m not sure I understand your question.

 

[bobongo]

How does that work, anyway?

If the CFP chose not to select UGA for the playoffs due to violations that the state of Georgia says shouldn’t be enforced, where is the jurisdiction? What’s the state of Georgia going to do? Force the Peach Bowl to be moved?

(in practice the NCAA/CFP is probably glad for an excuse to leave UGA alone, but let’s say they did want to enforce something… or even just got picky about how they defined “for use of the athletes NIL” vs how Kirby defined it.)

I would think the executive order is unenforceable outside the state. But as you suggest, the NCAA isn't going to bother even if it wanted to, so it's a moot point.

 

[JacketOff]

When was the last time the NCAA won (or didn't lose) a "legal" challenge in court?

It seems the NCAA can enforce their rules right up until someone chooses to just ignore them & challenge them in court.

I think if they wanted to the NCAA could fight and win a lot of the lawsuits they’ve gotten in the last several years regarding their own rules. I believe they have chosen not to because it doesn’t really impact them in any way. As long as the money keeps rolling in, they’ll take a backseat to watch the show. The vast majority of money the NCAA brings in comes from March Madness. As long as the value of that tournament stays high they’ll be content to burn the existing structure to the ground one piece at a time. The rule changes that upset fans and coaches won’t bother the NCAA until it touches their bottom line, but they generated $1.3B last year, so that doesn’t seem anytime soon.

I think from here on out you’ll only see the NCAA really go to bat when the inevitable push to fully separate college athletics from the colleges themselves happens. At that point the NCAA would be neutered completely and pushed out of power (and money) in favor of whatever gets created to take its place.

 

[cpf2001]

I think it is fairly obvious that the intent of this is to allow the schools to explicitly take part in who gets what NIL funds as long as state funds aren’t the ones being used. I’m not sure I understand your question.

What would the state of Georgia do if the NCAA or CFP put restrictions on UGA?

If the CFP said “UGA is too involved in nil, no playoffs for them” it would violate Kemp’s order but what could he actually do about it? It looks like the CFP is based in Texas from some googling just now. What authority does Georgia have over them?

Is there any way it’s actually anything but pointless grandstanding and claiming of power he doesn’t actually have by Kemp?

 

[Bogey]

I think if they wanted to the NCAA could fight and win a lot of the lawsuits they’ve gotten in the last several years regarding their own rules. I believe they have chosen not to because it doesn’t really impact them in any way. As long as the money keeps rolling in, they’ll take a backseat to watch the show. The vast majority of money the NCAA brings in comes from March Madness. As long as the value of that tournament stays high they’ll be content to burn the existing structure to the ground one piece at a time. The rule changes that upset fans and coaches won’t bother the NCAA until it touches their bottom line, but they generated $1.3B last year, so that doesn’t seem anytime soon.

I think from here on out you’ll only see the NCAA really go to bat when the inevitable push to fully separate college athletics from the colleges themselves happens. At that point the NCAA would be neutered completely and pushed out of power (and money) in favor of whatever gets created to take its place.

I am not a fan of the NCAA at all, in fact I hate them. But in today's courts, they would lose every case, in my opinion.

 

[bobongo]

What would the state of Georgia do if the NCAA or CFP put restrictions on UGA?

If the CFP said “UGA is too involved in nil, no playoffs for them” it would violate Kemp’s order but what could he actually do about it? It looks like the CFP is based in Texas from some googling just now. What authority does Georgia have over them?

Is there any way it’s actually anything but pointless grandstanding and claiming of power he doesn’t actually have by Kemp?

It isn't pointless because it green lights state schools' control over NIL money. But enforcement ends at the state line. Outside Georgia, I would imagine the executive order carries no weight.

 

[cpf2001]

It isn't pointless because it green lights state schools' control over NIL money. But enforcement ends at the state line. Outside Georgia, I would imagine the executive order carries no weight.

Interesting, but wasn’t it already perfectly legal in the state (since it’s still not state funds)? I thought all the restrictions were just private contracts.

 

[jojatk]

What would the state of Georgia do if the NCAA or CFP put restrictions on UGA?

If the CFP said “UGA is too involved in nil, no playoffs for them” it would violate Kemp’s order but what could he actually do about it? It looks like the CFP is based in Texas from some googling just now. What authority does Georgia have over them?

Is there any way it’s actually anything but pointless grandstanding and claiming of power he doesn’t actually have by Kemp?

This is basically the same as any state that is creating their own NIL rules to prohibit the NCAA from stopping the schools from being involved in various ways. When have you seen the NCAA win a single thing when a claim has been made that their rules restrict the ability of the athlete to earn NIL? I'm not following it super closely but it sure seems to me that the NCAA has lost every time. So far, with just a very cursory Google search so it's possible I'm wrong, Georgia, Virginia, Missouri, and Ohio have laws/executive orders in place that are somewhat similar but not all the same. And it also sounds like the main purpose of this is to get something in place while waiting for whatever the antitrust settlement was. I'm not sure if that settlement completely passed nor what it said.

 

[roadkill]

Interesting, but wasn’t it already perfectly legal in the state (since it’s still not state funds)? I thought all the restrictions were just private contracts.

The NCAA still has a rule against schools being directly involved with NIL. In the linked article, Kirby was the only coach mentioned by name as flouting this rule.

And it also sounds like the main purpose of this is to get something in place while waiting for whatever the antitrust settlement was. I'm not sure if that settlement completely passed nor what it said.

The House settlement will allow a school to be directly involved in payments (revenue sharing). It's already been decided in favor of the athletes; they are just ironing out the details now with a final decision expected this summer.
This is also the settlement that establishes a fund to pay S-As retroactively back to 2016.

 

[roadkill]

I think if they wanted to the NCAA could fight and win a lot of the lawsuits they’ve gotten in the last several years regarding their own rules.

Well, they took Alston all the way to the Supreme Court and lost. And that probably cost a bundle in legal fees. They fought but are losing House in federal court as we speak. What cases have they chosen not to fight in court?