A House Falls On The NCAA
May 24, 2024 8:20 AM   Subscribe

Facing the potential of a ruinous $20B decision against them in the House v. NCAA antitrust lawsuit, the NCAA and the major conferences are coming to a settlement that will see college athletes recieve revenue sharing, as well as former athletes being eligible to recieve damages for payments wrongly withheld.

This is a culmination of over a decade of litigation over the antitrust violations in college athletics, starting with O'Bannon establishing that players' NIL rights had value, followed by the Alston ruling definitively laying out that the NCAA did not have an antitrust exemption, opening the door for the House class action lawsuit - and the way the NCAA's arguments went over like lead balloons at those hearings has pushed them to the settlement table.

Further emphasizing the losses in courts of law are the two injunctions the NCAA has had placed on their policies: first, they were enjoined over limiting transfers through the transfer portal, then an attempt to sanction Tennessee over NIL payments resulted in the Tennessee and Virginia AGs suing, resulting in an injunction on the NCAA's NIL rules. In addition, Dartmouth men's basketball players won a major win for labor with the regional NLRB ruling that they are in fact employees, leading them to pursue unionization, which the school is fighting. In addition (and likely to the death of OJ Simpson bringing new scrutiny to the decision) the Heisman Trust has reinstated Reggie Bush as the 2005 Heisman winner, further weakening the NCAA's position.

It is in that context that the NCAA is coming to the negotiating table - having lost over and over, they are staring down a loss that would end the organization. And there's still a chance the cart gets upset - while the lion's share of the damages are due to the behavior of the major conferences, it's the non-majors who are being told to pay the majority of the settlement, which they are pushing back on.
posted by NoxAeternum (35 comments total) 16 users marked this as a favorite
 
Of course, you have people like the head of Notre Dame arguing that the real solution is for colleges to be legally allowed to steal the labor of players.
posted by NoxAeternum at 8:23 AM on May 24 [4 favorites]


"It is in this context that [Patrick] Deneen, a professor of political science at the University of Notre Dame, has written Regime Change: Toward a Postliberal Future, meant as something of an activist manifesto for the movement. The book’s many faults are the faults of the movement more generally: it only further reaffirms the contradictions and pitfalls of the conservative critique of the liberal status quo."

Notre Dame Philosophical Reviews does have an extensive archive
posted by HearHere at 8:43 AM on May 24


I dislike the death of amateurism, but it is frankly obscene for the universities to be profiting to such an extraordinary degree off the labor of players who mostly aren't even getting proper educations. In an ideal world these "minor league" units would all be spun off and no longer connected to the universities, but that's never going to happen.
posted by praemunire at 8:55 AM on May 24 [12 favorites]


I dislike the death of amateurism

That ship sailed a long time ago; the only question is who profits from the labor provided by college athletes?
posted by Gelatin at 9:05 AM on May 24 [13 favorites]


Division 1A athletics has not been amateur for at least 30 years. This is a good start, the next step should be formally divorcing 1A athletics programs from their host universities so they stop parasitizing public money. If they want to preserve access to the school's name and facility space they should be required to reincorporate as player-owned cooperatives.
posted by biogeo at 9:12 AM on May 24 [24 favorites]


I dislike the death of amateurism

Amateurism is class warfare. The whole concept was created to argue that it was somehow "nobler" to do something for the "love" of it (hence the name) than to be so uncouth as to accept payment. And that concept has been used in many fields - not just sports! - to steal the labor of others and to attack the idea that certain forms of labor should be treated as such.
posted by NoxAeternum at 9:13 AM on May 24 [38 favorites]


Couldn't have happened to a nicer wicked witch.

Fuck the NCAA
posted by Windopaene at 9:21 AM on May 24 [3 favorites]


Good.

I mean I have enjoyed watching a lot of college sports, but the ridiculousness of paying through the nose to get into the stadium to watch kids play FOR FREE really sucks. The sports memorabilia and clothing and other fan items, sales of all of that is buoyed by the athletes. Yeah graduates pay money for stuff that says "alumni" on it but that's a small fraction, there are way more fans of many schools than there are actual graduates. SO MANY PEOPLE throw money at the schools specifically because of the sports team. They buy the tickets and show up for the games and fill their houses with the university-logoed stuff.

About damn time they gave the kids a cut.
posted by caution live frogs at 9:25 AM on May 24 [6 favorites]


"former athletes being eligible to receive damages for payments wrongly withheld"

Oh wow, how broadly can this be interpreted? For example can the 1996 National Champions sue for back payment? Or career-limiting injured players claw back funds?
posted by Abehammerb Lincoln at 9:30 AM on May 24 [2 favorites]


Can anyone give me more context on the OJ Simpson/Reggie Bush connection?
posted by ApathyGirl at 9:41 AM on May 24


Oh wow, how broadly can this be interpreted?

The class is pretty tightly defined, but even still has over 10k members:
The players propose classes for football and men’s basketball players, women’s basketball players, players in other sports starting in 2016 and all D-I athletes who competed or will compete from June 15, 2020 (when the complaint was filed), to the date of judgment in the case, which is set to go to trial on Jan. 27, 2025. According to court records, these three classes would collectively include more than 14,500 college athletes.
posted by NoxAeternum at 9:42 AM on May 24 [2 favorites]


Can anyone give me more context on the OJ Simpson/Reggie Bush connection?

Both are recipients of the Heisman Trophy for the same school (USC, which is also my alma mater) - the award given to the best college football player that year. Back in 2010, Bush was pressured into giving up his Heisman over an investigation by the NCAA over recieving "impermissible benefits" and retaining an agent - rules that we now know were illegal for the NCAA to hold (and Bush has said that in hindsight he should have forced the Trust to sue, as that would have been a lawsuit they wouldn't want.)

Simpson's recent death caused people to realize that he had never been kicked out of the Heisman family even with all of what he had done, while Bush's forfeiture never made sense (and made even less after Alston and the NCAA tearing up the rules he "violated" in response.) As such, it made the Trust's position of vacating Bush's win untenable, and thus the reinstatement.
posted by NoxAeternum at 9:50 AM on May 24 [13 favorites]


I dislike the death of amateurism, but it is frankly obscene for the universities to be profiting to such an extraordinary degree off the labor of players who mostly aren't even getting proper educations.

I agree with this sentiment completely, and I can’t help thinking that if we succeed in monetizing every productive thing that anybody does, then the richest members of our society will have vastly more power than the catastrophic level of power they have already attained.

And if our money ever really goes bad, as money in general has a persistent and historically ineluctable tendency to do, such as it did during the Weimar hyperinflation and is doing now as part of whatever the hell is happening in Argentina at the moment, our society will collapse more thoroughly and perhaps more irretrievably than anything we’ve seen before.

Not to mention the power monetization places in the hands of relatively obscure and unaccountable institutions which manage the technical details of the money supply, such as the Federal Reserve, as well as the leaders and central banks of foreign countries and other institutions which can buy and sell our currency, or pump dollars they have accumulated back into our society to achieve whatever political or strategic ends they may desire.
posted by jamjam at 10:31 AM on May 24 [1 favorite]


I dislike the death of amateurism,

Why is amateurism something worth preserving?

The call for amateurism as though it is in and of itself something valorous has long been the way for the young sons of the white monied elite to gatekeep their sporting endeavors.
posted by thecjm at 11:05 AM on May 24 [8 favorites]


Well sure. But as I have had two children who have played "Olympic sports" D3, so no NIL money coming in...

I cannot gripe about much. They got to play, got to make lifelong connections with their teammates. And actually attended their classes. So, net positive for them. But the money sports just seem to be so fucked up.
posted by Windopaene at 11:27 AM on May 24 [3 favorites]


I don't know, I'm glad the students can/will get paid but I am afraid the athletic depts will just steal even more money from the academics of public universities. And don't tell me they are separately financed. That's a lie and everyone who follows the money knows it. Athletic depts of major state universities are drowning in debt and many of them are taking 'loans' from the universities that they will never repay.

And that is the real reason they won't be cut loose as they should be: they are mostly parasites that can't support themselves without huge injections of free money from their host institutions.
posted by SaltySalticid at 11:52 AM on May 24 [7 favorites]


Jaden Rashada alleges ‘false promises’ by Florida coach Billy Napier, others in lawsuit.

"Former Florida quarterback signee Jaden Rashada is suing Gators coach Billy Napier, a former UF staffer and a major university booster, alleging they made “false and fraudulent promises” to induce Rashada to sign with the program in 2022."

I used to be a fan of my alma matter's (UF) team but I can't bring myself to even bother paying attention anymore. The entire enterprise is awful and needs to be burnt to the ground.
posted by photoslob at 12:01 PM on May 24 [1 favorite]


Well sure. But as I have had two children who have played "Olympic sports" D3, so no NIL money coming in...

"Olympic sports" are their own degree of fucked up, as many world class athletes are either forced out of or just don't go into NCAA athletics because of the fucked up policies on money. There's yet another lawsuit against the NCAA by an NC tennis player pointing out that the NCAA prohibiting her from winning prizes outside of the NCAA purview is (once again) illegal restraint of trade.

As for the whole "athletic departments drowning in debt" thing, the other thing to look at with the big programs is how utterly distorting the theft of labor has been in regards to the money involved. I wish I could remember where I saw it, but there was a discussion of the training facilities between the colleges and the pros - the colleges have these custom showpiece training rooms, while the pros...have Planet Fitness tier training rooms - they get the job done, but there's much less egowank involved,and thus less cost. And a lot of that has to do with the fact that the pros don't have a massive kitty from not paying their players - something that distorts the finances of college sports.
posted by NoxAeternum at 12:21 PM on May 24 [9 favorites]


whatever the hell is happening in Argentina at the moment
all the problematics of the “Austrian School” of economics [previously]

new bigwig's promoting a book “Hours before Milei picked up the mic, the government’s statistics bureau announced that economic activity had fallen by a whopping 8.4%”, seemingly based on an essay published earlier in a collection dedicated to Huerta de Soto (whose springboard’s Ludwig von Mises)

Mises Institute defines Austrian School, fwiw

“In The Anti-Capitalistic Mentality, first published in 1956 as many around the world still struggled under the yoke of colonialism, Mises blamed the colonized countries themselves for this legacy
posted by HearHere at 12:27 PM on May 24


"Former Florida quarterback signee Jaden Rashada is suing Gators coach Billy Napier,

This gets doubly interesting considering that Rashada just transferred to UF arch rival Georgia. The shenanigans and legal machinations around southern football were already Machiavellian, this should quickly commute to crazytown.
posted by Abehammerb Lincoln at 12:44 PM on May 24


The problem with lamenting the loss of 'amateurism' in the context of college sports (and Olympic sports) is that these kids are doing professional-level damage to their bodies. Your knees and back (and brain, in the case of American foorball) are just as fucked whether you got paid or not.
posted by adrienneleigh at 1:08 PM on May 24 [7 favorites]


It will probably end up like a streaming deal. 1¢ per point scored. For team sports the 1¢ will be distributed evenly between all players.
posted by SonInLawOfSam at 3:32 PM on May 24 [1 favorite]


Amateurism is class warfare.

Literally. The whole concept rose of British society because the rich ne’er do wells were tired of losing to people who made it their job (mainly poorer classes who couldn’t afford to be lazy layabouts.) So they invented “amateurism” to eliminate those people from the competition allowing them to take home the trophy “fairly”.
posted by jmauro at 3:47 PM on May 24 [1 favorite]


i just noticed that i typed "foorball" instead of "football" because i was on my phone and it's going to take me all day to get over the embarrassment.
posted by adrienneleigh at 4:10 PM on May 24 [1 favorite]


Labour is entitled to all it creates!
posted by LegallyBread at 4:14 PM on May 24 [2 favorites]


Since it's a holiday weekend here in the U.S., I'm going to assume that all of you who responded to my initial lament about amateurism with critical remarks that recapitulate just what I went on to say from there simply had to run to catch a train and didn't have time to finish my sentence, rather than that the follow-up statement "it is frankly obscene for the universities to be profiting to such an extraordinary degree off the labor of players" was too recondite to follow.
posted by praemunire at 4:55 PM on May 24 [2 favorites]


No, my point was quite bluntly that the death of amateurism is something to be celebrated, not mourned, because amateurism is and has always been class warfare, and is what has enabled the universities stealing the labor of those athletes. Your argument is inherently in contradiction with itself, arguing that the death of amateurism (which is what is enabling these athletes to assert themselves as laborers) and these athletes having their labor stolen because of the class warfare at the heart of the concept are both bad things.
posted by NoxAeternum at 5:15 PM on May 24 [1 favorite]


For those who like to point out that athletic departments are drowning in debt, I would counter that said debt is self inflicted. Whether it’s from overspending, or from creative accounting the makes the AD look much poorer than they actually are, being in debt for most college ADs is a choice. Upper tier schools have seen their revenue double or triple over the last couple of decades. And yet, they still have to raise ticket prices, sell more advertising and sponsorships, get more donations, and bigger and fatter media deals because they can’t make ends meet? Give me a break. Coach salaries are spiraling. Schools are building unbelievebale facilities particularly for football. Indoor practice fields. Amazing weight rooms. Palatial locker rooms. They’re expanding and remodeling stadiums. Charter flights for recruiting. Schools weren’t drowning in debt when the revenue was less than half and yet still had healthy athletic departments. But now it’s “we need better facilities to get better recruits!” “We need to give our coach a big raise after that winning season!” “More skyboxes!” Etc. I say this as a fan of a Power 5 football program, I know I should quit it but this is something I’d been doing since I was in first grade. (As someone said a while ago, Saturdays in the fall are a narcotic.) I have often wondered who the first programs would be that decide, “no, we are not going to try to keep up in this arms race anymore.” I have zero issues with players getting paid - the universities can’t keep bringing in bigger and bigger revenue hauls and then expect the players to just accept the status quo. And if schools “aren’t making ends meet” with this kind of money coming in, then they won’t even if they get away with not paying players. I agree with those who say the system needs to be blown up. My hope, however naive, is that this big change starts the process. The big football schools will always be the big football schools. The rest? Let’s see what happens.
posted by azpenguin at 5:23 PM on May 24 [3 favorites]


Your contention is that they don't have to steal from the university academic coffers to make ends meet, but they choose to do so because it's the path more in alignment with their values?

Ok that's fair.
posted by SaltySalticid at 7:21 PM on May 24 [4 favorites]


Im not suggesting they’re stealing from the academic coffers - this may happen at some schools but oftentimes, accounting can be… um, creative. Submitted for consideration - College Sports Programs Are Playing Poor. Here’s How To Fix It.
posted by azpenguin at 9:48 PM on May 24 [1 favorite]


Is it possible for the NCAA to insist that college sports participants are genuine students making progress towards a degree without insisting that they do not get paid for their efforts?
posted by plonkee at 3:00 AM on May 25


Students pursuing college degrees have paid jobs all the time. The challenge to whether they are genuine students, in my opinion, is not about whether they are getting paid, but about whether their athletic career routinely pulls them out of classes while forcing the teachers to accommodate that, steers them towards degree programs that are less work, supplies them with "tutors" who do their academic work for them, etc. All of which are things that already happen, without paying them.
posted by biogeo at 7:56 AM on May 25 [4 favorites]


Thoughts that have run through my head related to all of this:

* It's incredible how quickly the awareness that "contact sports, especially American football, does catastrophic damage to human brains" died down. That was my original reason for abandoning my fandom of college football. At my current university - an institution in the process of moving to the highest level of football competition at the cost of several million dollars that is supposedly being paid entirely by donors - our health sciences campus, including a lab specifically dedicated to research of traumatic brain injuries, is located right across the street from the football stadium and all of the training facilities. I know that it's just coincidence but it sure seems convenient that we can just cart players across the street after they've been concussed for the 10th time...

* It's so obviously hypocritical of universities in the top conferences to claim that they care about these young people as students first and foremost even while they continue to expand conferences so they require even more cross-country travel because new conference members are very far apart. And, of course, that travel also has significant environmental costs, too.

Big time college sports in the US is corrupt and twisted in so many ways...
posted by ElKevbo at 10:05 AM on May 25 [4 favorites]


In further NCAA antitrust news, the association has settled with the states and the DOJ over the transfer portal, agreeing to permanently rescind their rule forcing players to sit out a season after multiple transfers.

This is good - the rule was always a massive antitrust violation, and it likely became clear that there was no way forward for the NCAA here.
posted by NoxAeternum at 9:13 PM on May 30 [1 favorite]


For example can the 1996 National Champions sue for back payment?

Well, we may just find out as ten members of the 1983 NC State team are suing over NIL rights.
posted by NoxAeternum at 3:43 PM on June 10 [1 favorite]


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