Protect College Sports Act


bernard

THEE Realist
After receiving backlash for allowing Sen. Ted Cruz (R-Texas) to promote a college sports senate bill on “College GameDay” on Saturday, ESPN will feature one of the bill’s most vocal opponents on its airwaves Tuesday.

NAACP President and CEO Derrick Johnson will appear on the 6 p.m. ET edition of “SportsCenter.” The move comes after the NAACP posted in response to Cruz’s appearance Saturday, “We’d love to have (Johnson) join you in his home state of (Mississippi) next week to express why the Protect College Sports Act is dangerous to Black Athletes and the Black community.”

 



It has some good guarantees for student athletes, but I'm opposed to the current version of it.

As it is written, it would lead to permanent caps on student-athlete earning potential. At the very least, any cap should permit annual adjustments based on inflation.

Also, the language addressing HBCU media rights and infrastructure leans toward amounting to an empty promise. The language needs to reflect a funded mandate with a not too distant timeline for implementation.

I forgot to mention I think the leverage is in hand to get both concerns addressed.
 
Last edited:
It has some good guarantees for student athletes, but I'm opposed to the current version of it.

As it is written, it would lead to permanent caps on student-athlete earning potential. At the very least, any cap should permit annual adjustments based on inflation.

Also, the language addressing HBCU media rights and infrastructure leans toward amounting to an empty promise. The language needs to reflect a funded mandate with a not too distant timeline for implementation.

I forgot to mention I think the leverage is in hand to get both concerns addressed.
You are the legal authority, but are you sure the caps are permanent? I thought there would be room for adjustments based on inflation. It is by no means perfect, but I do find myself more for it than against it.

However, it needs to be understood that the cap that schools would be limited in paying students is not the same as NIL. As I understand it, student-athletes can make as much money as they want. There is no cap on that.
 
Regardless of what message anyone gives you whether it is the NCAA, Congress or whoever.....the real issue is that young black men are getting a boat load of money right now and they can't really control it. The seemingly loss of power/control over black males is killing the people in "supposed" power. There may be a few things in there to help sports in general....."BUT"....Overall, this is just a stance to regain control of the athletes.
 
Regardless of what message anyone gives you whether it is the NCAA, Congress or whoever.....the real issue is that young black men are getting a boat load of money right now and they can't really control it. The seemingly loss of power/control over black males is killing the people in "supposed" power. There may be a few things in there to help sports in general....."BUT"....Overall, this is just a stance to regain control of the athletes.

Oh they can and have ALWAYS had the power to control it. The loss of it is because people in power can't control OTHER people in power.

Duke can't stop Kansas from offering 1 cent more to a player and the player takes it.

Check writers have to learn to control themselves.
 
You are the legal authority, but are you sure the caps are permanent? I thought there would be room for adjustments based on inflation. It is by no means perfect, but I do find myself more for it than against it.

However, it needs to be understood that the cap that schools would be limited in paying students is not the same as NIL. As I understand it, student-athletes can make as much money as they want. There is no cap on that.
I'll take your.attribution as a compliment, but Kenn I'm not a lawyer. I'm just a happily retired Deputy Sheriff that has read and wrote a ton of admissable court documents during a long career.

Recall, we got to this point by student-athletes, individually or collectively, successfully or without success suing the NCAA. Originating with Ed O'Bannon to this present day where guys with limited professional league experience are suing to bounce back into intercollegiate athletics.

It's just my opinion, but I believe the core and critical intent of the legislation is to protect the NCAA from similar student-athlete lawsuits by exempting the organization from Antitrust Laws. To my understanding, an exemption from that body of law is likely to have an adverse effect on student-athlete gains via the courts.

It is also my opinion that the guarantees for student athletes in the bill or a trojan horse to help get it across the finish line. They are good guarantees, but they are designed to deflect from what they would lose if the bill becomes legislation in its current form.

I took a little time to do an AI search to determine if I was remotely close with my line of thinking While AI responses certainly are wrong at timed, I still find them to be a useful tool.

The following is part of the response I received on the subject matter of this thread:

If the Protect College Sports Act (PCSA) is signed into law, it will grant the NCAA a limited federal antitrust exemption.

The NCAA has aggressively lobbied for this immunity following landmark legal defeats like the 2021 Supreme Court ruling in NCAA v. Alston, which subjected its amateurism model to antitrust scrutiny.

If this legislation goes into effect, it will provide the NCAA with several massive advantages:

1. Protection from Future Lawsuits
The primary advantage is immunity from federal and state antitrust liability. For years, plaintiffs' attorneys have used the Sherman Antitrust Act to systematically dismantle NCAA rules regarding player movement and payment. This law would essentially slam the door on those types of multibillion-dollar, class-action lawsuits.

2. Legal Power to Cap Athlete Compensation
The exemption will allow the NCAA, athletic conferences, and member schools to legally enforce strict athlete revenue-sharing and spending caps. Under current antitrust law, capping player compensation constitutes illegal price-fixing; under the PCSA, it becomes a federally protected framework.
 
The Senate passes the Protect College Sports Act, but the bill's future is unclear

WASHINGTON — The Protect College Sports Act, a bill aiming to rein in what its supporters call a "Wild West" era of college athletics, cleared its most significant hurdle yet on Monday when the Senate passed it by a bipartisan vote of 77-22.

The bill would grant the NCAA a limited antitrust exemption in order to restore its five-year eligibility rule and transfer limits. The legislation would also codify the regulation of name, image and likeness deals that have transformed college athletics in recent years by allowing athletes to be paid — some of them as much as millions of dollars per season.

 
I see plenty of lawyers lining up to sue if this gets passed. The house is on another vacation until after the mid terms so who knows how this will go if the wave goes thru and a lot of folks are out of a job come January.
 
Back
Top