i can think of one guy who would have made some money in college [Bryan Fuller]

It's Bad Amateurism Argument Time! Comment Count

Brian October 1st, 2019 at 2:51 PM

Nancy Skinner's NIL bill was signed into law by the governor of California—it turns out the delay was so he could sign it on LeBron's TV show, which is how all legislation should be approved. And now come the parade of incredibly dumb arguments. Darren Rovell won a fevered sprint to the summit of Mount Take:

What the what? Rovell thinks:

  1. the guys in charge of the billion-dollar industry are going to throw their hands up and walk away because Jimmy Football can make some money endorsing colored pencils
  2. there will be more cheating when boosters can give players money over the table, and
  3. because Jimmy Football can make some money on colored pencils he doesn't have to get a degree.

None of that is going to happen.

[After THE JUMP: more bad arguments!]

The NCAA is already preparing to wave the white flag and continue on, as Rodger Sherman notes at the Ringer:

…the NCAA’s response to Newsom’s signing the bill was … discernibly more measured [than previous doom and gloom proclamations]. The association released a statement that said the new law had caused “confusion”—exactly what type of confusion is left unspecified—and expressed concern that “a patchwork of different laws” across multiple states could potentially make its goal “unattainable.” The statement also said that “improvement needs to happen on a national level” and suggested that the organization could reconsider its own NIL rules to come up with versions that are “realistic in modern society.” In a little less than a month, the NCAA’s stance on the bill has morphed from claiming imminent doom and gloom to conceding that a national law would make more sense than individual ones in all 50 states.

There will be a lawsuit the NCAA will lose, like it loses all its lawsuits. Once that formality is out of the way the NCAA will suck it up and try to set up a system where they're still in charge of the money, however they figure they can manage it. Class will still be required. Donors will split their money between the school—which still has the tickets and skyboxes—and the players/recruits.

In the meantime, many bad arguments will be offered. Most won't be as unhinged as Rovell, but they won't be much better. Here's why each of these arguments is bad.

"This will crush non-revenue sports"

For Power Five schools the results here, if any, will be a slowing of revenue increase already tens of millions of dollars ahead of the situation from a decade ago. Last year's Big Ten revenue distribution was 51 million dollars. A decade ago it was 19 million.

Non-revenue sports have increasingly been gold-plated as athletic departments find any way to spend the tons of cash that are coming in. From 2013 to 2018 non-revenue sport coaches saw their total compensation go up 43%. The worst case scenario for P5 non-revenue sports is that their coaches are slightly less rich and their equipment is not quite space-shuttle material.

Meanwhile, few teams outside of the P5 have significant donor bases that would be eroded by players getting money directly. EMU's football program brought in just under 200k in donations last year, about 2% of their 9 million dollar operating budget. And in cases like EMU donors are probably better off directly supporting the program instead of individual players. Non-revenue sports at places like EMU are only getting program donations and should not see meaningful changes.

"This won't be a level playing field"

This was addressed in a recent mailbag: the current environment is rapidly approaching the maximum possible recruit consolidation.

tumblr_a29e62b3429bd8066af5b8d30969f0d4_af90085e_500

The current system is already making the playing field as tilted as possible. If anything, giving players back their NIL rights has the potential to diversify the destination for top recruits as teams with a lot of resources who have previously been hesitant to flout NCAA rules also pay players.

"This will result in the professionalization of college sports"

College sports already has the worst aspect of professionalization: commercial-kickoff-commercial. Nobody cared when the Olympics dropped their amateurism requirements and nobody will care when colleges do. People are willing to put up with increasingly awful stadium experiences because of their teams. They're willing to watch horrible garbage football for years on end.

The fact that Jimmy Football has some money isn't going to change their behavior one bit. There are already reasons, in droves, to quit paying attention to college sports. And it doesn't matter. To believe that amateurism is the load-bearing wall in NCAA sports is absurd.

"These kids aren't worth anything"

No, really. Professional bad-take-haver Doug Gottlieb:

Then there's no problem. Give them their worthless rights back and quit complaining.

"This will lose in court"

There's a strange thread of court fatalism running through some comments. Dan Wolken:

It’s worth noting, however, that the NCAA’s recent success at beating back challengers in federal court may mean that SB 206 never survives. The NCAA may be forced into its own plan, which may prove better than the one politicians drew up.

Seth Davis:

The first is that the NCAA will surely challenge this legislation in court, where it will make the case that it’s unconstitutional because it restricts the rights of an organization the U.S. Supreme Court has already deemed as private (in the Jerry Tarkanian case) to make and enforce its own bylaws. Based on the NCAA’s track record, I like its chances to win that argument.

The NCAA's track record is dismal. Regents of OU: loss. Assistant coaches: loss. O'Bannon: loss. Alston: loss. It is true that the judge in the latter two cases proposed milquetoast remedies as she systematically obliterated the NCAA's arguments, but this isn't a situation where the court needs to impose a remedy. It merely has to let the law stand. And it seems like they will. The NCAA's bylaws are not laws; actual laws supercede bylaws. As Sherman put it:

…this organization has as much legal authority when it comes to rulemaking as a board game inventor. It’s illegal for an athlete to receive a huge payment from a booster in the same way it’s illegal for you to collect $1,000 in Monopoly money when passing go. Sure, the NCAA makes rules for how its member institutions should operate, and if you break those rules the NCAA could prevent your school from playing in a prestigious tournament or a bowl game. But it’s the government that actually makes and enacts laws.

"We can't cheat athletes out of their rights and that makes us sad" is not a legal strategy that will win.

"It's too complicated"

It's not complicated at all! We have an entire economy based around this that everyone else participates in! Is it too complicated for literally anyone else to go about their business and make some money?

The complicated thing is what's going on now, when there is an entire industry of people dedicated to monitoring and punishing normal economy activity:

Deleting huge chunks of the NCAA rulebook is not making things more complicated.

"But then they will have money"

OK, you've got me there. Then they will have money.

Comments

ColinMacLeod

October 1st, 2019 at 5:06 PM ^

Additionally the 2018 Olympics were in South Korea which depresses ratings because very little is live in prime time (except on the West Coast).  Same thing will happen in 2020 (Tokyo) and 2022 (Beijing), but 2024 (Paris) and 2026 (Milan-Cortina) will bounce back before the huge gains in 2028 (LA) where the US media will be all about "the Olympics are back baby".

Calculating interest in the Olympics based purely on viewership without factoring influences such as time zone is folly.

Swayze Howell Sheen

October 1st, 2019 at 6:22 PM ^

cherry picked stats, friend :)

Here are the # of people who watched the opening ceremony over the past many years. Lots of factors seem to influence it, including which time zone it is in. No obvious trend, for sure.

1988 Korea 22.7m  
1992 Spain 21.6m 
1996 United States 39.8m 
2000 Australia  27.3m   
2004 Greece 25.4m     
2008 China 34.9m    
2012 United Kingdom 40.7m 
2016 Brazil  29.3m

snarling wolverine

October 1st, 2019 at 6:07 PM ^

the Olympics persist as a wildly popular event every four years, despite a lot of hurdles (the impossibility of finding host cities for one) 

There’s no shortage of cities willing to host the Summer Olympics - Beijing, London, Rio, Tokyo, Paris, L.A. is a pretty distinguished group.  

The Winter Games are another story.

bronxblue

October 1st, 2019 at 3:49 PM ^

Countries pumping their athletes full of drugs to the point they suffered a lifetime of medical issues was the key issue with East Germany and Russia, not whether or not a goalie on the hockey team got some money for his troubles. And on the drug front the US got busted quite a few times. And ABC paid millions of dollars for the rights to broadcast that winter Olympics, as did all the sponsors.  

It's fine if you want to say you don't like the commercialization of sports, but if so then recognize it's being like that for decades now and it's weird how you only found it troubling when the college kids playing them finally got a crack at the massive pot of gold.

CompleteLunacy

October 1st, 2019 at 3:51 PM ^

I don't get that personally. I've always thought the Olympics should be about showcasing the best athletes each country has to offer...why would you purposefully eliminate the best ones just because they make money as "professionals"? 

Also, Miracle on Ice was obviously great and all, but FAR more often they ones who cheat wind up winning. It leaves a bitter taste in my mouth. 

 

rposly

October 1st, 2019 at 4:01 PM ^

I don't think the Olympics is a fair comparison.  You're talking about sports that people only watch during the Olympics (in which case who cares whether they're amateur or pro), or sports that people do watch (NHL, NBA) but not at an international level (in which case you WANT them to be best/pro).  So for the Olympics, I agree, removing amateurism didn't really matter.

But in this case there's a direct competitor (the NFL) from which the NCAA is trying to maintain some differentiation.  I do fear that removing amateurism means the further NFLization of college football.  Whether that's a good or bad thing -- or whether it diminishes people's fandom -- I don't know.

Brodie

October 2nd, 2019 at 1:36 PM ^

The NFLization of college football is happening anyway. It happened when they moved to a playoff, when coaching salaries began to go insane, when cable TV and the internet began making sure we all know every 14 year old kid with a Boston College offer. People on r/CFB slip up and say "the Pac-12 has the worst refs in the league". It's a pro sport already, pretending it isn't is futile. 

FrankMurphy

October 1st, 2019 at 4:47 PM ^

If by "complicated" you mean "bizarre and kafkaesque", then I agree. It's difficult to understand how we arrived at a point where the concept of an individual seeking to realize the fair market value of his skills is somehow seen as blameworthy, especially when the large institution of which the individual is a member is profiting handsomely from those skills. Consider this: NCAA rules go into mind-numbing detail about whether condiments constitute an "extra benefit" but don't have much to say about situations in which athletic departments commit massive academic fraud to keep players eligible (e.g., UNC) or commit multiple felonies to cover up child rape by coaches (e.g., Penn State).

brad

October 1st, 2019 at 6:06 PM ^

The Olympics went pro because the cold war ended and raw nationalism was no longer enough.  Not the other way around.  In the '80's, you had a vested interest in the magnificence of Bulgarian weight lifting.  Imagine a whole country of our size trying to get to that point today, it's laughable.

Brodie

October 2nd, 2019 at 8:23 AM ^

May I ask why the concept of Olympic amateurism. designed solely to keep poor athletes out, was such a big deal for you? I ask because I think there's a widespread assumption that the existing rules exist for a reason and therefore must be inherently just, changing them requires a lot of convincing. But what if the existing rules are just, like, arbitrary things no longer fit for purpose? 

TBH, I think this attitude has it's roots in the incredibly convoluted nature of the American constitutional amendment process. When you make large rule changes almost impossible, it gives the impression that existing bylaws are sacrosanct. 

MFunk

October 2nd, 2019 at 3:09 PM ^

It will change much more than people realize. I have said this before but I gotta add it in here again. 

There needs to be strict limits and rules, and I agree with Gene Smith, that all competing institutions need to follow the same rules (we can't have states making their own laws about this). It just won't work fairly any other way. 

Also, If I am a lineman busting my ass all week and on Saturday's creating holes for you to run through so you can pull down another 100K, and I get squat, that's going to start to piss me off. 

 

Booted Blue in PA

October 1st, 2019 at 3:02 PM ^

it will be interesting to see how the rules around this get written. 

what keeps an auto group from contacting a high school sr, 5* qb recruit from CA and offering him a sweet deal to become a spokesman for Maxton Auto in cbus, oh?

 

GOMBLOG

October 1st, 2019 at 3:47 PM ^

It’s fine until Michigan starts losing every recruit to the elite schools.  Small programs will fade away and the same teams will rule college football forever. Alabama will have 85 five stars on their roster and the kids won’t care if they play because they are getting paid. 

bronxblue

October 1st, 2019 at 3:52 PM ^

Or, in a slightly less hysterical and more logical outcome, very little changes but athletes across the board are able to benefit from the income they generate for everyone else.

Because if you think only Alabama and Clemson have money to pay players now that it's legal you are being obtuse 

smwilliams

October 1st, 2019 at 4:12 PM ^

It seems like everyone is assuming that colleges will pay players. My read is that players will be able to make money from jersey sales, video games, etc. 

Brian’s point that it’ll help diversify top recruits landing spots is probably accurate. That 200k at Alabama isn’t worth as much if you’re 3rd string. But, if you’re the guy at North Carolina, let’s say, there’s more opportunity for you. All the big programs have cash. Some are more hesitant about doing it under the table (see: Beilein at Michigan). 

bronxblue

October 1st, 2019 at 9:53 PM ^

Yeah, I'm not necessarily saying schools will cut checks for athletes; I'm more referring to the ecosystem around programs.  My larger point is that if people think only Alabama and Clemson have economies capable of providing some money to students in exchange for the commercial exploitation of their likeness, you're ignoring reality.

AnthonyThomas

October 1st, 2019 at 5:50 PM ^

This is a ridiculous statement. I hate to break it to the purists out there, but basically every single player on a Power 5 roster is working towards making the NFL. The vast majority are not there to play school. The chance at going pro will always be a school's primary draw because there will always be far more money to make in the NFL than through endorsements or even a salary. That incintivizes finding playing time (why do you think everyone's transferring?) More importantly, allowing every school to pay players will likely lead to better recruiting for schools that don't currently pay their athletes.

CursedWolverine

October 1st, 2019 at 3:21 PM ^

I guess I don't see why that matters all that much. That's already happening as evidenced by the brand new leases many top recruits sport when they attend major programs, and the duffel bags of cash we already know are being funneled to recruits in bball and football. Does anyone have any questions about why Laquon Treadwell ended up at Ole Miss? Those players' talents are evidently worth something in the marketplace, which seems like it should be compensated. It's not illegal for recruits to be paid, it's just against "the rules."

So we'll have the same athletes, going to the same schools (with some deviation as more fan bases are able to contribute without jeopardizing their school's eligibility), only now it's all above board and no longer cheating for an athlete to be paid for their talents.

Yinka Double Dare

October 1st, 2019 at 3:22 PM ^

The simplest way would be "have at it, boys." If people want to spend the money on players then let them. If some crazy Texas oilmen want to do Pony Excess all over again at SMU, then fine. 

The reason NIL rights is an easier way to pay the players in the first place is that it doesn't implicate Title IX. The money's not coming from the school. If a local Volvo dealer wants to hire our entire offensive line to talk about how Volvo protects you like they protect the quarterback, then good. The more terrible local commercials that get put online for us to laugh at, the better. 

JPC

October 1st, 2019 at 4:21 PM ^

What will happen is EA will drop a metric ton of cash on the NCAA's doorstep to license a game and that will trickle down to everyone listed in said game, and that will legitimately benefit these kids.

It's hard to argue that this isn't a good idea. It's hard not to foresee issues outside of this clear cut situation though.

In reality, what will happen is that places that already cheat will just cheat more without the threat of excess leading to detection. If Michigan doesn't directly pay, and instead uses boosters to pay, the boosters at places like Alabama, Clemson, and Georgia who are already paying are going to outbid the places where that is not already a part of their football operations.

bronxblue

October 1st, 2019 at 6:27 PM ^

This seemingly unfounded fear that places like Alabama, Clemson, and Georgia are so much smarter than other schools at breaking the rules continues to amaze me.  You don't think boosters who have been able to pay players at Michigan so expertly under the table that nobody has seemingly noticed them will suddenly be less effective once they don't have to hide it?  Like, how hard do you think it is for someone to write a check to someone for endorsing their products?  If anything, schools with alumni who make a ton of money and are in positions to actually effect meaningful financial relationships with players will have more avenues than, say, Clemson, who may have local markets but perhaps not as many nationally.  If anything, and I don't honestly believe it would ever come close to the arms race people are freaking out about, schools like Michigan, ND, Stanford, UCLA, UC Berkley, GT, Vandy, UGa, Texas, etc., national schools with massive alumni and deep industry connections will be able to price out your Auburns and Alabamas who, let's be honest, don't have as many resources.  Like, Auburn and Alabama both have endowments under $1B.  Michigan's endowment is $12B.  And while that isn't necessarily available to the AD, the people who helped grow that via donations ARE available.

JPC

October 1st, 2019 at 8:58 PM ^

OK. You're right. It's a total slam dunk with no possible downsides at all. That's naive beyond belief, but Brian said so, so goddamn it must be true. 

The world isn't black and white. This will fuck some stuff up, and people are going to be surprised. 

bronxblue

October 1st, 2019 at 9:59 PM ^

It's in fact not a slam dunk, and it's interesting you can't contemplate a world in which athletes going from 49/51% screwed to 51/49% screwed isn't a positive overall.  Yes, I'm sure this will have some negative consequences.  I've just contemplated them and recognize that the status quo isn't helping athletes at all, so why not try something else that is unlikely to be any worse?  Unless your fear is that changing literally anything will cause the Jenga tower erected by the NCAA to convince people that only old men in suits know how to use the billions of dollars generated by student-athletes to collapse, and that it would be a bad thing to happen.

I'm sure there will be unintended consequences.  And I'm just as certain people will react and respond as necessary to mitigate those issues.  Much like, I don't know, a powerful state recognizing that athletes are being exploited and passing a bill to address it.

But then again, I'm just parroting Brian's talking points and couldn't possibly be thinking of this intellectually.  And I'm still waiting on some real examples of stuff that could be legitimately fucked up.

bluebyyou

October 1st, 2019 at 3:31 PM ^

What would prevent a player from pricing his jersey at some ridiculous sum of money and have the very wealthy MGOQBCLUB OF THE WEEK, with similar funding as a PAC (anonymous donors), pay that player?

Take it one step further and say they offered to buy these high priced jerseys while the player is in HS?

What happens when players start fighting over not getting enough "playing opportunities, i.e. because more  opportunities correlate to more revenue?

Brian is entitled to his opinion but I see as many problems created as it solves.  Once money starts flowing, good luck.

 

 

CursedWolverine

October 1st, 2019 at 3:40 PM ^

It's already flowing, only currently it's going to the wrong people: handlers, administration, TVs in the bathroom stalls, etc..

This would make it more equitable. They're not introducing money to NCAA athletics. The money is already involved and it's not going away. It's just giving athletes back the rights every other student on campus has. 

CursedWolverine

October 2nd, 2019 at 9:42 AM ^

I wouldn't say it's irrelevant. Like you mentioned, I think you'd expect some of the money currently being spent on tickets, donations, box suites, advertising, etc. would be diverted to players. Maybe Bell Tire in Ypsilanti doesn't put an ad in the game program, but instead hires Ronnie Bell to do a TV ad instead.

It may not be an overwhelming percentage, but I think that's why schools/NCAA are fighting this so much. The pie is about to be split more ways and that will reduce everyone's rake in the interest of the players.

bluebyyou

October 1st, 2019 at 4:29 PM ^

With more and more players being able to transfer without restraint, I suspect you are OK with a transfer portal where most players will simply jump into the portal annually and head for the highest bidder unless rules restrain them  from doing so.  Such rules might be seen as anti-competitive and not be allowed. 

How about a player's union while we are at it?

What could possibly go wrong?