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The point about commercial speech was to highlight that your initial point about First Amendment was overly broad. Commercial speech is treated differently and it’s not clear where the court would land on this if Boise State were challenged. They might win or they might lose, but if you have your broad view of the First Amendment with respect to NIL, one could argue that the various state NIL laws are more of a problem than Boise State’s policy.But you're limiting their expression, by limiting the terms of that expression. Are non paying NIL deals likely to reach the same audience and levels of paid NIL deals?
They apply central hudson. But that wouldn't apply to the athlete. That would apply to the company airing the commercial speech. So, no I wouldn't agree at all.
Although, which part of that test would you honestly think applied here?
This would be a primary form of income, though. And which cases say any form of income doesn't have a property right?
I've already assesed it. This would very likely never hold up to a court challenge.
Lol, it's not overly broad at all, commercial speech simply doesn't apply to the athlete if he isn't the one advertising it.The point about commercial speech was to highlight that your initial point about First Amendment was overly broad. Commercial speech is treated differently and it’s not clear where the court would land on this if Boise State were challenged. They might win or they might lose, but if you have your broad view of the First Amendment with respect to NIL, one could argue that the various state NIL laws are more of a problem than Boise State’s policy.
And you’ve missed my point about income limits as well, which was also meant to highlight your view about income was overly broad. The fact of the matter is that in numerous situations, both private and public organizations are allowed to prohibit someone from earning income from a third party.
Schools are given leeway to set their own limits on how much graduate students can earn from outside sources, and there are some individual programs have very strict limitations that prevent a student from earning anything beyond what they receive as part of their financial aid package.
Point being, this isn’t as cut and dry as you’re suggesting.
How much NIL money do you think the UConn basketball players were pulling in this season?Easy way to ensure your program stays down. Not saying I disagree with the sentiment, though.