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Boise St Football with a bold move - Frosh not eligible for NIL

I'm good with it if it means no more Smurf turf on ESPN.
 
After UofL got caught up in the Bowen stuff, Billy Reed went on local radio and suggested freshmen should be ineligible their first year. Why? I guess because Louisville got in hot water, freshmen nationwide should be punished instead of the program he loved. That was stupid just like this statement is stupid. First, I don't believe a coach can pick certain players because of age and grade and make them ineligible in his program to profit from NIL in a world where NIL is legal and SCOTUS having already ruled on it. Second, his reasoning is stupid. Those players earned scholarship offers, so they can earn that but not actual money? And why freshman? That seems odd. Punish the youngest I guess? What makes this man think he gets to block an incoming player from making money on their name, image, and likeness? Spoiler: he can't. To anyone applauding his stance, we're not going backwards so if you want to pout about it, be my guest I suppose. Third, as others have stated, his stance is a program killer which is why he's going to walk it back like the Homer Simpson in the bushes gif and pretend he was misquoted or something.

I'm never going to have sympathy for coaches who make millions, can switch jobs whenever they like, and have the ability to be awful at their jobs, get fired, and still make millions (see Payne, Kenny). These are the last people who should be complaining about athletes under their watch making money. Embrace it or be left for dead as a program. It's an easy decision.
 
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.
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.
 
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.
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.

I literally asked you for cases that support your argument. I'm not sure how you equate that to missing your point. Lulz.

What cases support schools are given leeway to deny NIL to grad student or undergrad students in this case? What programs deny or have very strict limitations?

It seems pretty cut and dry to a non layman.
 
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He walked it back:

When we recruit freshmen, no NIL or collective (money) is promised to anybody. Now, any athlete can go out and get NIL opportunities in the community where they’re from or here at Boise State. That is up to them. That’s between them and what they want to do,” said Danielson.

“But for us, when we recruit young men, it is not about, if you come here, this is what we’re going to be able to do for you. This is how we’re going to develop you. We’re a developmental program. What I was talking about earlier today, all of the freshmen that come in here are not promised anything. They’re promised a chance to compete.”
 
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