Boise St Football with a bold move - Frosh not eligible for NIL
- Thread starter TankedCat
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Easy way to ensure your program stays down. Not saying I disagree with the sentiment, though.
For sure. Complete program killer in this climate. Oh well
Kiss his job good bye. That ain't going to fly at all
In football where your roster is 80+ deep, they're obviously going to be a lot more selective with NIL. If you're in contention for impact freshman, top guys then, sure, write the check. But they're recruiting at Boise St. How many of those guys are they going after? I think it makes perfect sense. And if you have a decent NIL pot for the size of the program, then it means you're in line for possibly more money at that school than their competitors if you do prove you're worth it. Smaller pool of players getting paid = more money for those that do get paid.
Also the coach says clearly that any deal they scrounge up in their community, around town, etc., is totally fine and more power to them. In other words, they're eligible for the NIL that was originally intended.
In some ways it makes a lot of sense for the school and I could see this catching on. Why invest anything in a kid that is going to bolt after one season?
The reality is they need to get kids on contracts but then they have to admit that it’s now just lower tier pro sports.
The reality is they need to get kids on contracts but then they have to admit that it’s now just lower tier pro sports.
I'm going out on a limb here and say they can't do that. NIL isn't between the college and the player, and the school shouldn't be in a position to dole it out.
Sounds like a great idea to get good players! I heard all the coaches their first year only make 25k as well until they prove themselves.
I'm ALL for this. It seems so many people are willing to cast aside their principles in favor of titles. Boise St is doing the right thing. The NBA needs to just allow these kids to go to the NBA straight out of high school, or requires two years of college basketball WHERE THEY DON'T HIDE ON THE BENCH.
He has since backed off that statement. They Freshkan can go get NIL on their own but won’t be guaranteed money to come to Boise St
You may like what they're doing but I doubt the courts will.
Again… it’s like no one really understands what NIL is “supposed” to be. Boise State has no authority to tell freshman they can’t earn NIL money. They can say Boise State isn’t going to engage is orchestrating and offering such deals (which I don’t think they’re “supposed” to be doing… but everyone seems to be doing it anyway). But a freshman can engage in any NIL deals that may be presented to them as much as they wish, regardless of what the University says.
IT's a great idea, but it's too late. The NCAAcould have negociated that from the beginning. No one will follow Boise's lead, unfortunately.
I don't disagree that any player can negotiate NIL money, but ON THEIR OWN TIME. Athletic departments are competing pimps and that should've been avoided.
Prime example is QB Quinn Ewers (Texas). From a couple of years ago.......
'Though he was not a factor on the field for the Buckeyes, Ewers capitalized on new rules allowing college athletes to benefit off their name, image and likeness, signing an NIL deal reportedly worth $1.4 million over three years. A principle factor in Ewers' decision to reclassify and enroll at Ohio State a year early...'
On what grounds would Boise State lose in court?
Idaho has no NIL law preventing this. And because this is Boise State making a decision on their own, and it’s not based on an agreement with other schools to do the same, then this isn’t an antitrust issue.
It’s certainly a foolish decision in terms of competing for recruits, but what exactly do you think is the legal issue?
Just kind of a silly way to battle this NIL stuff. The box has been opened and you ain’t controlling it like this. Not in a productive manner anyway.
The NIL/portal need reworked. That simple. But one coach saying we ain’t paying your first year ain’t it. That’s top of the list for getting recruits in this current mess of a system.
The NIL/portal need reworked. That simple. But one coach saying we ain’t paying your first year ain’t it. That’s top of the list for getting recruits in this current mess of a system.
You probably have several to choose from.
This is essentially violting a 1st amendment right to speech/expression. There's no government interest or benefit in limiting a certain segment of college football players from earning a legal income at a public university. A highly doubt this would survive any standard of review.
I would also see a potential due process issue as property rights are covered under the 14th amendment, and courts have already found that economic earnings/benefits are a form of a property interest. Depriving players that right certainly seems to deprive them of property in that sense. It also seems to deprive them of a liberty, which is also covered by the 14th amendment. In Meyer v Nebraksa, SCOTUS ruled that "liberty denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”
In Bolling v. Sharpe, they stated “ liberty is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective.”
Seems like this would also be discriminating based on age/education level.
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Go review the Supreme Court case on NIL. There is no way a school can block the student from getting NIL.
I’ve read the case numerous times, and I would suggest you read it as well. That case had nothing to do with NIL.
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I guess it’s kinda cool, I mean freshman don’t play usually at all. Work and earn the cash but that will kill recruiting and it’s probably gonna be deemed illegal, and open them up to a massive lawsuit. So pretty dumb, especially when the NCAA is about to settle on billions for revenue sharing.
Pretty sure the Supreme Court ruled that preventing people from earning money on their name, image and likeness was illegal so I’m not sure this will hold up in court. He’ll probably get fired before it gets that far.
Weird. Legally the school and coach cannot stop a freshman from getting NIL.
However the coach still has authority to cut you for whatever reason he sees fit.
So if a freshman gets NIL and the coach cuts him, even if the coach says “played bad last game, can’t help team, cut him.”…
Have we now opened up a coach cutting a player to a lawsuit and court decision?
However the coach still has authority to cut you for whatever reason he sees fit.
So if a freshman gets NIL and the coach cuts him, even if the coach says “played bad last game, can’t help team, cut him.”…
Have we now opened up a coach cutting a player to a lawsuit and court decision?
There has to be a framework where some governing body is allowed to ensure things work for the school and player. Protections for both, and that actual NIL payments are known so these bogus requests and numbers won’t happen anymore. Right now if the NCAA rules on anything they get sued into oblivion, it’s all their fault of course but it’s the Wild West now.
The challenge with the First Amendment angle is that the school isn’t actually limiting the athletes’ right to expression. They are limiting their ability to receive compensation in exchange for that expression. A Boise State athlete would still be allowed to offer a non-paid endorsement of a product or service. Additionally, paid endorsements are a form of commercial speech, and the courts view that differently under the First Amendment than something like political speech, would you agree?
As to the property rights perceptive, there are also numerous examples where courts have permitted limitations on the ability of individuals to earn outside or secondary income, for both the private and public sector. How would you assess the applicability of those circumstances to the situation of a Boise State athlete?
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.
No doubt. They put themselves in a horrible position and it is going to be really hard to walk it back.
I won’t be walked back but eventually someone needs to have some authority to stop transfers at will, establishment of guidelines that level the playing field a little, and ability to punish schools who do illegal things again. Right now they can’t stop anything.
I believe so, especially in this climate. Very weird he made this public because it can be treated as discrimination and if they are stopping them from making money which are illegal.
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