For better or for worse, state and federal lawmakers have both played a role in shaping the narrative around name, image and likeness, often resorting to fearmongering to sway public opinion and influence legislation. Some of the most vocal lawmakers have seized upon existing anxieties about the commercialization of college athletics and the potential for exploitation of student athletes. Their focus on these fears has overshadowed other critical areas that require attention and action.
The unsubstantiated assertions of state lawmakers
At the state level, lawmakers have been at the forefront of NIL legislation, with varying degrees of regulation and restriction. Some have championed bills that provide clear guidelines and protections for student athletes, embracing the new era of athlete empowerment. However, others have used fearmongering to push for more restrictive measures.
One tactic employed by state lawmakers is to amplify concerns about competitive imbalance. They argue that NIL deals will disproportionately benefit schools with wealthier alumni bases and donor networks, creating an uneven playing field where financial resources dictate athletic success. This narrative taps into fears of a "pay-to-play" system that undermines the integrity of college sports.
Another tactic has been to raise alarms about the potential negative impact of NIL deals on student athletes themselves. Lawmakers express concerns that NIL will distract athletes from their academic pursuits, lead to jealousy and resentment among teammates, and create a culture of entitlement. The truth is quite the opposite. In a recent NIL Research Poll I conducted of over 1,000 student athletes, 92% said NIL had NOT changed their relationship with teammates.
The loud inaction of federal lawmakers
On the federal level, lawmakers have been unsuccessful in passing legislation, but just as vocal. They have echoed concerns raised at the state level about competitive imbalance and student-athlete well-being. However, their focus has often been on broader issues like antitrust implications and the need for federal oversight to ensure a level playing field across state lines.
Some federal lawmakers have used fearmongering to push for stricter regulations. They have raised concerns about the potential for NIL deals to be exploited by unscrupulous actors and to lead to a decline in academic standards. By stoking these fears, they aim to garner support for federal legislation that would impose stricter limitations on NIL activities.
The impact of fearmongering: distractions and real consequences
The fearmongering surrounding NIL has created a smokescreen that distracts from crucial issues with tangible consequences for student athletes and the college athletics landscape. While concerns about competitive imbalance and exploitation may be valid, the relentless focus on these fears has overshadowed other critical areas that require attention and action, including:
- Mental Health of Student Athletes: The intense scrutiny and pressure surrounding NIL -- 85% of which is social media influencer marketing done by college athletes -- can take a toll on the mental health of student athletes. The fearmongering narrative often overlooks the need for comprehensive mental health support systems for student athletes.
- Title IX Compliance and Gender Equity: The fear of NIL creating an uneven playing field has, ironically, diverted attention from the ongoing struggle for gender equity in college athletics. The fearmongering narrative risks further marginalizing women's sports by prioritizing revenue-generating sports and neglecting the broader goal of gender equity.
- Lack of NIL Education: The pervasive fearmongering has hindered the development and implementation of comprehensive NIL education programs for student athletes. Instead of equipping athletes with the knowledge and tools necessary to go land their first opportunity, the focus has been on potential negative consequences.
As the NIL landscape continues to evolve, it's imperative that we move beyond the fearmongering and focus on the real issues at hand. By shifting the narrative from fear to empowerment, we can unlock the full potential of NIL while protecting the values that make college athletics so cherished.
NIL Corner is a monthly column from SBJ Forty Under 40 recipient and NIL consultant and educator Bill Carter. Bill is the founder of Student-Athlete Insights.
