Welcome home, fellow Gator.

The Gator Nation's oldest and most active insider community
Join today!

Trump jettisons NIL

Discussion in 'Too Hot for Swamp Gas' started by akaijenkins1, Jul 24, 2025 at 5:07 PM.

  1. wgbgator

    wgbgator Premium Member

    32,871
    2,205
    2,218
    Apr 19, 2007
    Its definitely about the management / master class and their sympathizers seeing daddy Trump and a GOP NLRB as their best chance to control if not quash rising player power in college athletics
     
  2. TheGator

    TheGator Basement Gator Fan Premium Member

    25,705
    20,474
    6,523
    Jun 20, 2008
    Utah
    We finally agree on something.

    [​IMG]
     
    • Funny Funny x 3
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  3. CHFG8R

    CHFG8R GC Hall of Fame

    7,962
    695
    443
    Apr 24, 2007
    St. Augustine, FL
    And he knows that, which is why he feeds them the emotional candy they so crave. But you and I and everyone with a brain knows this is going nowhere.

    Meanwhile, it's probably Defcon 5 in the White House trying to keep the ranting toddler from taking the bait and suing Paramount/South Park. LOL!!!! That was just pure gold and you know he is losing his crap over it.
     
  4. ajoseph

    ajoseph Premium Member

    8,025
    2,848
    2,998
    Jan 15, 2008
    The EO really doesn’t change anything form a legal perspective. But so far, Congress hadn’t found the subject worthy of legislating. I hope Trump’s EO gives them the proverbial push in the rump to get something workable passed
     
  5. tampajack1

    tampajack1 Premium Member

    10,504
    1,802
    3,103
    Apr 3, 2007
    This doesn’t have shit to do with the left. As to Trump‘s executive order, these NIL rules are already in effect as the result of the House vs NCAA settlement. I heard Trump is about to come out with a really great idea, which is to build a mile high wall on the southern border that will be paid for by Mexico.
     
  6. jhenderson251

    jhenderson251 Premium Member

    3,509
    612
    2,043
    Aug 7, 2008
    According to constitutional law scholars that I've spoken to, this is wrong. Until challenged and/or overturned in courts, EO's do in fact function as law.
     
    • Like Like x 1
  7. wgbgator

    wgbgator Premium Member

    32,871
    2,205
    2,218
    Apr 19, 2007
    That's all well and good, but the only way that it can be tested is if a school or athlete makes some deal that runs counter to the order. Is the federal government going to take them to court if pushed? If they do, the case against restraining trade is not a homerun for anyone seeking to impose some kind of limit on compensation in the market. We are here now because the free market case is in favor of the athletes and those wishing to compensate them. Perhaps schools will be cautious and compliant, but they are also in competition for talent, and bending/breaking the rules is tradition in college sports. I don't see how any government imposed "cap" could stand up to legal scrutiny
     
  8. BLING

    BLING GC Hall of Fame

    10,106
    1,068
    3,093
    Apr 16, 2007
    I assume it would require some type of “anti-trust exemption” granted by congress, which is how the pro-leagues are able to operate with things like salary caps for players and owners meetings (otherwise known as business collusion).

    I think the cat is out of the bag and college sports as we knew them is pretty much a lost cause at this point, maybe they can at least put the kabash on the truly farcical stuff like players doing 4 schools in 4 years for NIL handouts or guys getting 6 or 7 years eligibility (and whose to say 6 “schools” in 6 years won’t happen as long as we allow both things to happen). They at least need some kind of enforceable contracts or something, even if not a full salary cap system.
     
    Last edited: Jul 25, 2025 at 10:47 AM
    • Winner Winner x 1
  9. wgbgator

    wgbgator Premium Member

    32,871
    2,205
    2,218
    Apr 19, 2007
    Well in the case of pro sports, unions are agreeing to the salary caps as part of a collective bargaining effort - so there is mutual consent, players gain other things in exchange, etc. I cant think of much of anything where there is some kind of formal salary cap that both parties haven't agreed to. It seems like they are just hoping the "you cant make athletes employees" is some kind of magic ward that makes it all kosher.
     
  10. BLING

    BLING GC Hall of Fame

    10,106
    1,068
    3,093
    Apr 16, 2007
    Yes, other than occasional labor dispute or argument over who gets a slice of the pie it seems to work quite well for the different leagues. My point was just that a lot of those business activities would be illegal in other contexts, but we allow for them in sports.
     
  11. wgbgator

    wgbgator Premium Member

    32,871
    2,205
    2,218
    Apr 19, 2007
    That's true. I mean, the "you cant make athletes employees" thing worked for decades when they didnt compensate players at all. I'm sure it could hold for some time here if athletes are content with their compensation and don't want to rock the boat. I think it would take some organizing among athletes to really rock the current status quo. Seems like the order anticipates this somewhat by making the case "non-revenue" sports need to be looked after.
     
  12. GatorBen

    GatorBen Premium Member

    6,727
    1,167
    2,968
    Apr 9, 2007
    The thinking here seems to be to have the federal government impose the allegedly anti-competitive system itself - ie, this wouldn’t be a case of Congress saying “you’re free to collude amongst yourselves to create an anticompetitive system,” it would be the Department of Education saying “you shall do this arguably anticompetitive thing.”

    That’s potentially a decent solution to the antitrust problems - the antitrust laws don’t apply to the federal government, the federal government by definition cannot violate them, and everyone else would be able to say “we aren’t doing this because we conspired with one another to limit competition, we’re doing it because the federal government told all of us we had to.” Effectively the same argument as to why the federal government can impose a minimum wage, but every non-collectively bargained worker in the country getting together and saying “we all agree that none of us will agree to work for less than $7.25/hour” would probably be a price-fixing conspiracy.

    The legal issue it may have more trouble with is the question of whether there’s any legislation or constitutional principle actually granting the Department of Education the authority to do that in this context in the first place.
     
    • Informative Informative x 1
  13. GatorRade

    GatorRade Rad Scientist

    9,597
    1,941
    1,498
    Apr 3, 2007
    Right here
    This justification doesn’t sound as ludicrous as I assumed it would, but I still can’t imagine it passing muster. And as much as I do not like the effects of NIL, I also hope it doesn’t stand, as it could open up a lot of channels for government control of commerce.
     
    • Agree Agree x 1
  14. jhenderson251

    jhenderson251 Premium Member

    3,509
    612
    2,043
    Aug 7, 2008
    I think the more likely pathway would be continuing his trend of attempts to revoke funding via Title IX (or student loans or grant funding for private institutions) from organizations deemed noncompliant with the EO.

    Which means it's most likely just to be used as another tool in his "bullying and shakedown" toolbox.
     
    • Agree Agree x 1
  15. CHFG8R

    CHFG8R GC Hall of Fame

    7,962
    695
    443
    Apr 24, 2007
    St. Augustine, FL
    Also, what about existing contracts?
     
  16. GratefulGator

    GratefulGator GC Hall of Fame

    2,089
    659
    2,013
    Oct 15, 2016
    Boulder Colorado
    Link?
    So, the Dems tell Trump what to do and what not to do? Yeah, right.
     
  17. Gatorrick22

    Gatorrick22 GC Hall of Fame

    91,366
    27,544
    14,613
    Apr 3, 2007
    Lol...

     
  18. GratefulGator

    GratefulGator GC Hall of Fame

    2,089
    659
    2,013
    Oct 15, 2016
    Boulder Colorado
    If Trump finds a way to reign in NIL, it will be the highlight of his term along with the re-sugarization of CocaCola.
     
    • Funny Funny x 2
  19. GratefulGator

    GratefulGator GC Hall of Fame

    2,089
    659
    2,013
    Oct 15, 2016
    Boulder Colorado
    Who in the hell is Eric Daugherty?
     
  20. homer

    homer GC Hall of Fame

    3,308
    978
    2,078
    Nov 2, 2015

    There is no control with nil as it relates to businesses, only each school.

    Boosters of schools who own businesses have for years paid players “under the table”. All nil has done is bring it out into the open.

    No EO can tell me the owner of Homer Buckets that I can’t pay DJ Lagway 10 million dollars a year to sit at the corner of Archer Road and 34th Street wearing a Homer Bucket shirt 20 minutes every fourth day and wave at cars as they drive by. Congress doesn’t regulate what someone receives in compensation for their advertising services. The ussc has ruled that way.