Thursday November 30, 2023

Opening Briefs in NCAA v. Alston Use Old Arguments

  • The NCAA and FBS conferences have submitted opening briefs for what could be a landmark Supreme Court case, NCAA v. Alston.
  • Briefs submitted by the NCAA and conferences for NCAA v. Alston show the NCAA will continue to espouse a decades-old legal argument.
Hannah Gaber-USA TODAY
Copy Link
Link Copied
Link Copied

The NCAA and FBS conferences have submitted opening briefs for what could be a landmark Supreme Court case, NCAA v. Alston, and its conjunction case, AAC v. Alston.

The arguments at the March 31 hearing will center around whether the NCAA violates antitrust law by limiting the “education-related” benefits for football or basketball players.

Based on the briefs, the NCAA will continue to espouse a decades-old legal argument. The Supreme Court will decide whether the argument still holds, and whether the NCAA must alter its entire business model.

The Big Deal About Antitrust

Whether the NCAA is violating antitrust law — and whether it can secure an exemption from Congress or the Supreme Court — could influence:

  • Whether the NCAA could use an antitrust exemption to prohibit group licensing and the portrayal of real athletes in EA’s new college football video game 
  • Whether it could prohibit athletes from being subject to employment law
  • Whether its business model can continue to rely upon not paying athletes

Old Argument is New Again

They continue to center their legal arguments around the “amateurism” argument, their briefs revealed.

The NCAA claims its product is popular with fans because athletes are amateurs — meaning they’re unpaid. By compensating athletes for playing, the argument goes, college sports lose their competitive luster in the sports market.

“The NCAA amateurism principle has governed college sports for generations, and has been recognized by courts as central to the enterprise throughout that time,” the Big Ten’s brief said. “It cannot be seriously contended that the eligibility rules were created to disguise an anticompetitive conspiracy.”

Copy Link
Link Copied
Link Copied

What to Read

The College Football Playoff is considering rotating TV networks for the national championship game.

CFP Considers Super Bowl-Like Rotation For National Championship Game

Multiple networks could share rights to the championship game, sources told FOS.
Delaware receiver Kym Wimberly leaves St. Francis defenders behind as he turns a reception into a touchdown in the final minute of the first half at Delaware Stadium, Saturday Sept. 16, 2023.

Delaware to Pay $5M to Move to Conference USA, FBS

Delaware will be the first football program to pay the FBS $5M.
Notre Dame and NBC have extended their longstanding media rights deal.

Notre Dame and NBC Extend Media Rights Agreement To 2029

The Irish will receive about double their current payouts, sources said.
A court has delayed Washington State and Oregon State's ability to take control of the Pac-12.

Washington State Supreme Court Puts ‘Pac-2’ Control On Hold

The 'Pac-2' won't be able to control the board just yet.
podcast thumbnail mobile
Front Office Sports Today

What’s Next for Mark Cuban, Mavericks After $3.5B Sale?


Featured Today

The future of the Pac-12 rests on a court decision.
November 24, 2023

The Pac-12 Plays Its Final Regular-Season Game. Then A Court Decides Its Fate.

The conference's future rests with a court decision.
Lane Kiffin
November 9, 2023

Ole Miss, Lane Kiffin Lawyers Argue for Dismissal of Player Lawsuit

FOS obtained audio of Lane Kiffin's interaction with the player behind lawsuit.
LSU Lady Tigers head coach Kim Mulkey reacts against the Iowa Hawkeyes during the NCAA Womens Basketball Final Four National Championship at American Airlines Center.
November 6, 2023

Who Is The Highest-Paid Women’s College Basketball Coach?

LSU rewarded Kim Mulkey after winning a national title after her second year leading the program.


Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
Multiple - USA Careers
Live Nation
Multiple - USA Careers
Saco Bay PT
Multiple - USA Careers
Oregon State and Washington State appear to be making contingency plans to operate as a two-school conference while their lawsuit against the Pac-12 winds through state court.
November 28, 2023

Oregon State, Washington State Make Contingency Plan as Lawsuit Delayed

It will take at least another month for a court decision.
November 30, 2023

Power 4 Commissioners Split On Fate of Conference Title Games

Georgia and Alabama play in Saturday's SEC Championship Game.

NHL’s Chris Foster on Amplifying Content Distribution With Automation

Learn how the NHL is using WSC Sports to increase fan engagement.
Michigan head coach Jim Harbaugh's comments on athlete compensation highlight the NCAA's hypocrisy.
November 27, 2023

Jim Harbaugh’s Athlete Compensation Comments Highlight NCAA Hypocrisy

Harbaugh can donate to athletic department employees, but not players.
November 26, 2023

Schools Owe Fired CFB Coaches A Record $118M In Buyouts (So Far)

Firings over the weekend broke a record for buyout figures.
Ohio State Buckeyes linebacker Steele Chambers and Ohio State Buckeyes linebacker Cody Simon tackle Michigan Wolverines running back Hassan Haskins during the first quarter of their NCAA College football at Michigan Stadium in Ann Arbor, MI on November 27, 2021.
November 21, 2023

Ohio State-Michigan Records Priciest Ticket In Rivalry History

The cheapest ticket to Saturday's game is $676 on the secondary market.
The NCAA and Power 5 conferences filed an appeal of a ruling in the House v. NCAA NIL case.
November 21, 2023

NCAA, Power 5 Conferences Challenge Latest Ruling in House NIL Case

They could be on the hook for billions.