• Loading stock data...
Thursday, March 28, 2024
2024 Best Venues nominations are open now through April 8! Submit Now

The Background

  • Oral arguments were heard today in the landmark college athlete compensation Supreme Court case, NCAA v. Alston.
  • While the case centers around "education-related benefits," it's really amateurism that’s on trial.
supreme_court
Design: Alex Brooks

In their list of demands, the basketball players who staged this month’s #NotNCAAProperty movement made a plea to the Supreme Court.

“[Do] not give the NCAA any power to deny us equal freedoms.”

Depending on the outcome in NCAA v. Alston, the high court could do just that. The ultimate ruling, which will come this summer, could give the NCAA permanent legal grounds to never pay players. 

The case reviews a circuit court ruling saying the NCAA violated antitrust law by limiting the amount of “non-cash education-related benefits” that schools can offer FBS football and basketball players.

Oral arguments were heard today — a few days before unpaid athletes continue basketball tournaments that make the NCAA billions.

The History

For decades, the NCAA has poured millions in legal fees into defending amateurism — paid for by the revenue basketball players generate.

The last time the Supreme Court heard an NCAA antitrust case was the infamous 1984 Board of Regents. The court’s opinion included the following pro-amateurism language that the NCAA still touts today.

“In order to preserve the character and quality of the ‘product,’ athletes must not be paid, must be required to attend class, and the like.”

About twenty years later, former UCLA basketball player Ed O’Bannon sued the NCAA for not paying him for the use of his name, image, and likeness. 

In 2015, the Ninth Circuit heard an appeal. Its decision forced the NCAA to provide educational benefits up to the cost of attendance. The Supreme Court then refused to hear the case.

The O’Bannon decision came shortly after West Virginia football player Shawne Alston first filed his case — the one the Supreme Court is hearing today. 

O’Bannon gave Alston a narrow path to further challenge the NCAA’s limits on educational benefits.

The Stakeholders

It’s not just college athletes, the NCAA, and schools who care about the decision. Third-party companies prepping for name, image, and likeness legislation are also watching intently.

Today, even the acting solicitor general argued on the athletes’ side.

“It’s not something that happens every day,” Jaime Miettinen, athlete advocate and founder of Miettinen Law, told FOS of the executive branch’s intervention.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NCAA President Calls for Nationwide Ban on College Prop Bets

The NCAA president is reacting to the recent betting turmoil in sports.
Mar 21, 2024; Brooklyn, NY, USA; Stetson Hatters guard Stephan Swenson (30) reacts during team practice at Barclays Center.

First-Time NCAA Men’s Tourney Bids Could Be on the Verge of Extinction

Power and success are consolidating around the richest teams in college sports.

Ian Eagle Is Ready to Get March Madness Started

He succeeds Jim Nantz as the lead play-by-play announcer for CBS and TBS.

ESPN Locks Up a $7.8B College Football Playoff Extension

Network chairman Jimmy Pitaro announced the six-year deal at a conference Tuesday
podcast thumbnail mobile
Front Office Sports Today

MLB Opens Season With MLBPA, Ohtani, and Ownership Dramas

0:00
0:00

Featured Today

March 22, 2024, Brooklyn, NY, USA; Northwestern Wildcats guard Brooks Barnhizer (13) and Northwestern Wildcats guard Boo Buie (0) react in overtime against the Florida Atlantic Owls in the first round of the 2024 NCAA Tournament at the Barclays Center.
March 27, 2024

‘An Expensive Game’: March Madness and NIL Collectives Are Intertwined

At schools nationwide, collectives are fueling NCAA tournament runs and vice versa.
Iowa’s Caitlin Clark (22) waits to be announced in the starting lineup against West Virginia in a NCAA Tournament round of 32 game Monday, March 25, 2024 at Carver-Hawkeye Arena in Iowa City, Iowa.
March 26, 2024

The Women’s Trading Card Market Is Overlooked. Can Caitlin Clark Change That?

Traditionally, women’s sports cards have been a marginal part of collectibles.
The Sports Illustrated cover signed by Derek Jeter and Alex Rodriguez, February 27, 2019, at Don & Charlie's, 7501 E. Camelback Road, Scottsdale. Don Charlie S
March 24, 2024

Everything You Need to Know About the Ongoing ‘Sports Illustrated’ Saga

Understanding the strange state of affairs for the nearly 70-year-old publication.

Careers

Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
Live Nation
Multiple - USA Careers
Adidas
Multiple - USA Careers
Spotify
Multiple - USA Careers

How Lack of Planning by NCAA, Gonzaga Led to Racial Abuse of Utah Athletes

The NCAA gave Gonzaga a waiver to place teams in an extremist hotbed.
March 25, 2024

The Brian Kelly ‘Hit Job’ Kim Mulkey Ripped Is Barely About Brian Kelly at All

The article was hardly about Kelly at all.
March 25, 2024

The Pac-12’s Departing Members Have Inked Their Divorce Contract

The settlement resolves a lawsuit brought last fall.
Sponsored

How Daily Fantasy Sports Solved NBA Fantasy

The remarkable growth of the #1 Discord sports server in the world.
March 23, 2024

The Good, the Bad, and the Ugly: Inside the Big East’s Bizarre Online Subculture

Peeling back the curtain on the ‘phenomenally weird’ Big East online ecosystem.
March 22, 2024

March Madness Upsets Reflect Deeper Changes in College Landscape

Calipari laments the reduced role in the sport for younger players.
March 21, 2024

Is Bigger Better? Coaches Divided on March Madness Expansion

Expanding the men’s NCAA tournament has been a big talking point this week.
March 21, 2024

Ready for Liftoff: Women’s Hoops Set to Break March Madness Viewership Marks

The women’s NCAA tournament tips off Friday afternoon.