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RE: Notre Dame, Big 10 or SEC? The Trajectory of the Two Strongest Conferences
(07-10-2023 09:40 PM)AllTideUp Wrote: (07-10-2023 07:07 PM)BeepBeepJeep Wrote: (07-10-2023 06:06 PM)AllTideUp Wrote: (07-10-2023 02:40 PM)BeepBeepJeep Wrote: What, exactly, is Georgia Tech supposed to do then? They aren't getting an invite to rejoin the SEC, and the other southern schools are going to blackball them for making a smart choice for themselves if the B1G invites them?
This doesn't bode well for how Vanderbilt is going to be treated in the future if things get tough.
Side note, travel isn't going to be more costly than ever. At minimum, airline fuel costs will stay static or decrease as there will be a surplus of high grade oil (refined into Jet-A) as EVs grab ever increasing shares of the number of cars on the road. The US, Canada, and probably parts of Australia/Russia are the only places where current EV tech isn't sufficient (mostly due to range concerns and the impact of cold weather on range) to replace nearly all existing passenger vehicles. And we're not even getting into what 10 more years of battery tech improvements will look like (e.g. solid state batteries and their energy density improvements).
And as I've said repeatedly, the Supreme Court won't rule that student-athletes are employees now and forever, they'd rule that student-athletes should be classified as employees under the existing rules that universities apply to them. And then the universities will change the rules and guidelines applied so that legally the student-athletes are not considered employees. Which, as another reminder, the universities could make their student athletes full employees today if they wanted to, BUT THEY DON'T WANT THAT.
Nor does the NFL/NBA want to see college sports become a professional league competitor (which it would be if you removed the student [and thus 5 years of eligibility rule] part). The NFL and NBA choose to restrict who they can draft based on age in order to let colleges be a de facto minor league (less so for the NBA lately given the G-League and rising Euro importance). If they see a threat in the top 30-50 universities becoming (or licensing their brands to) unrestricted pro sports leagues that compete on their turf they will simply bury them. The NFL will get the no playing on Saturdays rule eliminated, because it's not going to have any reason to stand that they cannot play on Saturdays simply to protect a now professionalized "college" football league. The NFL will also start drafting 17/18 year olds and put them in a minor league baseball-esque development league, probably one that plays in the late winter/early spring, and probably one that's located in cities the NFL isn't fully in, like Birmingham, or Norman, or Columbia (either), etc.
Which leads me to my main point - your scenarios all envision how the SEC is going to triumph over the B1G, which I'd evaluate as ill-founded, petty, and extremely unlikely to happen anyway, but even if you're completely right and I'm completely wrong, your plan completely misses the point that if that ever happens then the NFL is going to squash the super SEC like a bug. It'll be a pyrrhic victory at best. College football exists as it does today and has grown into this giant money maker BECAUSE THE NFL IS RESTRICTED (partially by choice, partially by law) FROM COMPETING WITH IT.
What are universities going to do to circumvent a SCOTUS ruling on the nature of employment for college athletes?
To your general tenor, it's a bit nonsensical. The NFL is by no means all powerful and they can't simply "get the law changed" if they don't like it. For one, the NFL maintains certain legal advantages as well. If we want an environment of pure competition then it's not a one-sided equation. The NFL is a private enterprise that exists purely to make money, colleges do not exist for that reason which alters the dynamics from several different perspectives.
If for no other reason, college football already undercuts the NFL's ability to make its highest profit. Yes, the NFL wins one on one in broadcast windows, but they do that with everyone else too. Even the World Series doesn't compete against the NFL and MLB is plenty rich.
There are reasons these laws exist. The same Congress you're talking about represents the people and communities those schools benefit. They won't get the shaft when it comes to Federal law. The only thing they're getting now is pushback from generations of poor labor practices, nothing different than any other industry would get. To my point, they're pretty much the last holdout in that regard. if that doesn't speak to their favored place in society then I don't know what would.
Remember, all the members Congress went to school somewhere...they get their donations from somewhere...and they have all sorts of economic ties to institutions and industries back home. Major universities are almost as tied to the fabric of our society as religion is. Is it any wonder they generate somewhat similar levels of passion?
"What are universities going to do to circumvent a SCOTUS ruling on the nature of employment for college athletes?"
I don't know how to explain any better that this isn't how the SCOTUS ruling would work, nor what SCOTUS would actually be deciding as it pertains to employment law. I blame the media for treating judicial decisions as a team-based sporting event where the headline is about specific scenarios/outcomes that immediately result from a SCOTUS decision, rather than any attempt to actually convey or explain the ruling in detail.
The Sports Broadcasting Act of 1961 protected the amateur leagues of college and high schools sports while they are in-season from being trampled by the NFL. If college sports no longer have any claim to amateur status, then there is no basis for the US government to restrict the NFL from broadcasting on Saturdays.
Fair enough on the last point, but that doesn't really address why Congress would be interested in such a law in the first place. Amateurism isn't the key component, it's the fact that the institutions we're talking about carry an importance beyond simply entertainment or revenue generation through broadcasting. Remember that the money colleges and conferences are making is a relatively new phenomenon.
That trend didn't begin until after Georgia and Oklahoma sued the NCAA. That's what allowed schools to actually own their rights. Before that ruling, the NCAA owned everything and these schools certainly weren't making millions of dollars off of TV back in the 60s. Hardly anyone was even on TV back then. Really, it wasn't even until the advent of cable TV that conferences were in a position to earn much of anything.
Speaking of cable TV, some argue the Sports Broadcasting Act was only supposed to apply to OTA broadcasting anyway. In other words, leagues combining their rights to go on linear cable wouldn't necessarily violate antitrust laws. Considering that's a pretty sizable loophole over the course of the last 3 decades, I think it's interesting that no one has ever pushed the envelope.
More to the point, the Act pertains to specific professional leagues and specific antitrust exemptions. It's not simply a catch-all for anything that's professional. I don't see any reason to assume it's authority would completely dissipate in the wake of college athletes becoming employees.
My overall conclusion, especially considering the developmental advantages that colleges provide the NFL, is there are reasons beyond the Sports Broadcasting Act that keep detente, if you will.
But I think you're glossing over my question about the potential SCOTUS ruling. Employment law is fairly well established, certainly at the Federal level. Outside of a tweak here and there, what are schools/conferences going to do that would circumvent a court ruling that classified college athletes as employees? I repeat the question because your initial point didn't seem to rely on the legalities of amateurism in order to establish the ability of schools to govern their own affairs in such a regard.
Quote:And as I've said repeatedly, the Supreme Court won't rule that student-athletes are employees now and forever, they'd rule that student-athletes should be classified as employees under the existing rules that universities apply to them. And then the universities will change the rules and guidelines applied so that legally the student-athletes are not considered employees.
Not trying to be pedantic, but this doesn't sound like an argument rooted in the Sports Broadcasting Act.
But anyway, the potential pitfalls of employment has actually been my argument all along as people have desired that athletes get straight payments. You're either a student or an employee of a university. You can be both in some sense, sure, but one always supersedes the other. If college athletes are making big money and are classified as employees then I don't see any wiggle room.
I think some are correct when they say schools/conferences will simply come up with a contract structure that keeps everything in working order and hopefully those contracts emphasize the importance of education or the NFL will be the least of college football's problems.
They will not be able to get around it. And many don't really want to.
Maybe Division III can change their rules enough. Make it look more like club sports. Hard to see Division II being able to. No way Division I can.
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