If Tennessee chooses state law over NIL pledge, it risks being kicked out of SEC

#51
#51
No legal eagle here, but the NCAA and the conferences are threatening universities with exclusion from athletic competition if they follow the laws of their own state or if they refuse to waive all of their legal rights. So schools are threatened with legal execution if they do not commit legal suicide. The threats are existential and unacceptable, so the schools will fight them in courts. I think the NCAA and conferences are trying to regain control with naked coercion in a big showdown, but they will lose and rue the day. I don't know what will happen to the huge television contracts if the conferences are whittled down. That seems like the only real power they will have left after losing this fight.
 
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#52
#52
hog88 said:
It would be legit for the NCAA to ban booster collectives. Players would still be free to make as much as they can from their NIL, they would just have to find them on their own.
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I would think banning a booster collective would fall under the blanket of preventing the indiviuals from profiting off their name. That may be trying to split a hair that is too thin to split.
 
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#54
#54
Do you think we would get a fair shake with a “clearinghouse”? Do you think the same rules would apply to all?
 
#56
#56
loservol said:
Looks like either TN complies or joins the AAC.
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As we'll never get a fair shake from the SEC when going against the league pets bama, uga and texas, I don't care if we stay or not....and yeah I know our history with this league. Sick of being a whipping boy. Bet we could take our pick from the other conferences. I'd almost roll the dice as an independent than bow before the SEC on this one.
 
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#58
#58
We should move to the big 12. It’s win win !! We could finally maybe possibly win a conference championship. And the team might actually meet the fan’s expectations
 
#63
#63
Let me see if I've got this. Tennessee enacts legislation that's basically a safety valve, allowing its universities to act independently to ensure that we're not doing anything that falls afoul of antitrust concerns. So even if we're participants in something like the House settlement, we don't have to do something that Tennessee decides would be illegal and would be exposing itself to liability unnecessarily. Like, say, artificially imposing limits on income in a way that's considered to be restraint of trade.

Power conferences get wind of this and try to impose a loyalty pledge that would supersede state law (good luck with that). There's talk about kicking Tennessee out of the SEC if we refuse to play ball, because presumably the laws we enacted to ensure we're not compelled to do something illegal, are seen as being a way to allow us to circumvent any agreement and do whatever we want to one-up everyone else.

One side of this sounds a lot like collusion, like wmcovol said, just kicking the can down the road while some fundamental issues about the legality of externally controlling how much student athletes can earn remain unaddressed. And the other side sounds like us. Kudos to Bill Lee, Johnathan Skrmetti and anyone else involved, for having the cajones to take the "let's just rip this band aid off now" approach. Too bad it puts us front and center, again, but we're in the right here.
 
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#64
#64
BARknox bouncer said:
We should move to the big 12. It’s win win !! We could finally maybe possibly win a conference championship. And the team might actually meet the fan’s expectations
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Ugh. No. Just no.

Might as well move to London (no offense to LondonVol) and change our name to the Silly Nannies.

Playing in the B12 would be embarrassing. Things like that should be held for some sort on punishment for really bad things. Kind of like low level criminals picking up garbage on the highway-that kind of thing, Like OK-your program got busted breaking all sorts of rules so now you can either play in the B12 for five years or get the death penalty. Most would choose the death penalty which would be more honorable
 
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#66
#66
CAVPUT said:
Well, the Big 12 is already a joke, but the Big 10 would intrigue me. Wonder if our brand would allow us to be competitive as an independent?
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As an independent, the Vols could probably sign an exclusive contract deal with the CW for Broadcasting rights.
 
#67
#67
ArmchairQB said:
Let me see if I've got this. Tennessee enacts legislation that's basically a safety valve, allowing its universities to act independently to ensure that we're not doing anything that falls afoul of antitrust concerns. So even if we're participants in something like the House settlement, we don't have to do something that Tennessee decides would be illegal and would be exposing itself to liability unnecessarily. Like, say, artificially imposing limits on income in a way that's considered to be restraint of trade.

Power conferences get wind of this and try to impose a loyalty pledge that would supersede state law (good luck with that). There's talk about kicking Tennessee out of the SEC if we refuse to play ball, because presumably the laws we enacted to ensure we're not compelled to do something illegal, are seen as being a way to allow us to circumvent any agreement and do whatever we want to one-up everyone else.

One side of this sounds a lot like collusion, like wmcovol said, just kicking the can down the road while some fundamental issues about the legality of externally controlling how much student athletes can earn remain unaddressed. And the other side sounds like us. Kudos to Bill Lee, Johnathan Skrmetti and anyone else involved, for having the cajones to take the "let's just rip this band aid off now" approach. Too bad it puts us front and center, again, but we're in the right here.
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All this as you say... kicking the can down the road....is just a waste of time and resources. It's obvious where this all ends up. Like it or not and for better or worse, players will be employees with unionization, collective bargaining and yes strikes. Schools and the NCAA just need to swallow hard and move forward. We'll be trading one set of problems for another, but the toothpaste can't be put back in the tube here. Not sure why this is so hard for them. It's inevitable.
 
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#68
#68
^^^ I think this has to be the outcome. Understanding that NIL can never be capped now, but boosters will have a strong preference for pay-for-play.
 
#69
#69
I’d like to hear from Vanderbilt and Memphis representatives on how they feel about this state law.

I am all for protecting the players’ rights to earn. This whole mess could be resolved by allowing schools to pay players via binding contracts. It would be up to each program and each player to agree to their own terms based on what they find acceptable.
 
#70
#70
Bama is looking forward to no longer having to play the Vols in the near future. Read Danny White's comments, appears a split from the SEC is imminent.

bamahammer.com

Kicking the Tennessee Volunteers out of the SEC is getting serious

A few days ago, a suggestion that Greg Sankey should kick Tennessee out of the SEC was more fanciful than practical. While the Vols and their henchmen in the Te
bamahammer.com bamahammer.com
 
#71
#71
adam.vol said:
I’d like to hear from Vanderbilt and Memphis representatives on how they feel about this state law.

I am all for protecting the players’ rights to earn. This whole mess could be resolved by allowing schools to pay players via binding contracts. It would be up to each program and each player to agree to their own terms based on what they find acceptable.
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Memphis is a G5 program, so it doesn't affect them. Vandy is the one you have to watch out for. My money is on them complying with the SEC demands, since they are a private institution.
 
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#72
#72
dduncan4163 said:
It's the same thing. They're just trying to dress it up. The Supreme Court has already ruled on this 9-0. As long as the The Sherman Antitrust Act is law they have no leg to stand on. In the end the only solution is a Collective Bargaining agreement
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This is the NCAA just trying to work around the rulings, and pretty much a last gasp attempt to wield power they have already lost. I feel they will no longer exist within two or three years.
 
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#75
#75
volbound1700 said:
Also SEC and NCAA are stupid to ask Tennessee and Vandy to sign it. You can't make a contract that violates law, it is unenforceable. Both schools could sign it all day but the agreement would get struck down. It is basic contracts 101.
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Exactly, and any attempts to punish for not signing it would itself be an anti-competitive act met with extreme judicial prejudice. Just the mere fact the SEC has asked for a pledge shows just how weak the potential settlement is.

Once this can of worms was opened you can't put it back in the can. The NCAA isn't just in trouble for losing football, they're likely to no longer exist at all. The problem is and always has been the non-profit, tax exempt status of universities. How can you run college football as part of a university sponsored activity and avoid this? And why the ultimate outcome is one that I fear will happen sooner or later. It's a conundrum and why college sports will likely have to separate from the Universities. Can't wait for the day when Alabama's football team decides to relocate to LA because they didn't get a new stadium. Sigh.
 
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