College Athlete Economic Freedom Act
Summary
The College Athlete Economic Freedom Act aims to establish name, image, and likeness (NIL) rights for college athletes. It prevents institutions and athletic associations from restricting athletes' ability to market themselves. The bill also addresses collective representation, equitable institutional support, and the rights of international college athletes.
Expected Effects
This act would allow college athletes to profit from their NIL without affecting their eligibility or grants-in-aid. It also mandates equitable support and prohibits discrimination based on gender, race, or sport. International athletes would gain specific protections regarding visa status and employment authorization related to NIL activities.
Potential Benefits
- Economic Empowerment: College athletes, including international athletes, gain the right to earn compensation from their name, image, and likeness.
- Fairness and Equity: The act promotes equitable support regardless of gender, race, or sport.
- Protection from Collusion: Institutions are prohibited from colluding to limit athlete compensation.
- Collective Bargaining: Athletes are granted the right to form collective representatives.
- Legal Recourse: Athletes have a private right of action to address violations of the act.
Potential Disadvantages
- Potential for Exploitation: Despite protections, athletes may still be vulnerable to exploitation by agents or collectives.
- Enforcement Challenges: Ensuring compliance with equitable support provisions may be difficult.
- Unintended Consequences: The act's impact on college sports and amateurism is uncertain.
- Increased Litigation: The private right of action may lead to increased litigation.
- Administrative Burden: Institutions and the FTC will face new administrative burdens related to reporting and enforcement.
Constitutional Alignment
The act aligns with constitutional principles by promoting individual economic liberty and equal protection. By preventing institutions from restricting athletes' rights to their NIL, the act supports the concept of individual property rights, though not explicitly mentioned in the Constitution, is a fundamental concept. The Commerce Clause (Article I, Section 8) provides Congress with the power to regulate interstate commerce, which includes intercollegiate athletics and related economic activities. The equal protection aspects of the bill align with the 14th Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).