The Senate Commerce Committee's hearing on the 'Protect College Sports Act' was a fascinating, if somewhat predictable, affair. It's clear that the NCAA and its member institutions are seeking a government bailout, a license to break the law without fear of accountability, after decades of antitrust violations. This is a concerning development, and one that raises important questions about the future of college sports.
One thing that immediately stands out is the lack of performative nonsense and grandstanding that is often seen in committee hearings. This is encouraging, but it also means that the real issues are not being addressed. The devil is in the details, and the proposed legislation contains a provision that allows the prevailing party in any litigation to recover attorneys' fees and litigation expenses. This is a common device used by the government to enhance the available resources for policing and enforcing the law, but it also has the potential to prevent lawsuits and cause potential plaintiffs to punt on potential lawsuits.
The issue of agents also came up multiple times during the hearing. It's clear that agents need to be regulated, but the NCAA and its member institutions are not embracing the whole truth. The NFL's Commissioner has the power to impose rules as a result of collective bargaining with the players, and if the NCAA were to embrace a unionized workforce, the union would have the power to do the same for college agents.
The hearing also raised questions about the impact of paying players in high-revenue sports on low-revenue sports. It's clear that the efforts of players in high-revenue sports should not subsidize the sports that don't pay for themselves. The colleges need to figure out a way to finance sports that don't pay for themselves, and picking the pockets of profitable programs is not the fair and just way to do it.
In my opinion, the real problem is that the folks in charge don't like the fact that those who previously got nothing are getting plenty. They've been trying to create a false crisis in order to change the laws, and this is a concerning development. The American way is, or should be, to find a way to do business in compliance with the laws that everyone else is expected to respect. But when the American way is to run to Uncle Sam and ask to be bailed out of a problem that the party seeking a Congressional gift created, it's a cause for concern.
Overall, the hearing was a fascinating, if somewhat predictable, affair. It's clear that there are important questions to be addressed, and the future of college sports is at stake. It's up to the NCAA and its member institutions to figure out a way to address these issues in a fair and just manner, and to stop trying to create a false crisis in order to change the laws.
