On the General Issue of NCAA Athletes Getting Paid:
“There are so many question marks out there.”
– Tim Tebow, on the future of the NCAA
In the above video, Tim Tebow highlights several issues that could arise without a universal law to govern the payment of NCAA athletes. He addresses the same fears that the NCAA itself is facing as different legislation is being pushed in different states.
Another public figure, Dallas Cowboys wide receiver Amari Cooper, expressed his position on California’s law in an interview with the Dallas Morning News.
“I think all student-athletes suffer from economic exploitation when it comes to the relationship between how much money the NCAA makes off their work and how much they get compensated for it,” said Cooper, former University of Alabama wide receiver. “I think it’s a good thing.”
dallasnews.com
On the Status of NCAA Athletes as Public Figures vs Private Citizens:
Beneath the surface of new laws that will allow for the compensation in the NCAA are the ethical and legal implications of such a decision. Stephen Silver, an associate attorney at Ogletree Deakins specializing in sports law, does not foresee change when it comes to college athletes and determining their status as private citizens or public figures. He notes that star athletes, whether they are paid or not, are public figures in a court of law.
Silver draws on the example of UCLA gymnast Katelyn Ohashi, who gained a large following after a video of her perfect floor routine went viral in 2019.
With this larger amount of fame could potentially come the price of a larger burden of proof in a defamation or invasion of privacy case. And while Ohashi might not have initially sought the amount of notoriety she has received, Silver argues that by choosing to participate in UCLA gymnastics, a widely acclaimed college athletics program, she forfeits any potential claim to be a private citizen.
“Once that video went viral and had millions and millions of views, arguably she’s become a public figure.” Silver said.
Ohashi herself would likely agree that she is a public figure; not only for her viral floor routine, but for her many media appearances and endorsement deals that followed.
What is missing from this analysis is whether it is ethical for another UCLA gymnast to be deemed a private citizen simply because their video on the UCLA Gymnastics Twitter page might not have as many views as Ohashi’s.
American University law professor, Claire Griggs, believes that athletes like Ohashi make conscious decisions to be in the public eye.
“While it’s inconsistent, and the law doesn’t like inconsistencies, in this case, I think it would be ethical for one member to be a public figure while others remain private citizens,” Griggs said. “Ultimately, there is a matter of choice.”
The Ethical and Legal Implications of the Future NCAA Landscape 