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Nothing really matters until the lawyers are done lawyering
I'm mostly being serious here....at least about House and athlete compensation
Good morning, and thanks for spending part of your day with Extra Points.
Quick note: I will be at NACDA in Orlando, Florida from June 8-10. In fact, our entire company is coming to NACDA. If you’d like to catch up with me or any of my colleagues, drop me a line at [email protected], and let’s schedule a time to talk! We’re here to give demos of Extra Points Library, talk sponsorships, or just catch up and grab beverages.
Here’s the thing with writing about sports. Eventually, there will be games. Those games will produce statistics, film, winners, and losers. The games are on TV, and the reader at home will be able to watch most of what us scribes see in the press box. There is a shared reality that even the most partisan fan will have a hard time ignoring.
So I can stick a microphone in front of coaches, players, or analysts who say that they think their team will be able to do XYZ. But then, eventually, we can turn on the TV and see if the team actually did it. We can’t construct an independent media apparatus where XYZ actually did happen. Our sources can’t work the proverbial refs until XYZ happens, or that fans believe XYZ happened. The Buckeyes either won last night, or they didn’t.
Increasingly, I don’t think that happens as much for other beats, especially politics. Sure, we have elections, which you’d think would present some dataset that would represent a shared reality, but increasingly, that isn’t the case. The interpretation of various real world or political stories can be siloed into partisan echo chambers, so consumers can still live in a world where their candidate or party or ideology is still undefeated, completely isolated from consequences.
I think this development creates all kinds of complicated questions for reporters. How do you cover what is actually going on in a way that readers will trust? How do you not get worked by your sources? How do you not accidentally write the same damn story, day in and day out?
Which brings me to the biggest college sports story. Lawsuits.
In case you missed this on Monday evening, Yahoo’s Ross Dellenger reported that the major conferences are working on a path to protect themselves from the inevitable lawsuits over the NIL clearinghouse. Specifically: asking schools to waive their right to sue, at the potential risk of getting kicked out of their conferences. Via the story:
Officials from the Big Ten, SEC, Big 12 and ACC are circulating a draft of a groundbreaking and first-of-its-kind document intended to prevent universities from using their state laws to violate new enforcement rules and, in a wholly stunning concept, requires schools to waive their right to pursue legal challenges against the new enforcement entity, the College Sports Commission.
The document, now viewed by dozens of leading school administrators, would bind institutions to the enforcement policies, even if their state law is contradictory, and would exempt the CSC from lawsuits from member schools over enforcement decisions, offering instead a route for schools to pursue arbitration.
…
The document is meant to be signed by all power conference schools, perhaps as well as others opting into the settlement, as a way to bind the group and provide stability around the enforcement of rules. That includes, most notably, decisions from the new Deloitte-run NIL clearinghouse, dubbed “NIL Go,” an entity expected to more strictly enforce booster pay.
The consequence for not signing the agreement is steep: a school risks the loss of conference membership and participation against other power league programs.
“You have to sign it,” says one athletic director who has seen the document, “or we don’t play you.”
This is especially notable, as Dellenger mentions, because Tennessee just passed a state law that would allow schools in the Volunteer State to ignore NCAA rules about athlete compensation. Other states have laws on the books that would allow athletes to simply elect to not disclose any NIL activity to the clearinghouse.

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