Over 20 conservative organizations have voiced their support for the SCORE Act, a new proposal aimed at regulating college athletics, particularly around athletes’ rights and compensation. This initiative, detailed in a letter to the Speaker of the House, seeks to offer the NCAA a limited antitrust exemption, which would help prevent athletes from being classified as employees of their schools. The idea here is to shield the NCAA from potential lawsuits related to eligibility guidelines.
The letter describes the SCORE Act as a solution rooted in free-market principles, emphasizing individual rights and minimal government intervention in the context of name, image, and likeness (NIL) rights in college sports.
In 2021, the NCAA vs. Alston case set the stage for expanded NIL rights, allowing schools to provide additional educational benefits to student-athletes. However, since then, a confusing array of state laws has emerged, highlighting the need for a federal solution to create consistent NIL rules.
Supporters of the SCORE Act argue that it represents a practical approach to streamline rules and eliminate the confusion brought about by varying state regulations. Specifically, the proposed legislation would ban trial lawyers from pursuing lawsuits under federal or state antitrust laws and clarify that athletes receiving NIL compensation wouldn’t be considered university employees—keeping them out of potential union structures. This is framed as treating student-athletes more like small business owners rather than traditional employees.
Comparatively, conservative factions believe the SCORE Act offers a more favorable framework than the Democratic-backed SAFE Act. The SAFE Act intends to alter the Sports Broadcasting Act of 1961, which could lead to more pooled media rights among conferences—a move its supporters claim could infuse billions into college athletics.
Critics of the SAFE Act argue it poses significant risks, allowing for excessive litigation against athletic departments and redefining student-athletes as employees, which might force many into unions merely by accepting NIL compensation. They further allege that it would introduce a form of national control over college sports broadcasting rights, something they believe should be left to the universities themselves.
The SCORE Act has found backing from 31 Division I athletic conferences, ranging from small colleges to historically black universities, who see it as a viable solution for protecting student-athlete opportunities. According to supporters, the path is clear: they are urging Congress to stand behind the SCORE Act while opposing the larger, more intrusive measures proposed by the SAFE Act.
Ultimately, the SCORE Act instructs institutions not to use student fees for funding NIL payments, ensuring that funding comes from other sources. It was introduced earlier this year and has garnered attention and support from various senators, including Ted Cruz from Texas.
