2021-07-01. Statement on Behalf of Athletes Regarding NCAA Interim Name and Likeness Policy

2021-07-01. Washington, D.C.—The Center for Athletes' Rights and Education (CARE) exists to educate athletes, uphold their rights, and defend their freedom.

We have great concerns with the fourth bullet point of the NCAA's new interim name and likeness policy to which they are subjugating athletes.

"Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school."

In future Supreme Court cases, it is our view that the Court will consider this bullet point in light of the crucial question—

Are athletes really being released to enjoy rights and freedoms, which have been wrongly denied to them for so long by the NCAA, when athletes are expected to report every action related to their very own personal name and likeness?

From this fourth bullet point, it is clear that the NCAA plans to develop an oppressive set of reporting requirements that will not truly set athletes free, but even further enslave those who honor our nation in the role of student athletes.

For example, according to this new policy, every time an athlete exercises their First Amendment rights and posts a picture of themselves at their favorite health drink restaurant in their Instagram story to get a dollar off their order, they will have to fill out paperwork and submit it to their school for NCAA compliance, or risk a fickle-minded NCAA official taking away their eligibility at a whim.

Therefore, this is our urgent admonition and plea on behalf of athletes to everyone at all levels of administration and oversight within the NCAA, conferences, or individual institutions, collectively and individually—unless you want to face the worst legal consequences imaginable, both professionally and personally, then immediately cease and desist from your horrific and dishonorable plans for writing yet more corrupt rules and policies that contain loopholes for yourselves but Catch-22s for athletes and others. Instead, try letting athletes have the rights and freedom that truly belong to them, and which you have wrongly tried to steal away from them for so long.

Moreover, many court decisions in the past have made it clear that such policies as this fourth bullet point are nothing less than oppression and intimidation.

In fact, as recently as in a Supreme Court decision issued today, the Supreme Court stated that "chilling" someone's free speech, even via an innocuous-seeming reporting requirement, is a violation of the First Amendment.

Specifically, the Supreme Court stated today that, "every demand that might deter association 'creates an unnecessary risk of chilling' in violation of the First Amendment."

It is almost certain that in upcoming cases the Supreme Court will be analyzing all NCAA policies regarding name and likeness with great scrutiny, looking out for the best interests of athletes.

After our fantastic Supreme Court's incredibly wonderful unanimous decision 10 days ago against the NCAA, it is clear that the Supreme Court is an advocate for athletes and is clearly anticipating opportunities to issue adverse opinions against the long-time abuses of the NCAA.

It is especially noteworthy that in this truly historic 45-page document, that our honorable Supreme Court unanimously and eloquently exposed the NCAA for what it has corrupted itself to become: "a massive money-raising enterprise."

And, at the very end of this document that will prove to be so deadly to the NCAA is this sentence: The NCAA is not above the law.