A federal judge in Tennessee on Friday granted a preliminary injunction that “prohibits the NCAA from punishing any athletes or boosters for negotiating name, image and likeness deals during their recruiting process or while they are in the transfer portal.” The injunction is “not a final ruling in the case,” but the judge's decision will "likely have an immediate and dramatic impact on how NIL deals are used in the recruiting process.” U.S. District Judge Clifton Corker determined that the attorneys general have a "reasonable chance of winning their case" and that athletes "could suffer irreparable harm if the restrictions remain in place while the case is being decided.” Corker said that the NCAA's lawyers did “not make a compelling argument for why using NIL contracts as recruiting inducements would undermine the academic side of college sports” (ESPN.com, 2/23).
The decision applies "until the court case plays out.” The ruling “covers the entire country, preventing the NCAA from enforcing its NIL rules against any school and giving student-athletes latitude on signing deals” (USA TODAY, 2/23). Friday’s ruling is a “broadside against the NCAA’s existing NIL policy” and “boils down to this: For now, the NCAA can no longer prohibit collectives using NIL money to entice athletes to pick a school, which generally happens in football and men’s basketball recruiting.” The ruling also "doesn't bode well for the NCAA’s enforcement power long term” (WASHINGTON POST, 2/23).
Even the most ardent advocate of traditional NCAA amateurism would “surely concede that the party is over.” NCAA President Charlie Baker has already "proposed sweeping changes" that would “allow schools to directly compensate athletes.” Ole Miss Grove Collective Exec Dir Walker Jones said, “People are going to look at this (decision) as, ‘Wow, this is crazy,’ but this will actually help stabilize what’s going on out there.” He added, “The athletes can now gather all the information (about NIL opportunities) to make the most informed decision” (THE ATHLETIC, 2/23).
