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Wright Hilbert

SPCH 140 – 013

3 March 2025

Informative Speech Outline

Topic: NIL (Name, Image, Likeness) in College Athletics

Introduction:

Attention-Getting (Wake up): Did you guys know that dozens of students on this

campus are making more money than The President of the United States?

This Concerns you: The financial opportunities and challenges of NIL affect students

(like us), fans, and the future of collegiate sports that we all enjoy.

Thesis: The introduction of NIL to College Athletics has revolutionized all sports by

granting student-athletes the ability to profit from their personal brands. It has impacted

recruiting and maintaining prospects, the competitive balance in conferences, and the

overall landscape of college sports. Understanding how NIL came to be, its long-term

implications, and its legal complexities is necessary to understand where college sports

could be headed.

[Transition]: Let’s start by exploring the origins and context of NIL in college athletics.

I. Main Idea: Context of the introduction of NIL: The introduction of NIL policies marked a

major switch in college athletics, but with it came legal battles, controversy, and more rule

changes

A) Background on College Athletics / Amateurism

1. For the first 50 years of the NCAA, they prohibited athletes from getting any sort

of compensation, scholarships included

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2. Up until 2021, the NCAA prohibited college athletes from accepting endorsement

fees/compensation for their NIL

a.​ The NCAA opened an investigation on TAMU star QB and Heisman

winner Johnny Manziel after suspecting that he was making a profit by

signing autographs. (HE ADMITTED TO MAKING 33k after the fact)

○​ Manziel was suspended for half of one game in 2013 for violating

the rule that banned students from allowing their names or

likenesses to be used commercially

b.​ In 2005, Reggie Bush’s Heisman Trophy was stripped away from him

after he “received improper benefits” during his USC career. (ESPN)

○​ When rules changed in 2021, allowing athletes to be compensated

for their Name, Image, and Likeness, Bush began campaigning to

get his trophy back

B) Legal / Athlete Pressure on the NCAA

1. O’Bannon v. NCAA

a.​ Ed O’Bannon discovered that his image was being used in the NCAA ‘09

video game without his consent and compensation

b.​ He sued EA and the NCAA on behalf of himself and other former D1

Atheltes, claiming that the “defendants restrained trade under the Sherman

Antitrust Act” (MIKEN)

○​ EA settled for $40 Million

2. Alston v. NCAA
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a.​ Shawn Alston (former WVU FBALL player) challenged the NCAA’s rules

for limiting compensations and arguing that they unfairly restricted

student-athlete earnings

b.​ They sued the NCAA, claiming its restrictions violated the Sherman

Antitrust Act, targeting the NCAA’s “monopsony control” (p. 18) over the

athlete labor market. (COURT CASE)

c.​ The court ruled that the NCAA’s rules were unfairly restrictive

○​ “patently and inexplicably stricter than is necessary”

d.​ As a result, this ruling allowed schools to offer “substantially less

restrictive” education benefits, leading to a “measure of compensation

more consistent with the value [athletes] bring” AKA the revenue they

bring in (tickets, merch, etc…)

○​ South Carolina football had $31 million profit in 2024

■​ $30.8 million in ticket sales

C). NCAA’s Rule Changes

1.​ Interim NIL policy

a.​ As a result of these cases, the NCAA suspended its historic restrictions on

athletes profiting from their NIL (starting July 1, 2021)

b.​ This allowed athletes to sign sponsorships, promote products, and make

money for social media work.

2.​ Impact of NCAA v. Alston

a.​ Allowed for MAJOR NIL deals in 2021, but…

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b.​ Brett Kavanaugh warned the NCAA’s “remaining compensation rules also

raise serious questions under the antitrust laws” (p. 42), hinting at future

challenges (COURT CASE)

3.​ Initial Inequality/Different Guidelines

a.​ At least 20 states require some form of NIL disclosure​

○​ Lousiana and Kentucky have passed laws PROHIBITING NIL

transparency (protects athlete privacy) (LINK)

b.​ The lack of a uniform policy has led to student-athlete confusion in

navigating NIL opportunities

[Transition]: Now that I’ve covered the origins, let’s take a deeper dive as to how NIL is

currently reshaping college athletics.

II. Main Idea: Immediate / Current Impact of NIL on College Athletics: As NIL policies

continue to evolve and transparency becomes necessary, athletes have started to benefit

significantly while simultaneously navigating the complicated landscape.

A) Financial Opportunities for Athletes

1. Athletes have been able to profit and earn their deserved payout (MENTION GT

SOMEHOW)

a.​ Some of the biggest athletes have signed million-dollar contracts to STAY

where they are

b.​ Star UofSC edge Dylan Stewart signed a $1.5 million EXTENSION for

the 2025 season. For example, with my work for Garnet Trust, UofSC’s

NIL collective, I assign Dylan to attend certain events so that he can fulfill

his contract and ultimately earn his money

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2. Social Media Monetization leads to better publicity for these athletes and teaches

them how to develop their own personal brand

a.​ “Developing a personal brand on social media means that your athlete is

strategically thinking about how they want to be seen and honing their

identity in a purposeful way.”

b.​ “While it's important not to commoditize a young athlete, if they do

continue to play sport in college and beyond, it's likely that they will be

expected to engage with social media, which can be challenging if they

haven't been allowed to develop an online presence and identity earlier.”

(USA FIELD HOCKEY)

B) Effects on Recruitment

1. NIL deals have started heavily influencing where top recruits go to school

a.​ Powerhouse schools have an advantage because “major brands are more

likely to prioritize players from certain schools” (p. 2) (PDF)

b.​ “better high school prospects are still attending better institutions” (p. 4)

2. Boosters Exploit NIL for Leverage

a.​ They will frequently “offer money to athletes as an incentive to attend

their respective schools” through transactions disguised as NIL

b.​ Though it is unethical, the practice helps sway commitments by

guaranteeing financial gain for the athletes.

C) Role of Collectives

1. A legal workaround to compensating student-athletes

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a.​ “members donate cash to a general pool. Then, the collective pay athletes

in a NIL-compliant manner in exchange for things like social media posts,

appearances at events, and other arranged perks.” (LINK)

○​ In the case of GT, they also pitch businesses to donate

(*EXAMPLE OF VICTORY LOGISTICS)

b.​ Contracts in turn for community service, appearances, and more

○​ All written out in contracts

○​ At least here, athletes will not get paid if they don’t do their

required work

2. Ethical concerns of the new landscape

a.​ Student-athletes could easily be taken advantage of by collectives, agents,

or businesses that offer unfair contracts

b.​ Many NIL contracts lack transparency… therefore it is hard for an athlete

to determine their worth when negotiating deals (CONTEXT)

[Transition]: With these current impacts in mind, let’s look ahead to what NIL could mean for

the future of college sports.

III. Main Idea: The Future of NIL in College Athletics

A) Evolution of College Athlete Compensation

1.​ REVENUE SHARING IS COMING (APRIL!)

a.​ House vs. NCAA

○​ A final approval hearing is scheduled for April 7, 2025

○​ When approved, “NCAA institutions that opt into the settlement

will be permitted to compensate their own student-athletes directly.

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According to estimates, the permissive cap imposed by the

settlement could be around $20-22 million in the 2025-26 year,

meaning any amount up to the cap could be used to compensate

student-athletes.” (UC)

■​ “a school can elect to share any percentage of its athletic

revenues as long as the total payout does not exceed $ 20.5

million annually. So in theory, a mid-major FBS school

could distribute revenue sharing to its athletes up to the $

20.5 million annual cap even if this might represent say

90% of its annual athletic revenues” (NCAANIL)

b.​ Impact on Smaller Schools

○​ NOT GOOD: “the average Power conference player can expect to

receive between 5 to 60 times what a non-power conference player

would receive”

2.​ Impact on Former Athletes & Coaching

a.​ “Former and current student-athletes who began competing in 2016

through Sept. 15, 2024 are eligible for name, image, and likeness (NIL)

backpay. Both parties negotiated a settlement to distribute $2.576 billion

to eligible student-athletes.” (UC)

b.​ The NIL landscape has led to many legendary ACC basketball coaches

stepping down

○​ Roy Williams, Coach K, Tony Bennet, Jim Larrañaga

■​ DETAIL FOR EACH COACH

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B) Still figuring it out…

1. “The NCAA has passed NIL legislation it hopes brings more transparency and

accountability, including disclosure rules for deals above $600 and the creation of a

deal database to help establish fair market value.” (AP)

2. “The NCAA recognizes that revenue sharing will primarily benefit athletes in only

a few sports. To address this issue, the organization has proposed to eliminate existing

scholarship restrictions on all D1 sports and instead substitute roster limits… the

scholarship limit in women’s rowing will increase from 20 to 68, in softball from 12

to 25 and in baseball from 11.7 to 34.” (NCAANIL)

[Transition]: As we wrap up, let’s reflect on the broader implications of NIL.

Conclusion: Recap of context and origins of NIL, emphasize its role in reshaping college sports,

As NIL continues to evolve, its impact will totally alter the future of college athletics, requiring

constant discussion and adaptation.

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References

Arunarth, M., & Gregorich, V. (n.d.). The Effect of the NIL on Recruitment. Journal of Student

Research. Retrieved February 27, 2025, from

https://www.jsr.org/hs/index.php/path/article/view/3629/1709

Heubeck, E. (2024, August 16). High school athletes can profit from brand deals. what that

means for schools; Name, image, and likeness deals, explained. Education Week.

Retrieved February 27, 2025, from

https://www.edweek.org/leadership/high-school-athletes-can-profit-from-brand-deals-wh

at-that-means-for-schools/2024/08

Kesin, L. (2025, February 19). South Carolina football had $31 million profit in 2024. So why did

athletics lose money? Greenville News. Retrieved February 27, 2025, from

https://www.greenvilleonline.com/story/sports/college/usc/2025/02/19/south-carolina-athl

etics-financial-report-deficit-football-basketball-dawn-staley-shane-beamer/79076734007

LaCasto, O. (2024). NIL madness: THE NEED FOR FEDERAL LEGISLATION TO GOVERN

student-athlete MONETIZATION OF name, image, AND LIKENESS. Loyola of Los

Angeles Law Review, 57(4), 1049-1107.

Litan, R. (2019, October 28). The NCAA's "Amateurism" Rules What's in a Name? Milken

Institute Review. Retrieved February 27, 2025, from

https://www.milkenreview.org/articles/the-ncaas-amateurism-rules

Maine, D. (2025, February 21). How Livvy Dunne became one of the most famous names in

sports. ESPN. Retrieved February 23, 2025, from

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https://www.espn.com/college-sports/story/_/id/43938472/olivia-livvy-dunne-lsu-gymnas

tics-ncaa-nil

Name, Image, Likeness. (n.d.). NCAA.

https://www.ncaa.org/sports/2021/7/9/name-image-likeness.aspx

NCAA v. Alston, 594 U.S. 18 (9th Cir. June 21, 2021).

https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf

O'Rourke, P. (n.d.). NCAA Revenue Sharing & NIL Estimates 2025. NIL-NCAA. Retrieved

February 27, 2025, from https://nil-ncaa.com/

Reddy, S. (2024, May). NIL and Data Transparency: Implications for Student-Athletes.

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athletes/GLTR-05-2024/

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problem or part of a solution? AP News. Retrieved February 27, 2025, from

https://apnews.com/article/ncaa-settlement-nil-934586dfc58035a79d1477358b9bb339

Sadek, N. (2023, July 20). NCAA Athletes Left Exposed as Efforts to Tighten NIL Rules Stall.

Bloomberg Law. Retrieved February 27, 2025, from

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o-tighten-nil-rules-stall

Samaha, A., Giambalvo, E., Dougherty, J., & Galocha, A. (2024, October 21). The hidden NIL

economy of college sports.

https://www.washingtonpost.com/sports/interactive/2024/nil-money-deals-college-sports-

athlete-pay/
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6 Ways Social Media Impacts Athlete Identity. (2024, December 2). USA Field Hockey.

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athlete-identity

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Thamel, P. (2024, April 24). Reggie Bush gets Heisman Trophy back 14 years after forfeiting.

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returned

Understanding How NIL Collectives Work. (2024, June 30). Rootnote. Retrieved February 27,

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Young, R. (2021, June 3). Johnny Manziel claims he made $33,000 for autographs at Texas

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