The debate over the transparency of Name, Image, and Likeness (NIL) contracts for college athletes is getting louder. At first, people argued about whether these contracts should be public under state sunshine laws.
But things have changed. The House v. NCAA settlement now lets schools pay athletes directly, and that’s shifted the whole conversation.
This new reality has made some folks more worried about secrecy. Advocates say that keeping these deals under wraps chips away at public trust and makes it harder for athletes to be treated fairly.
The New Mexico Foundation for Open Government (NMFOG) has even taken state universities to court, demanding they release the contracts. It kind of shows how urgent the push for transparency in college sports has become.
The Evolution of NIL Contract Transparency
Back in June 2021, the question of how open NIL contracts should be was already a hot topic. The Uniform Law Commission (ULC) was trying to draft model laws for the states, but they didn’t settle the contract disclosure question.
Schools had to collect NIL contracts for NCAA compliance. But there were worries about student privacy and trade secrets, so a lot of schools pushed back against making them public.
Advocates for Transparency
People like Frank LoMonte and Rachel Jones have spoken out for more openness. In their Temple Law Review article, *Blowing the Whistle on NIL Secrecy*, they lay out why these contracts should be open to scrutiny.
They’re convinced that transparency is key for fairness and equal opportunity, especially for female athletes under Title IX. It’s hard to argue with that logic.
The House v. NCAA Settlement and Its Impact
The House v. NCAA settlement has made things even messier. Now, schools can pay athletes directly, but the details are still kept secret.
Schools are using the same excuses—FERPA and trade secrets—to keep these new agreements hidden. But when public money is involved, shouldn’t the public get to know where it’s going?
Legal Challenges and Public Interest
NMFOG has filed lawsuits against New Mexico and New Mexico State universities. They argue that payments from public universities should be public record.
They’re not just talking about fairness; they’re also worried about Title IX compliance. If everything’s secret, how can anyone know if female athletes are getting a fair shot?
The Role of Transparency in College Sports
Transparency isn’t only about fairness for women’s sports. Male football and basketball players—who usually get the biggest slices of the pie—also benefit from seeing what others are earning.
When contract info is out there, all athletes can compare deals and negotiate smarter. It just seems more honest that way.
The Big Lie About Revenue-Sharing
There’s a big, awkward truth at the heart of all this. The House settlement says the money schools pay athletes is for their NIL rights, not for what they actually do on the field.
It’s a narrative that helps keep the idea of amateurism alive. But let’s be real: once contracts are public, it’s obvious this is a business relationship between schools and the athletes who make everything happen.
Conclusion: The Need for Transparency
Advocates for athletes’ rights shouldn’t fall into the same old transparency double-standards that have held back progress for years. It’s time to actually push for open records, whether that’s coaching contracts or athletic budgets.
Open access matters. Without it, how can college athletes ever expect fair treatment—or the public trust how schools spend taxpayer money?
If you’re curious and want to dig deeper, the original Sportico article has more details. Check it out here.
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