Recently the Supreme Court has been reviewing cases that extend beyond the basic premises of the constitution. One case of interest to universities is the National Collegiate Athletic Association (NCAA) v. Alston. At the heart of this case is the status of college sports. Especially the mandate of the NCAA for student-athletes to remain within an amateur model. Within this system, student-athletes are compensated via scholarship rather than directly paid for their performance as an athlete. College sports have become very lucrative for institutions and those associated with the programs. The NCAA made $18.9 billion in 2019 (source: NCAA) with media rights generating $3.44 billion alone. Similarly, licensing, royalties, and advertising generated $1.1 billion. This category not only includes team merchandise but also endorsements and the usage of athlete likenesses in video games.
Shawne Alston, a West Virginia football player, and lead plaintiff contend that the NCAA has worked within a system that has restricted competition. In other words, the NCAA has not allowed student-athletes to negotiate wages, endorsement rights, and other licensing agreements. In essence, Alston stated that the business model used by the NCAA violated anti-trust laws. The NCAA countered by stating that they operate outside antitrust laws because they maintain amateur status. Furthermore, the NCAA also maintains that consumers have choices as the current model distinguishes college sports from professional sports.
However, in oral augments last week, the justices did not seem swayed by the NCAA’s arguments. Justice Elena Kagan remarked during a 95-minute hearing that “the way you talk about amateurism is high-minded” ( https://www.scotusblog.com/2021/03/justices-employ-full-court-press-in-dispute-over-college-athlete-compensation/) Other justices sounded skeptical on the NCAA arguments. A decision on this case is expected in July of this year.
The outcomes for this case not only affect college athletics, but have direct implications for other parts of a university’s identity, culture, and finances. If the supreme court does find the NCAA has violated anti-trust laws, the federal government may exercise its right under the Sherman Antitrust Act. This case could lead to several different scenarios that have direct implications for music programs at universities throughout the country.
The first is that the court does not find the NCAA has violated anti-trust laws and stymied the rights of student-athletes to negotiate compensation for their endeavors. In this case, the current system would remain in place and what we currently see will stay in place. Students could still work through state legislative branches or try to find a solution via congress, but change under this model would be time-consuming and expensive.
The second scenario would be a decision that would change the terms that exist within the current model. The benefits universities offer student-athletes could be freed and not capped by the NCAA. This could be beneficial for all collegiate sports (field hockey students could be offered packages that go well beyond standard academic models today. Band members in highly sort after instruments could also benefit from greater incentives to attend a particular institution) or it could create a system in which Division I schools begin re-writing the rules for what benefits a student could receive from a recruiter. Eventually, this could lead to only a few conferences spending hundreds of millions of dollars on staying competitive. Many institutions that could not compete at this level would see a reduction in funding and many Title IX sports, as well as music programs, may be closed.
The final scenario is a decision that ends the current NCAA amateur system. College sports could develop semi-professional models with universities gaining revenue via licensing agreements for name and likeness. Taking universities out of this equation would also mean the purpose of providing athletes, and musicians as well, with free education or reduced tuition, could end. Traditional marching bands could very quickly become a thing of the past in this model as corporate entities would look at models that bring the highest return on investment.
With music programs closing or facing closure throughout the country, the linkage to collegiate sports is still one that provides departments, as well as students an opportunity to exist. The traditions’ close association between music departments and sports teams has been important for students who are either performance majors, music education majors, or minors due to their participation with the college band. These fragile links, if broken, may lead to many other music departments facing difficult questions in an environment that is moving further away from the arts.
The Analytical Musician 