How New York State's New NIL Law Impacts Syracuse

All Syracuse spoke with a legal source to get more insight.

New York State modified its NIL law and it appears to strip power from the NCAA. Here is how the modification reads: 

(d) An athletic associated, conference or other group or organization with authority over intercollegiate athletics, including but not limited to the NCAA, shall not and shall not authorize its member institutions to: 

(i) prevent a college from participation in intercollegiate athletics because a student-athlete in attendance has previously earned or intended to earn compensation for his or her name, image, or likeness; 

(ii) entertain a complaint, open an investigation, or take any other adverse action against a college for engaging in any activity protected in this section or for involvement in a student-athlete's name, image, or likeness; or

(iii) penalize or prevent a college from participation in intercollegiate athletics because an individual or entity whose purpose includes supporting or benefitting the college or its athletic programs or student-athletes violates the collegiate athletic association's rules or regulations with regard to a student-athlete's name, image, or likeness.

All Syracuse spoke with a legal source in order to get further clarification on the impact of this modification. 

"Just reading it on its face right now, it sounds like the NCAA can't do anything in New York to enforce anything having to do with NIL," the source said. "State law would trump any private regulations the NCAA has with its member schools in New York." 

The source did indicate the NCAA could attempt to circumvent state law by bringing a case at the federal level in order to attempt to gain authority over punishing what it deems are violations of its rules. However, the source stated a federal NIL law would have to get passed in order to do that. 

It is worth noting that the NCAA has lost every case related to student-athlete compensation, treatment and NIL that has been made its way to the Supreme Court. Could this mean the NCAA would shy away from taking cases to federal court? 

The other notable part of the verbiage in the law is that it prevents the NCAA from opening an investigation or taking other action against a college "for involvement in a student-athlete's name, image, or likeness." "Involvement in" could be very wide ranging. It could be interpreted as a school facilitating NIL deals as part of recruiting processes. The NCAA currently prohibits such actions, but this law would strip any power for such violations. 

New York is the latest state to pass a law essentially stripping any authority the NCAA has to punish schools for NIL related violations of its private laws. Other states have already and more will in the near future. The NCAA issued a memo in late June essentially telling member schools to ignore such state laws and follow its rules instead. A school challenging that would likely lead to an eventual court case. 

Lastly, the modified NIL law is not expected to alter Syracuse Athletic's operations within the NIL space. At least for the time being. 

SUPPORT ALL SYRACUSE

SUBSCRIBE TO ALLSYRACUSE.COM NOW TO GET ACCESS TO EXCLUSIVE INSIDER CONTENT

CLICK HERE TO SUBSCRIBE TO THE FREE ALL SYRACUSE NEWSLETTER TO GET THE LATEST ORANGE UPDATES SENT TO YOUR INBOX

JOIN THE ALL SYRACUSE FORUMS FOR FREE AND DISCUSS THE ORANGE WITH OTHER FANS AND OUR STAFF