Montana Athletes Accept NIL Compensation to Endorse Jon Tester

Two University of Montana soccer players have entered an NIL partnership with political activism group Montana Together to endorse incumbent senator Jon Tester in an important election

Senator Jon Tester (D-Mont.) listens to Secretary of Defense Lloyd J. Austin III at a Senate Appropriations Subcommittee on Defense hearing. / Jack Gruber, Jack Gruber / USA TODAY NETWORK

Roughly two weeks ago, news surfaced that a largely unknown Montana political group, Montana Together, had contacted University of Montana athletes offering NIL compensation in exchange for a social media endorsement of incumbent Democratic senator Jon Tester. Athletes at the University of Montana were offered NIL deals ranging from $400 - $2,400, depending on services provided, to produce scripted or unscripted social media videos supporting Tester and his policies. 

Montana Together is not affiliated with the Jon Tester campaign, which has publicly stated that it was unaware of the activist group's behavior. The senator currently trails Republican challenger Tim Sheehy by as much as 8% in a race that will likely affect which party holds control of the Senate for the next two years. 

According to Federal Campaign Laws, political candidates can pay for endorsements as long as they are publicly disclosed. Since Montana Together is a separate entity from the Tester campaign, the value of these endorsements does not need to be transparent; however, any social media engagement of this nature must be marked as a paid promotion to comply with FTC guidelines. 

The Montana Together NIL campaign was shared with student-athletes via the Grizzlies athletic department in what has been noted as standard NIL practice by the university. According to a statement by University of Montana Senior Associate Athletic Director of Student Affairs and Compliance and Senior Woman Administrator Jean Gee to the school’s independent newspaper, The Montana Kaimin, “It’s not my job, necessarily, to verify the legitimacy of an organization that’s coming to us to pass on an opportunity… This is part of the new NIL world for our student athletes, that you have to become an informed person.”

The offering has appeared to polarize Montana student-athletes. The story gained traction when track athlete Lily Meskers leaked details of the NIL campaign to media outlets and launched a strong-worded statement to Fox News about Jon Tester’s platform and the Montana Together NIL campaign. Two women’s soccer team players, Taij’a Anderson and Riley Carolan, have entered into a NIL partnership with Montana Together and created Instagram videos supporting Tester. Both videos have been marked as paid promotions. 

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A post shared by Taij'a Anderson (@taija.ann)

Without a doubt, Montana Together’s NIL campaign raises novel moral and ethical questions about NIL and political endorsements. While we all have political tilts, I implore readers to engage with this dilemma from an agnostic viewpoint. It could have just as quickly been a Republican, Libertarian, Green, or Independent political group engaging in NIL payment for endorsement. Here are my summations of two common perspectives.

Positive: The Montana Together NIL offering has the potential to bring about positive change in the political landscape. It encourages Democratic-leaning athletes to engage in the civic process, become more educated and informed about their political opinions, and, as people of high influence in their communities, inspire other younger people to get out and participate in the electoral process. This practice is viewpoint-neutral and does not hurt any political party or viewpoint, as every group can leverage NIL for endorsement. 

While some athletes may only share the candidate’s opinions to receive money, the net impact is positive, as it encourages a population that traditionally has low voter turnout to become more engaged. Nothing about the endorsements is deceptive, as they have been clearly and conspicuously marked as “paid promotion.”

Negative: Even with disclosure practices in place, financial coercion to endorse a candidate raises ethical and moral concerns. Athletes, especially non-revenue athletes at a school like the University of Montana, are not rolling in cash in the way the media often likes to paint college athletes in the NIL era. Less than 2% of NCAA athletes receive full scholarships and, due to vigorous sports schedules, do not have the same freedom to work as non-athlete peers. Students athletes are often susceptible to financial coercion and these offers can entice athletes to compromise their political beliefs for their monetary well-being. 

Non-campaign-related activism groups, like Montana Together, are not mandated to disclose the payment value for an endorsement. This leads to a lack of transparency for viewers, even if the post itself is disclosed. Increased commercialism of campaign endorsements also likely hurts voters, as it is seen as inauthentic and can dilute the meaning of bona fide endorsements without financial compensation. This NIL practice helps propagate financial influence on elections. It utilizes political funding to influence public opinion by targeting a susceptible population of people with relatively high influence and small bank accounts. 

NIL continues to have implications that span far beyond the field. Montana Together’s campaign continues to remind all of those who follow college sports just how novel the NIL industry is and how much gray area continues to be created through boundary-pushing NIL concepts.