NORFOLK, Va. — The term "NIL" has become synonymous with college athletics.
In 2021, the Supreme Court allowed student-athletes to be compensated for their athletic prowess based on their name, image and likeness.
Proponents of the change have argued that it affords student-athletes the opportunity to be compensated by an industry that financially benefits from their athletic performance. Opponents have argued it blurs the line between professional and collegiate sports.
A federal judge in Tennessee granted a preliminary injunction against recent NIL oversight by the NCAA, following a joint complaint written by Tennessee Attorney General Jonathan Skrmetti and Virginia Attorney General Jason Miyares.
The complaint, filed in January, compared the issue to "a coach looking for a new job, and freely talking to many different schools, but being unable to negotiate salary until after he's picked on."
A recent NCAA oversight announcement stipulated that "current" student-athletes could benefit from NIL deals, which the complaint argued excludes "prospective" student-athletes as well as possible transfers.
"By prohibiting such interactions, the NCAA’s current approach restricts competition among schools and third parties (often NIL “collectives”) to arrange the best NIL opportunities for prospective athletes," reads the complaint.
It goes on to say:
"Without relief, the NCAA will continue to deprive Plaintiff States’ athletes of information about the market value for their NIL rights, thereby preventing them from obtaining full, fair-market value for those rights. "
“Some people's NILs help pay for their school, it’s an opportunity for people that don’t have as much to be able to provide. I was a walk-on at ODU, and let’s say I did have NIL’s there, it's something that would slowly start helping me pay back for school," Norfolk State University Defensive End Keyshawn Lynch told 13News Now.
"Virginia just scored a big win for us student-athletes. The NCAA was trying to keep the NIL deals locked down to just the folks already playing in college," Rayquan Smith, a former NSU football player now playing at Virginia State University known as the "King of NIL" told 13News Now.
The judge, granting the injunction Friday afternoon, wrote in an opinion:
"...without the give and take of a free market, student-athletes simply have no knowledge of their true NIL value. It is this suppression of negotiating leverage and the consequential lack of knowledge that harms student-athletes."
"So it’s more than just money, it’s about growing your name outside of just football," Lynch said.