WHAT WILL ASPIRING ATHLETES, LIKE MY GRANDCHILDREN LEGEND AND REVA DO IF THERE IS NO REAL CHANCE FOR NIL MONEY (NAME, IMAGE AND LIKENESS)?

Wednesday September 23, 2026

Kobe Bryant, LeBron James, Kevin Garnett and many others finished high school, skipped college and took direct paths into professional sports. Hank Aaron and Willie Mays preceded them. Althea Gibson, Serena Williams (although Venus ultimately earned a college degree), Simone Biles and, more recently, Four Time MVP for the WNBA, A'Ja Wilson, also took direct paths to the professional level.In most American families, however, it was always frowned upon for athletes, no matter how gifted in their sport, to forego education. That is, until NIL Money (Name, Image and Likeness money) emerged when the NCAA, in June 2021, allowed college athletes to monetize their personal brands and sports talents. Now, they can do both. Some college athletes, under current NCAA Regulations, can earn millions of dollars, while in college, straight out of high school! If NIL Money had been allowed when I was in high school, I would have forced myself to grow another twelve inches; I just would have. I was a superior student in science. : - ).

It is no longer puzzling for a college athlete to pass on the pro drafts, remain in college, and live on NIL Money. Shedeur Sanders earned an estimated $6.5 million in NIL deals, in just a couple of years, while a quarterback at the University of Colorado. Two LSU football players recently abandoned the NFL Draft and have sought to return to LSU this Season. Their efforts have met with much resistance, and both levels, college and professional, have tried to shut them out of football altogether.

Now comes The Protect College Sports Act of 2026 (U.S. Senate Bill 4668) which purports to create national standards for Name, Image, and Likeness (NIL) rights.

--- The Bill federalizes the NIL right and preempts all state and local laws in conflict with it.
--- Keeps NIL Compensation within a "hard cap" level, thus limiting the amount of money that can go towards NIL.
--- Allows an athlete to transfer only once. Repeated transfers will affect the ability to play.
--- Sets a five-year eligibility limit for participation in NIL Rights.
--- Caps Agent Fees at five percent and mandates State Registration and NCAA Certification.
--- Requires extended medical coverage (for Division I Schools) beyond the end of an athlete's eligibility to participate in sports.
--- Allows voluntary participation in collective groupings in negotiating media rights.
--- Preserves the financial participation of women in sports at 2024-2025 levels.
--- Plainly provides antitrust protection to the NCAA, conferences, schools, and enforcement bodies for covered rules.
Some of the features of the Bill would seem prudent and helpful to college athletes. I am troubled however by the reminder of Curt Flood, shown below, who played center field for the Saint Louis Cardinals from 1958 to 1969. There, he was a three-time All-Star, seven-time Gold Glove recipient, played on three National League pennant winners, and won the World Series, twice. Except for an injury he received, late in another World Series, he may have had three such titles to his name.
After twelve years in the Major Leagues, Curt wanted to pick the Team he would next play for. But there was no "Free Agency" at the time, in any of the professional sports. So, Curt sued ... to be free ... and his Case went to the United States Supreme Court, where he lost. His baseball career and personal life descended.
Yet soon, baseball surrendered to "The Curt Flood Rule" and less than five years after his Court loss, baseball welcomed the first "Free Agent" in contract talks. “Too late to benefit him,” wrote conservative columnist George Will in 1993, “his cause prevailed. The national pastime is clearly better," said George Will, "because of that. But more important, so is the nation, because it has learned one more valuable lesson about the foolishness of fearing freedom.” concluded Will.
Too soon, Curt Flood went on to the Lord to be free. But his Legacy lives. Under current circumstances, even in college sports and earlier, young athletes can get that NIL money and "freely" transfer to a "Team" they prefer.
The U.S. Senate Committee on 18 June 2026, by a vote of 19-9 passed the Bill. On 17 September, the full Senate voted 77-22 to move the Bill forward to debate and final vote, prior to its 5 October recess. If the Senate passes the Bill, more likely "when", the U.S. House of Representatives will then take up the Bill.
I took Legend to his soccer practice today, and I wondered if "the nation, [will learn] one more valuable lesson about the foolishness of fearing freedom.”

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