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Originally published on Substack.
College sports are not amateur anymore. That debate is over. Athletes are getting paid through NIL. Schools are preparing to share revenue directly with players. Coaches are managing rosters like free agency. Donors are financing what increasingly looks like payroll. The question now is not whether college sports will change. It already has. The question is whether Congress will respond by protecting athletes and consumers or by protecting the NCAA’s old business model. Washington Can’t Fix Every Broken Play Sen. Ted Cruz (R-TX) is right that the status quo is unsustainable. The Protect College Sports Act would create federal rules around NIL, transfers, athlete protections, state-law preemption, and antitrust protection for college sports. Some of that sounds reasonable because the current system is a mess. But Washington should be careful. A bad market does not become better simply because Congress manages it. The House v. NCAA settlement changed everything by allowing schools to pay athletes directly, with Division I programs able to share roughly $20.5 million annually with athletes, in addition to scholarships and benefits. That is not old-school amateurism with endorsement deals on the side. And it is a professional sports model trying to live inside a university system built for education. Incentives Are Changing Fast This new system changes incentives in ways no one fully understands yet. Athletes will chase compensation. Schools will chase talent. Donors will chase wins. Conferences will chase media money. Administrators will chase revenue. Coaches will chase roster stability. Agents and collectives will chase leverage. That is not necessarily immoral. It is economics. But it is also why Congress should not pretend it can design the right college sports market from Washington. The Sorsby Situation Shows the Chaos The Brendan Sorsby situation at Texas Tech shows the problem. He transferred into my alma mater amid NIL litigation, gambling-related eligibility disputes, Big 12 concerns, NCAA involvement, and now reporting that the NCAA has opened an inquiry into Cincinnati. Earlier reports said he planned to enter the NFL Supplemental Draft, but later reporting said the 2026 supplemental draft was canceled and he is training for the 2027 NFL Draft. That is chaos. But chaos is not an argument for federal control. It is an argument for honest contracts, transparent rules, enforceable accountability, and a clearer separation between education and professional entertainment. Build a Real Minor LeagueHere is the uncomfortable truth: big-time college football and basketball are becoming minor-league sports. So let them become that honestly. Create private athletic entities separate from universities. Let them license school brands, rent stadiums, contract with athletes, negotiate media rights, and operate like the entertainment businesses they already are becoming. Athletes could earn what the market will pay. Fans could still cheer for familiar colors. Schools could still benefit financially through licensing and facility agreements. But universities could return to their core mission: education. Let Universities Educate Again That mission matters. Higher education should form citizens, advance knowledge, cultivate discipline, and prepare the bright young minds of tomorrow for work, family, leadership, and self-government. Universities were not created to become sports holding companies with classrooms attached. Congress should not freeze today’s broken hybrid into federal law: professional money, amateur language, NCAA protection, political oversight, and university risk. Keep Federal Policy Narrow A better federal role would be limited. Clarify interstate contract rules. Protect against fraud. Require transparency where public universities and taxpayer resources are involved. Protect athlete health and scholarship commitments. Then let markets, schools, conferences, fans, and athletes sort out the rest. College sports need reform. They need honesty more. Let athletes earn. Let private leagues develop. Let universities educate. Let fans choose. And let Washington stop calling plays it cannot understand from the sideline.
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Vance Ginn, Ph.D.
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