Boise State coach Spencer Danielson says Broncos won't be lining up NIL for freshmen

On3 imageby:Andrew Graham05/08/24

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Boise State head football coach Spencer Danielson made waves on Wednesday when it was shared that freshmen for the Broncos apparently might not be getting NIL deals funneled through the program’s associated collective in a since-clarified report.

It was quickly clarified that Danielson wasn’t putting a strict embargo in place on freshmen earning via NIL deals, but that the program would not be promising or offering NIL deals to recruits or first year players.

While freshmen — particularly not high-profile former recruits — likely earn less on average than upperclassmen at most programs, such a public announcement is unheard of, for obvious reasons, as a notion that a program is unwilling to play ball in NIL is prime ammo for schools recruiting against them.

Boise State, it was made clear after the initial report, won’t prohibit athletes from working with local businesses in whatever capacity they chose to do so on their own.

Danielson, speaking to Broncos supporters on Wednesday, indicated his desire was to build a culture where players are committed to the program and each other and not chasing a payout.

“If you’re looking for the easy way and you’re looking for a handout, don’t come to Boise State,” Danielson said according to Adam Engel of the Twin Falls Times-News.

In the legal realm, any strict language about freshmen being ineligible to earn NIL money during their first year could come back to bite a coach, given recent court rulings.

With most courts roundly ruling against NCAA rules restricting players — and a major case over NIL rules pending involving the Tennessee and Virginia Attorneys General — it’s possible, if not likely, that a strict embargo on freshmen earning NIL money wouldn’t stand up in court, especially if it was dictated by the coaching staff. However, if the freshmen collectively agreed to a prohibition on their earning, it could likely remain intact.

But as turns out to be the case here, neither is quite what is going on, as the Broncos aren’t putting the kibosh on any players earning NIL money — they might just not be lining up the deals for them.

Two House Republicans introduced legislation Wednesday that would protect the NCAA, conferences and institutions from litigation in enforcing NIL rules and governing college athletics.

Introduced by Rep. Russell Fry (R-S.C.) and Rep. Barry Moore (R-Ala.), the Protect The Ball Act does not check off every need for the NCAA. The bill is intended to accompany a broader bill, which could outline the framework for the future of college sports.

As settlement talks heat up in the House vs. NCAA lawsuit – which could see the college sports governing body owe something in the neighborhood of $2.9 billion in back damages – questions surround how the possible arrangement could be implemented.

Only two options are viable: Congressional assistance or a collective bargaining agreement. Both would help the NCAA stave off further lawsuits and retribution. This bill could be viewed as one of the first steps to securing help from Washington, D.C.

The NCAA has not had any luck in the halls of Congress, however, as no piece of legislation introduced on NIL and college sports has even made it to a vote.

“The Protect the BALL Act preserves the opportunity for more than 500,000 NCAA student-athletes to compete and protects universities from constant litigation in the NIL era,” Barry said in a statement. “I am grateful to Congressman Fry for working with me on this legislation that allows universities to freely work toward new benefits for their athletes.”

Beyond the House vs. NCAA lawsuit, the NCAA is losing multiple lawsuits at the state level. Preliminary injunctions have left the governing body powerless over NIL and the transfer portal. The Ball Act would ensure the NCAA, conferences and institutions could regulate recruiting, eligibility standards and how athletes receive compensation without facing further litigation.

“Intercollegiate athletics need a safe harbor to enforce uniform rules and offer additional benefits regarding issues pertaining to NIL,” South Carolina president Michael Amiridis said. “We also need a broader framework of NIL legislation that will allow all NCAA schools to compete using the same guidelines and policies. While the landscape is changing, we are grateful for Congressman Fry’s efforts to allow us to continue with our mission of acting in the best interests of student-athletes.”

On3’s Pete Nakos contributed to this report.