Name image and likeness is a big deal around the country, and people spend way too much time thinking about it, being angry at it, when they should just let it be. I think there's a good song by that name. Anyway, Brian Murphy, it's his beat from WRAL.com. WRAL sports investigative reporter at Murph's Turf on Twitter joins us. And I'm actually reading, looking at your article right now at WRAL.com, sir.
And the first thing I need you to do is explain. I know there is a state senator who wants Governor Roy Cooper to essentially get rid of his executive order, which created some parameters from name, image, and likeness. So first explain what the rules and regulations are that Governor Cooper enacted through his executive order.
Well, thanks for having me on. They're not very, there's not very many of them. They just sort of like set the boundaries. There's a lot of Mei language there, so Mei language in legislative talk means you don't have to do it, but you're allowed to do it, different than Xiao language. But there are some things in there that like schools cannot directly compensate athletes, which seems like a reasonable rule, but now Arkansas is requiring that if a school uses an athlete for publicity, so they put Drake May on a poster or Perquavion Smith on a billboard, they would have to compensate that athlete. And what the state senator is saying is basically the other states are going much more permissive, much more looser, and this executive order, which at the time seems pretty reasonable, is now actually putting North Carolina schools at a disadvantage. All right, well, just to address that, I think that's fair if the university uses them, the athletes, in advertising. I think it's fair that those athletes should be compensated. So, I mean, far be it from me to agree with that, but I think that's the way it should be.
Yeah, I mean, I don't think Senator Galey was sort of taking a side on it one way or the other. She comes at it from a competitive standpoint, saying North Carolina schools need to be as competitive as schools in Michigan or Kentucky or Florida or you name it, and now states are getting, I think the Oklahoma bill basically says you can do whatever you want with NIL and the NCAA can go pound sand if they don't like it. They can't even open an investigation into something that an Oklahoma school does when it involves NIL. But here's the thing about it is that that seems to me to be the perfect name, image, and likeness scenario, like you're actually performing a service.
So the company in this case happens to be the athletic department or the university. So I don't see why that's a problem. Right, and I don't, you know, I don't know if anyone does think it's a problem, but it is explicitly prohibited in the executive order.
Okay, then yeah, let's burn it. Right, that Governor Cooper put in place. It says that schools cannot compensate directly. You know, there are other things like some schools are directly facilitating these deals. Whereas, and that's sort of frowned upon by both the NCAA and the executive order.
Now some, you know, now states are permitting their schools to do that. So it is kind of the wild west in a lot of ways and states, what most states have realized is like the NCAA doesn't have any rules. So by us putting in a rule, we are, we're actually limiting our schools because there are no rules from the NCAA side. So whatever rules the states put in are limiting, you know, they're not jiving with what the NCAA is doing.
Brian Murphy is joining us here, WRAL sports investigative reporter here on the Adam Gold Show. From the very beginning, every time I heard the word guardrails, it made my skin crawl because we don't, I am of the mind that we do not need any guardrails. All guardrails are to me is a euphemism for we don't want the athletes to make money. That's, that's what it means to me. Maybe I'm taking too much of a hard line look at it. But the whole reason why the universities and the NCAA have spent so much money on K street in DC is because they want to limit the earning potential of these kids.
Right. And you know, Charlie Baker, the new NCAA president wants a federal, federal guardrails in large part to, to stop states from doing exactly what, you know, Alabama, Arkansas, Oklahoma, and Colorado are doing right now. In some ways his case may actually be strengthened because now we can say, look, we've got, now we have 50 different, you know, 50 different sets of guidelines. The only way we can solve this problem is with a federal law. His hand may actually be strengthened, but if anyone's paid any attention to Congress and I used to cover the dysfunction up there, there's no chance that Congress is going to ride in and save the day for the NCAA on this. There, there, there's just no chance of given the majority, the slight majorities in both chambers, given the fact that there's divided government, they are not going to be able to pass anything that helps the NCAA out. This is going to be a state issue, a state by state issue. Yeah. But I mean, it shouldn't even be that it should be, we should, what we shouldn't be wasting time. I mean, let me, I realize it sounds weird, but it's Macy's friends and family get an extra 30% off great gifts for her just in time for mother's day.
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I mean, this is the ultimate victimless problem here. Well, I think, I mean, I think what you're seeing happen at Colorado with, with Deion Sanders and, and, you know, I think 60, 60 players have left the program. I mean, you're starting to see this is professional sports. If you're not good enough, coaches are getting rid of you. The trade-off for that is, is you should be able to make more than your name ever, you know, more than your tuition at books. Yeah. But I think, I mean, where we're ultimately headed is some sort of, of employee employer, and they may not call it that, but some sort of bargaining where the players have certain rights, the schools have certain rights, and it's all spelled out in a contract and you negotiated.
I think that's where all of this is headed and how quickly, how quickly we get there is probably all that's left to be determined. But you, you may be right on that. And it is, I think it's telling that one of the first things that is listed among the, the needs or the wants of the NCAA when they lobby Congress is, please, please give us a law that says college athletes cannot be employees because they want, they want it prohibited that they can be employees. Like I think there is, and the notion that Charlie Baker or other people have talked to college students and, and they can come out with, they don't want to be employees, I think is naive.
They, I'm sure they have spoken to one college athlete who doesn't want to be, and just like the NFL used one year of data to, to determine that artificial turf and natural grass were essentially a wash when it comes to injuries, even though decades or a full decade of data says otherwise. You know, one, one player doesn't want to be an employee. Well, I guess the, none of the athletes want to be employees.
That doesn't make any sense. But yeah, I think there's, I mean, I, and this came up in one of the congressional hearings. There is some concern among, you know, non football, non men's basketball athletes that if you turn it into an employee-employer relationship, what happens to softball? What happens to track and field?
Those are certainly issues that at some point will need to get worked out. I mean, I think it's telling California has a bill in its state legislature right now that would require revenue sharing with student athletes. The NCAA has come out dramatically against that bill, um, cause all kinds of problems. So, I mean, you can see where this is headed and you can see the NCAA is going to fight, you know, all it can to, to stop stuff like from that, like that from happening.
Oh, there's, there's no question. When Matt Brown suggested that we should have a salary cap, remember, you know, what, three weeks ago, right. And I, and I thought, boy, let's play the game. Let's, let's just kind of play this out. Matt Brown wants a salary cap.
All right. So with a salary cap, the players get a certain percentage of the revenue across professional sports. So are they willing to do that? And once you, once you just start there, you realize, oh no, they're going to back off the salary cap thing.
Well, yeah. I mean, what's funny to me is, you know, you've seen all these senior quarterbacks. We saw it with Devin Leary. We saw it with Sam Hartman transfer rather than try to go the undrafted free agent route or get picked late in the NFL draft and what the NILs or the collectives are using as, as like, how much should these guys make for coming to our school is what they would make if they were like a sixth round pick or a seventh round pick. So like they've already started putting in sort of a salary structure for these players. What's a senior transfer quarterback worth? Well, he's basically worth what a seventh round pick is worth right now. Um, it's, it's funny how it's already starting to create a salary structure.
What's a left tackle worth? I mean, we were, they already have created that, um, for college football. Final thing for Brian Murphy at Murph's turf on Twitter, WRAL sports investigative reporter, just to bring it back to where we started, what are the chances that the executive order is rescinded? What I found interesting, and it's in that story of both NC state and North Carolina, I called both of them.
They both seemed willing to talk and then decided they were not going to comment. The governor's office says nobody's asked him to rescind the offer, rescind the order, but I get the sense that this is an issue that's bubbling up under the surface. And if they start losing recruits because of this or other states start passing laws, I think we may see some movement on it over, over being over using the players in advertising. I don't think anybody's going to lose recruits over that, but, um, I do think it is a fairness issue for the athletes. If you use them in advertising, that's basically what the whole thing is built on. Selling somebody's Jersey in the store and not getting anything for it, using them in the promotion and advertising for the school seems like you don't have to pay him a lot, but he should be compensated something. Uh, I would, I would compensate you if I, maybe we should have you do a commercial for this show.
I have a heavy, heavy NIL retainer. Okay. We have t-shirts it's all we're paying though. We have Adam Goldshow. I appreciate you working cheap. Brian Murphy, WRAL sports investigative reporter. Thanks man. All right, thanks Adam. You got it. Brian Murphy here on the Adam Goldshow. It's Macy's friends and family. Get an extra 30% off great gifts for her just in time for Mother's Day when you use your coupon or Macy's card and take 15% off beauty essentials or shop specials she'll love while supplies last plus star rewards members earn on every purchase except gift card services and fees at Macy's sign up today at macy's.com star rewards savings off regular sale and clearance prices exclusion supply
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