Bilas continues:
What to do about the transfer portal
The ease with which players can transfer and be immediately eligible is still new to most and offends the sensibilities of some. While I differ with those who object to player movement and player rights, I respect the difference in opinion. Unpaid students should not be limited in their choice of destination. It strains the mind to believe that a high school player with no college experience should be required to make a binding commitment, yet after having college experience, cannot be trusted to decide whether staying or leaving is right for him. The transfer portal is clunky and has some problems, but those can be remedied by some sensible regulation. Forcing a player to sit out a year should not be one of those regulations.
Several high-profile coaches are complaining about rival coaches recruiting transfers off of their rosters, and I don't doubt that is happening. However, that phenomenon is more reflective of the ethics of the coaching profession. Who should pay the price for such actions? Why should players be subject to a transfer penalty because some coaches are not behaving ethically? Players are assets of the university -- valuable assets. Yet unless they are paid under contract, they should be allowed to move as they wish, with reasonable regulation as to timing of decisions.
The reality of NIL
Amateurism is dead. Players can now be compensated for their name, image and likeness and be paid for promotional activities, appearances and for their talents outside of the field of play -- just like anyone else in our society and just like any other non-athlete student. It was a long time coming, and athletes still do not have full economic rights. Yet, while this is still new and so contrary to the way the NCAA has done business over the last century, there are many in the game struggling with this new reality. Now, "collectives" are being formed by seemingly every major conference school, and NIL enticements have moved into the recruiting realm, which was inevitable.
The NCAA is furiously lobbying Congress for a national standard so that it can legally restrict and regulate what players can earn or accept. While it seems ridiculous for a serial antitrust violator to ask Congress for an antitrust exemption, that is what the NCAA is doing. Given in what low esteem the NCAA and president Mark Emmert are held on Capitol Hill, such an exemption seems unlikely. In my view, universities should simply sign players to contracts rather than continue down this road.
Recently, I had a great discussion with a college administrator in which the concept of "rationality" was stated. The argument was put forth that there needs to be rationality with the amount of money any athlete can be paid. I thought about that and, while I am a free-market advocate, it seemed reasonable to consider. After considered thought, I believe the amounts being offered to athletes are completely rational, as the biggest keys to success in college sports are due to athletes. If anything is irrational, it is running a multibillion-dollar entertainment industry on college campuses. Until that is addressed, it is entirely rational to offer competitive compensation to athletes.
We have NIL now, and it is not going away. Yet the games are played, billions of dollars are being generated, and no fans have turned away. In fact, the games seem more popular than ever, and there will not be an empty seat in New Orleans. Compensating athletes is not a problem, it is just business.
The state of the game is strong, but it can be stronger. Let's hope that the bureaucracy of the NCAA can change so that a strong game can get stronger and better. I believe that it can, if we have the will to make those positive changes, and we stop rationalizing continued inaction.
Go Gophers!!