by Walter Blanks Jr
The Protect College Sports Act is the newest proposed “fix” to the problems impacting college sports. And there are plenty of problems that need fixing. But instead of addressing them, U.S. Senators Ted Cruz and Maria Cantwell wrote a 111-page license for politicians to micromanage the industry, Trojan Horsing the federal government into scheduling rules, restrictions on hiring or firing coaches, and distribution of media revenue. They seem to really have it out for the Big Ten and the SEC, despite both representing flagship universities from each conference and to the chagrin of Longhorn, Husky, and Vols fans everywhere.
For decades, college athletes were barred from earning a dime beyond a scholarship. Even as schools signed billion-dollar broadcast deals and paid their coaches millions, students couldn’t sell their autograph or accept free meals without risk.
The hypocrisy was unsustainable, collapsing in 2021 when a unanimous Supreme Court ruled in NCAA vs. Alston that the NCAA’s limits on athlete benefits violated antitrust law. The result? Athletes could finally monetize their name, image, and likeness, and in 2025 schools won the right to receive some compensation, up to a cap. And while this has created some poorly managed chaos, smart, light-touch leaders like our own Attorney General Jonathan Skrmetti have stepped in to defend athletes and fans, including to help undue the NCAA’s illegal NIL recruiting ban.
This new NIL era has its shortcomings. The decentralized framework yields too much authority to individual states and schools. The lack of standards across programs undermines the NCAA’s mission to “coordinate and deliver safe, fair and inclusive competition.”
With each state setting different NIL policies, requirements and enforcement vary tremendously and are ever-changing. Texas, for instance, had imposed one of the more restrictive NIL policies in the country, and then changed it to be more permissible in 2025. Meanwhile, Alabama has no statewide policy. These discrepancies lead to confusion, risk of litigation, and create an unhealthy relationship between sports success and politics.
Another problem is the transfer portal. Each year, the new system of transfer windows and recruiting cycles leads to an ever-revolving door of school rosters. For students, attending four universities in five years puts their education in jeopardy. For fans who want an emotional connection with their team, a new cast of players every year makes that more difficult.
Lastly, all these things have driven an exponential increase in litigation costs, which takes resources away from schools, programs, and athletes and into the pockets of lawyers.
The proposed Protect College Sports Act spends more time creating new problems than fixing existing ones. Among the bill’s many clauses are government-imposed limits on compensation, regulations around transfers and eligibility, restrictions on certain NIL deals, limiting athletes’ freedom and earning potential, and specific clauses on coaching hiring and firing. This is a prime example of government putting its tentacles further into the dealing of private industry and should concern any free-market conservative.
Additionally, powerful conferences like the SEC – home to our state’s Tennessee Volunteers and Vanderbilt Commodores – do not support this legislation. Recently, the SEC cited concerns with the bill’s lack of litigation protection and the plan to “pool” media rights. The conference is right to oppose a backdoor to trial attorneys for seemingly endless lawsuits. Those costs could force athletic departments to cut programs, not expand them, with the only winners being the ambulance chasers themselves.
For schools like Tennessee and Vanderbilt, this bill doesn’t benefit their athletes, programs, or fans. A group of Division 1 athletes submitted a letter to lawmakers detailing that Section 114 of the bill would “have a severe negative impact and greatly inhibit” student-athlete compensation. The bill would also legally restrict the largest conferences from expanding, with no similar limits on the Big 12, the ACC, or others. Equal treatment under the law? Hardly.
Fans stand to lose out, too. The bill would force an NFL-style national media rights system on college football. Which is a terrible idea because a) college sports are great because they are inherently local, and b) everyone hates the NFL’s media rights system, with endless blackouts and streaming services.
The basis of these concerns isn’t whether something needs to be done, but whether The Protect College Sports Act will add even more complexity to the mess.
The Cruz and Cantwell bill goes so much further than simply addressing existing problems or establishing an overarching structure. Yes, college sports need fixing. But Congress should instead make useful and narrow reforms that correct the issues plaguing college football without significant risk of future unintended consequences. Tennessee’s senators, Sen. Blackburn and Sen. Hagerty, must consider the damage the Protect College Sports Act’s broad and sweeping reforms will permanently inflict the games we love, and vote against this bill. The future of the Tennessee Vols, the Vanderbilt Commodores and the SEC at large depends upon it.
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Walter Blanks Jr. is the Co-Founder and Executive Director of the nonprofit Legacy Society.
Photo “NCAA College Basketball” by NCAA.
