Over the past several weeks, there has been a surge of federal government activity aimed at reshaping the landscape of Name, Image, and Likeness (NIL) rights in college athletics. From executive action to competing congressional bills, lawmakers and regulators are moving quickly to impose structure on what has become a chaotic and state-by-state patchwork. These developments carry major implications for both student-athletes and the institutions that support them.
Executive Action Brings New Urgency to NIL Reform
On July 24, 2025, the federal government took its most assertive step yet in regulating the NIL landscape. A new executive order prohibits third-party pay-for-play arrangements masked as NIL deals, directs several federal agencies to begin developing a framework for college athletics, which includes clarifying the employment status of student-athletes, and requiring protections for scholarships and non-revenue sports. While it stops short of creating new law, the order reflects growing momentum toward reining in the patchwork of state NIL regimes and restoring a more standardized framework for college athletics.
The SCORE Act Gains Traction in Congress
Meanwhile, the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act continues to move forward in the U.S. House of Representatives. The proposed legislation would establish a national NIL standard, affirm that student-athletes are not employees, protect medical and academic resources, and provide liability shields to the NCAA and conferences under antitrust law, which is the only real way to protect the NCAA from continuous antitrust lawsuits. Supporters argue that the bill offers stability and clarity for athletes and institutions alike. However, critics caution that it could restrict athletes' rights, especially in how it limits avenues for economic advancement and collective representation.
Athletes.org Advocates for a Different Path
In response, Athletes.org has backed an alternative federal bill—the College SPORTS Act—which focuses on athlete protections, health and safety standards, and preserving NIL rights without expanding employer-employee classifications. The legislation reinforces athletes' ability to earn fair compensation through NIL deals while safeguarding against institutional retaliation. Unlike the SCORE Act, this proposal leans more heavily into athlete empowerment and transparency, reflecting a growing demand from current and former players for more robust legal protections and economic opportunities.
What This Means for Athletes and Universities
These developments are poised to reshape the legal and regulatory environment for universities and athletes alike. Institutions must prepare for potential changes in compliance obligations, athlete support standards, and NIL oversight. At the same time, athletes and their representatives should monitor the evolving legislative landscape to ensure their rights and opportunities are protected. Law firms advising in this space should remain agile—helping clients navigate shifting federal and state frameworks and aligning advocacy strategies with whatever direction NIL reform ultimately takes.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
