Source: Foundation for Individual Rights and Expression
by Amuda Balu
“NIL agreements are about more than money. They are also about expression. Student athletes earn compensation by appearing in advertisements, promoting products on social media, and publicly associating themselves with brands. These activities therefore qualify as speech, which receives First Amendment protection. Yet many of our current state and university NIL laws do not seem to withstand constitutional scrutiny. Two types of common restrictions in particular are concerning: restrictions for contracts in vice industries and those relating to institutional values.” (07/20/26)
https://www.fire.org/news/flag-play-first-amendment-problems-nil-regulation