The NCAA had long maintained that student-athletes cannot be compensated in the name of "amateurism". In 1953, the NCAA created the term "student-athlete" in response to the
Colorado Supreme Court's ruling in
University of Denver v. Nemeth that an injured football player was an "employee" of the University of Denver and therefore entitled to
workers' compensation. Despite further attempts by the NCAA to classify student-athlete compensation as a violation of the Commerce and Contracts Clauses of the U.S. Constitution, "amateurism" in college sports had begun to fade as the push for student-athlete compensation grew stronger. The "
Fair Pay to Play Act" bill was authored by California state senators
Nancy Skinner and
Steven Bradford and advanced with testimony from former Stanford volleyball star and 2015 national freshman of the year
Hayley Hodson and Oklahoma State University football star
Russell Okung. No federal statutes used to touch on this topic, and the only federal regulation permitting college students to accept compensation was 34 CFR § 675.16, which related to work-study programs. The Supreme Court's 2021 decision in
NCAA v. Alston shed light on modern federal attitudes towards student-athlete compensation. In this case, the Court struck down any potential limitations on education-related benefits that student-athletes may receive. In July 2023, multiple bills were introduced by members of Congress to regulate NIL. In May 2024, NCAA settled the
House v. NCAA class action lawsuit for $2.8 billion. The main plaintiffs, Grant House and Sedona Prince, sought an injunction to force the NCAA and affiliated athletic conferences to lift restrictions on revenue sharing from broadcast rights. The plaintiffs also sought damages related to their inability to use their name, image, and likeness. This lawsuit highlights changes in the legal approach to the NCAA's amateurism defense, which had been central to its stance on student-athlete compensation but was nearly eliminated by the
NCAA v. Alston decision. As part of the settlement, schools are allowed to share up to $20.5 million of revenue a year with athletes, but NIL deals must go through a clearinghouse to determine if they are "fair market value". In March 2025, Amir "Aura" Khan, a student manager on
McNeese's men's basketball team, garnered widespread attention for being the first student manager of an NCAA varsity team to sign a NIL endorsement by signing NIL marketing deals with TickPick, Insomnia Cookies, and Buffalo Wild Wings. == Pros of NIL ==