Should College Athletes Be Paid?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 1 April 2021

⏱️ 53 minutes

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Summary

In the midst of March Madness, the Supreme Court recently heard oral argument in NCAA v. Alston. The case is an antitrust challenge to the NCAA’s rules on compensation for athletes, brought by college basketball and football players including Shawne Alston, a former West Virginia University running back who argues that college athletes are being exploited. The NCAA argues that maintaining the amateur status of college athletes actually fosters consumer choice between amateur and professional sports. Thomas Nachbar, professor of law at the University of Virginia School of Law who authored a brief in support of the NCAA, and Sandeep Vaheesan, legal director at the Open Markets Institute who co-authored a brief on behalf of Shawne Alston, join host Jeffrey Rosen to explore both sides of the case. They also explore the case's potential implication for the future of antitrust across industries, detail past Supreme Court decisions involving the NCAA, and more. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to We
0:08.7	the People, a weekly show of constitutional debate.
0:12.2	The National Constitution Center is a
0:13.7	nonpartisan nonprofit chartered by Congress to increase awareness and
0:18.7	understanding of the Constitution among the American people. In the middle of March Madness, the Supreme Court heard oral arguments this week in
0:26.5	NCAA versus Alston.
0:29.6	The case is an antitrust challenge to the NCA's rules about compensation for student athletes.
0:36.5	It's brought by college basketball and football players.
0:39.9	Today we'll explore the constitutional and legal dimensions of the case with two of America's
0:45.3	leading experts on antitrust and the Constitution.
0:48.9	Thomas Nackbar is professor of law at the University of Virginia's School of Law.
0:53.2	He filed a brief in support of the NCAA, which has argued that maintaining the amateur status
0:58.6	of college athletes fosters consumer choice between amateur and professional sports.
1:04.0	Tom, it is wonderful to have you with us.
1:06.0	Jeff, thanks so much and thanks for having me here.
1:08.0	And Sandeep Vajesan is legal director at the Open Markets Institute.
1:12.0	He co-authored a brief on behalf of respondent
1:15.2	Sean Alston, a former West Virginia University running back who argues that college athletes
1:20.9	are being exploited.
1:22.6	Sandeep, thank you so much for joining.
1:24.7	Thanks so much, Jeff.
1:25.4	Delighted to be here.
	...

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