The NCAA has released some clarification regarding Name, Image, and Likeness legislation that is closely directed at certain states with more progressive state laws regarding NIL endeavors.

According to ESPN’s Dan Murphy, some of Tuesday’s clarifications will have a more direct impact on states such as Texas, Oklahoma and Arkansas. If the NCAA pursues punishments against a Texas institution, Murphy noted that the organization would have to challenge a new Texas law that says the NCAA cannot punish state schools for utilizing new NIL tools.

Among the clarifications, the NCAA reaffirmed:

  • Boosters or collections of boosters may not engage in recruiting prospective student-athletes (PSA) to a program.
  • Boosters may not receive institution assets (including tickets, suite access, club seating) as an incentive for providing funds to an NIL entity.
  • NIL compensation may not be contingent upon enrollment at a particular institution.

Darren Heitner, a Florida attorney involved in NIL, noted Tuesday’s clarifications could potentially lead to “a very interesting battle.” Heitner also said if the NCAA did try to punish a school in a state with more wide-open legislation, he would “bet on the state law” outweighing the NCAA’s rules.

Such a fight could also provide the moment remembered “as the official collapse of the NCAA” per Heitner.