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The Marketing of High School Athletes: A Rolling Tide
The expansion of “name, image, and likeness” rules could be both a boon and a burden to secondary schools
Education Next
Andrew Perloff
In his article "The Marketing of High School Athletes: A Rolling Tide," Andrew Perloff explores the expanding landscape of Name, Image, and Likeness (NIL) rights in high school sports and its potential implications for educational institutions.
Background on NIL in High School Sports
Since July 2021, the NCAA has permitted college athletes to monetize their NIL, leading to significant changes in collegiate athletics. This shift has begun to influence high school sports, with 40 states now allowing high school athletes to engage in NIL deals. However, the adoption rate among high school athletes remains low, with only about 1% having secured such agreements to date.
Potential Benefits of NIL for High School Athletes
NIL opportunities can extend beyond high-profile athletes, offering financial benefits and valuable business experience to a broader range of students. For instance, a soccer player with a modest social media following can partner with local businesses, providing mutual benefits. These engagements can teach students about marketing, contract negotiation, and financial management, aligning with educational objectives.
Challenges and Concerns for Educational Institutions
The integration of NIL into high school sports presents several challenges:
Recruitment and Transfers: There's a concern that NIL deals could become a primary tool for recruiting, leading to increased transfers and potential imbalance in team compositions.
Equity Issues: Schools with more resources may attract top athletes, exacerbating disparities between affluent and less affluent institutions. This could limit opportunities for students in underfunded schools.
Regulatory Challenges: The emergence of NIL collectives—organizations that raise funds to attract athletes—poses regulatory challenges. Many state athletic associations currently prohibit such collectives at the high school level to prevent undue influence on student-athlete decisions.
Legal and Ethical Considerations
The legal landscape surrounding NIL in high school sports is evolving. States that currently prohibit NIL deals may face legal challenges, as seen in North Carolina, where a court ruling favored a high school athlete's right to pursue NIL opportunities. Additionally, the involvement of unregulated agents raises concerns about the potential exploitation of young athletes. It's crucial for parents and educators to ensure that any representation is in the best interest of the student-athlete.
Educational Opportunities
Despite the challenges, NIL can offer educational benefits. Engaging in NIL deals can provide students with real-world experience in business practices, including contract negotiation, marketing, and financial literacy. Educators can integrate these aspects into curricula to prepare students for future endeavors, both within and beyond athletics.
Conclusion
The expansion of NIL rights into high school athletics presents both opportunities and challenges. Educators, administrators, and policymakers must navigate this evolving landscape carefully, balancing the potential benefits for student development with the need to maintain fairness and integrity in high school sports. Proactive engagement and thoughtful regulation will be essential to harness the positive aspects of NIL while mitigating its risks.
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Prepared with the assistance of AI software
OpenAI. (2025). ChatGPT (4) [Large language model]. https://chat.openai.com
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