Rep. Brennan Opposes Proposed Ban on NIL Opportunities for Ohio Student-Athletes

COLUMBUS — State Rep. Sean Patrick Brennan (D-Parma) today spoke out against proposed legislation that would prohibit middle and high school student-athletes from earning compensation for their name, image, and likeness (NIL), calling the measure unfair, anti-free-market, and unconstitutional.

“For years, we have told Ohio’s young people that hard work, discipline, and talent create opportunity,” said Rep. Brennan. “Now the legislature is considering a bill that would single out student-athletes and tell them their talent is the only one that cannot be rewarded. That is wrong.” 

Rep. Brennan emphasized that students across Ohio already earn income based on their abilities. Musicians perform paid gigs, coders sell apps, chess players earn prize money, student tutors are compensated for academic help, social media creators monetize content, and young athletes coach and offer private lessons. Under the proposed legislation, however, student-athletes would be barred from similar opportunities tied to NIL.

“This is not about paying students to play,” continued Rep. Brennan. “It’s about allowing them to profit from their own identity, just like other students already do.”

Rep. Brennan pointed to the Ohio High School Athletic Association’s existing NIL framework as a responsible model that already includes safeguards. Under current rules, athletes cannot use school logos or branding, engage in NIL activity during school hours or events, receive performance-based bonuses, accept recruiting inducements, or have schools arrange deals. Student-athletes must also report agreements to ensure transparency.

“Guardrails already exist,” added Rep. Brennan. “Instead of building on that framework, this bill would impose a sweeping ban that interferes with voluntary agreements between families and businesses. That’s not capitalism — that’s government overreach.”

Rep. Brennan also raised constitutional concerns, noting that courts have repeatedly ruled that restrictions on compensation can burden protected speech.

“The Supreme Court has recognized that corporations have First Amendment rights to spend money on political speech,” said Rep. Brennan. “Yet this bill would give student-athletes fewer rights than corporations. That should concern everyone.”

NIL agreements involve branding, endorsements, social media promotion, and personal identity expression - all forms of protected commercial speech. Brennan warned that a broad prohibition could expose Ohio taxpayers to costly legal challenges.

“Students do not check their constitutional rights at the locker room door,” added Rep. Brennan.

Rep. Brennan concluded by calling on lawmakers to protect opportunity rather than restrict it.

“This comes down to a simple question: Why should athletes be treated differently than every other talented student?” concluded Rep. Brennan. “Our young people deserve fairness, freedom, and consistency. We should support responsible NIL policies that protect schools while empowering students - not outdated rules that punish success.”