Name, Image, Likeness, and the Constitution:Why the Dormant Commerce Clause Blocks Mizzou from Being Competitive in the SEC
In the last few years, the rise of name, image, and likeness, also known as “NIL,” has injected massive amounts of money into college sports. While intended as a way for players to make money off advertisements and autographs, NIL has quickly morphed into a quasi-salary that teams use to lure high school recruits. Now, state legislatures have jumped into the fray. In Missouri, legislators passed a law allowing high schoolers to begin collecting NIL dollars before they ever step foot on campus. But there’s a catch—players can only take advantage of this law if they commit to an in-state university. If they want to take their talents out of state, they cannot receive NIL money while still in high school. This facially discriminates against interstate commerce and hence violates the Constitution’s Dormant Commerce Clause (DCC). Even assuming facial neutrality, the law still violates the DCC because it excessively burdens interstate commerce. While DCC doctrine contains numerous exceptions for discriminatory state laws, Missouri’s does not fit into any of them. The illegality of Missouri’s scheme has broader implications for NIL and college sports, as states will be forced to use other, more creative methods to give their colleges an advantage on the field.
Cite as Kraz Greinetz, Name, Image, Likeness, and the Constitution: Why the Dormant Commerce Clause Blocks Mizzou from Being Competitive in the SEC, 18 N.Y.U. J.L. & Liberty 336 (2025).