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The main argument for student-athlete amateurism in the United States is that these athletes should play sports as an avocation and not a vocation, with an educational opportunity as the payoff. Earning market value for playing an educationally based sport has long been thought of as a perversion of amateurism that would taint the sports themselves—and make them less marketable, since school-based sports are supposedly popular because of their amateur aspect and would suffer commercially without it. This is central to the NCAA’s argument in the O’Bannon case.10 If the NCAA were to win on these grounds, it would essentially mean that it could prohibit wages and other compensation for college athletes (including outside income from use of a player’s name, image, and likeness) precisely because allowing such compensation would make colleges sports themselves less marketable. It is easy to refute this. We heard the same arguments regarding the Olympic Games when an end was put to the requirement that competitors be “amateur” athletes, and it is nondebatable that the Olympic Games are more popular than ever. These types of restrictions also exist, of course, at levels below intercollegiate athletics, where athletes are also prohibited from participating in sports aligned with educational institutions if they receive outside compensation. LeBron James, the standout All-Star NBA forward for the Cleveland Cavaliers, once had to miss two games for receiving an extra benefit in high school.11

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