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<p>Why not? I understand that there is debate as to whether the NCAA should be considered a private organization. But if it is a private organization, then it can set virtually any conditions on membership that it wants, even if they are discriminatory, anticompetitive, a restraint on free speech (like the mascot rules), or whatever else.</p>
<p>I mean, the NBA is not a cartel in restraint of trade. It’s a private organization that a team owner can choose to participate in or not. If you choose to participate, you agree to follow its rules about what you can pay your employees (salary caps, league minimum, etc.). Why would the NCAA be different?</p>
<p>If there’s a court ruling on this I’m not aware of, do fill me in.</p>