Reggie Bush has upperhand on NCAA with latest legal action

Reggie Bush wants his Heisman Trophy back. The NCAA, stubbornly, doesn't want to clear the way for that to happen.

Maybe a lawsuit will serve to bulldoze that NCAA road block.

On Wednesday, Bush filed a lawsuit alleging defamation by the NCAA. He claims the college sports governing body damaged his reputation by insinuating in a 2021 statement that he was involved in "pay-for-play" activities that resulted in NCAA sanctions.

Reggie Bush lawsuit: What the former USC running back is claiming

In 2021, when legislation was put in place allowing student-athletes to profit off their Name, Image and Likeness, several media outlets reached out to the NCAA to find out if Bush would have his records and Heisman Trophy restored.

A statement was issued clarifying that the NCAA won't reverse the striking of his records. It included this paragraph, which is now at the heart of the defamation lawsuit:

“NCAA rules still do not permit pay-for-play type arrangements. The NCAA infractions process exists to promote fairness in college sports. The rules that govern fair play are voted on, agreed to and expected to be upheld by all NCAA member schools.”

Here's the problem: Bush was never accused or found guilty of "pay-for-play" infractions. The NCAA found that a would-be agent gave impermissible benefits to Bush and his family to entice the star running back to sign for his fledgling sports agency business when he entered the NFL.

Bush's lawsuit called the statement "completely false and highly offensive." It claimed that the running back's reputation was "substantially and irreparably damaged" by the statement.

And they've got a point if you peruse Twitter or talk to college football fans across the country. There remains a persistent misunderstanding of Bush's alleged infractions. Many still believe USC or a USC booster paid Bush to come play for the Trojans. That's not what happened.

Bush's lawyers may not be able to use random Twitter accounts to make their case (though stranger things have happened in court filings) but they can absolutely make the case that the NCAA fed the misunderstanding with their choice of words in that official statement.

As Stewart Mandel pointed out, it's very difficult to win a defamation case as a public figure. So Bush is climbing an uphill battle legally.

He still has the upper hand over the NCAA though.

The court of popular opinion has turned. Just about every major college football media figure is on board with giving Bush his Heisman back. So is Johnny Manziel, whose recent documentary included descriptions of his own rule-breaking. If Manziel can keep his Heisman while openly admitting to breaking NCAA rules, it looks silly for the NCAA to insist on keeping Bush's away from him.

This is not something the NCAA should spend time and resources battling. They should give Bush his records back, which would open the door for the Heisman Trust to reinstate the 2005 Heisman Trophy. And then everyone can move on.