The second argument is about labor and time.
The opposing side will probably portray college athletes as ordinary students who happen to play sports. But high-level college athletics can demand an extraordinary amount of time and commitment. Athletes have practices, games, strength training, conditioning, film study, meetings, travel, rehabilitation, academic responsibilities, and other team obligations.
This matters because college athletes aren't simply showing up for a recreational game once or twice a week. For athletes competing at the highest levels, athletics can become a major part of their daily schedule.
And unlike most college students, athletes are also putting their bodies and future careers on the line. An injury can potentially affect an athlete's ability to compete, their professional opportunities, and their future income.
That creates an important fairness issue.
Imagine two students at the same university.
One spends their free time studying, working a part-time job, and participating in clubs.
The other attends classes but also spends substantial amounts of time practicing, traveling, training, competing, recovering, and representing the university in front of thousands or millions of viewers.
The second student is contributing something commercially valuable to the university that the first student isn't.
Yet historically, the NCAA's system placed strict restrictions on what that athlete could receive.
This is one reason NCAA v. Alston is such a powerful case for your side. In 2021, the U.S. Supreme Court unanimously upheld a ruling against NCAA restrictions on certain education-related benefits. The Court recognized that NCAA compensation restrictions could affect interstate commerce and that NCAA rules restricting compensation could be subject to antitrust scrutiny.
You can make the argument even broader:
If athletes are expected to dedicate a huge amount of their time to an activity that produces revenue for their university, why shouldn't they be compensated for that contribution?
And there's another important consideration: financial security.
A scholarship can cover tuition, room and board, but athletes can still have ordinary expenses. They may need transportation, clothing, food outside provided meals, school supplies, personal expenses, and other costs. More importantly, not every athlete has the same financial circumstances.
A player shouldn't have to choose between representing their university at a high level and having enough financial flexibility to live normally.
The other side might say:
"They chose to play."
Your answer:
"Choosing to do something doesn't mean your labor has no economic value."
Millions of people choose jobs. That doesn't mean their employers get to say, "You chose to work here, so we're not paying you."
And you can make an even stronger distinction:
Athletes don't need to be forced into professional sports simply because they are compensated.
We already compensate people in many situations without turning what they do into a traditional professional career. The fact that athletes receive money doesn't erase the educational component of college.