Thursday, March 13, 2025

TikTok and Title IX Uncertainty: Significant Implications for Female Athletes

TikTok. Love it or hate it, the app has dominated recent headlines as sports, politics, and pop culture collided, even as it faced a temporary shutdown last Saturday. Users attempting to access TikTok discovered a message stating that “a law banning TikTok has been enacted in the U.S.,” attributing its hopeful revival to then-incoming President Donald Trump.

This disruption led to immediate reactions from the sports world. Tennis star Coco Gauff, who boasts over 750,000 followers on TikTok, took time during the Australian Open to express her feelings about the app. After defeating Belinda Bencic, Gauff wrote “RIP TikTok” on a television camera being used to record the match.

Gauff’s significant TikTok following is relevant for reasons beyond mere numbers. In the NIL (Name, Image, Likeness) space, TikTok is essential for women seeking financial opportunities, whether they are college or professional athletes. The availability of the platform is thus a critical gender equity issue. Female athletes, including Gauff, thrive on TikTok, where her account showcases authentic snippets of her life rather than just sponsored content. While her posts include elements of her sport, they also feature her social activities, humor, and reflections on a typical day as a professional athlete.

Gauff does share sponsored content featuring brands like American Eagle and Naked Juice, and she has even posted a pre-election encouragement to her followers to vote. However, her social media presence is more about her genuine personality than any commercial agenda, allowing her to connect with fans in ways that were impossible before social media became prevalent.

@cocogauff judgement free please, I ‘m still a beginner! 🙏🏾❤️ #cookwithme #foodtiktok #cooking ♬ original sound – Coco Gauff

Female athletes, including stars like Olivia Dunne, have thrived in the NIL arena thanks to platforms like TikTok. Dunne, a national champion gymnast from LSU, has become a significant figure in college athlete endorsements since NIL began. However, women from various sports such as basketball, volleyball, and softball are also making strides in the NIL market. Both Gauff and Dunne exemplify TikTok’s potential for NIL success by being elite athletes who offer fans an intimate look into their interests and lives through social media.

Dunne’s appeal resonates similarly to Gauff’s. Although she receives criticism based on her appearance, Dunne is a master of strategy. Like Gauff, she shares personal moments, engages with followers authentically, and tailors her content to trends that capture her audience’s attention. TikTok serves as an ideal platform for concise, visually appealing, and interactive content, allowing both athletes to create a connection that outstrips traditional media.

@livvy getting my LinkedIn ready #foryou #tiktokban #riptiktok #graduation ♬ original sound – Frankie Bleau

Considering this dynamic, the potential TikTok ban comes at a crucial moment. In Joe Biden’s final days as president, he circulated memos concerning Title IX, particularly its implications for athlete NIL rights. Recently, the OCR issued a memo asserting that third-party NIL payments to college athletes must adhere to Title IX standards. While this was somewhat expected within the NIL landscape, its enforcement may dwindle under Trump’s administration.

This scenario emphasizes the message that Gauff’s TikTok comments underline: restricting women’s access to business avenues—whether collegiate or digital—diminishes their chances for success. While the issues surrounding public information access also affect women in the digital sphere, the intersection of this topic with athlete endorsements is particularly poignant. Although Title IX isn’t directly related to TikTok, its essence—prohibiting sex-based inequality in federally funded educational institutions—resonates deeply here. Despite existing pay disparities in sports, women have nevertheless thrived in the NIL space since regulations changed on July 1, 2021.

There’s an argument to be made that NIL—and TikTok as an extension—has catalyzed greater advancements in gender equity in college sports than the NCAA ever has. TikTok has emerged as the preferred platform for many female athletes in the NIL landscape due to its dynamic, engaging, and multifaceted nature. The impacts of a potential ban could jeopardize this progress and eliminate years of hard work.

While TikTok is functional for now, its future is uncertain, especially considering Trump’s initial stance on its ban. Should the app be eliminated permanently, female athletes would face significant hurdles, possibly including the loss of cultivated audiences and opportunities for vital exposure. Thus, the conversation surrounding a TikTok ban is ultimately a matter of gender equity within the NIL framework—an area where Title IX does not provide protection.


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