A federal judge in Tennessee granted a preliminary injunction Friday afternoon that prohibits the NCAA from punishing any athletes or boosters for negotiating name, image and likeness deals during their recruiting process or while they are in the transfer portal.
The injunction is not a final ruling in the case, but the judge’s decision will likely have an immediate and dramatic impact on how NIL deals are used in the recruiting process.
“The NCAA’s prohibition likely violates federal antitrust law and harms student-athletes,” U.S. District Judge Clifton Corker wrote in his decision Friday.
NCAA rules prohibit student-athletes from signing NIL contracts that are designed as inducements to get them to attend a particular school — one of the few restrictions in place for how athletes can make money. For example, the NCAA recently announced sanctions against Florida State football because a member of its coaching staff connected a prospect with a booster collective that works closely with the Seminoles. The collective made a specific offer to the player, who was considering transferring from his current school to Florida State.
The attorneys general of Tennessee and Virginia argued that the NCAA is illegally restricting opportunities for student-athletes by preventing them from negotiating the terms of NIL deals prior to deciding where they want to go to school. The lawsuit was filed Jan. 31, one day after University of Tennessee chancellor Donde Plowman revealed in a letter to the NCAA that the school’s athletic department was being investigated for potential recruiting rules violations.
In Friday’s ruling, Corker determined that the attorneys general have a reasonable chance of winning their case and that student-athletes could suffer irreparable harm if the restrictions remain in place while the case is being decided.
“Turning upside down rules overwhelmingly supported by member schools will aggravate an already chaotic collegiate environment, further diminishing protections for student-athletes from exploitation,” the NCAA said in a statement. “The NCAA fully supports student-athletes making money from their name, image and likeness and is making changes to deliver more benefits to student-athletes, but an endless patchwork of state laws and court opinions make clear partnering with Congress is necessary to provide stability for the future of all college athletes.”
Anthony Skrmetti, Tennessee’s attorney general, said in a statement Friday that his office plans to litigate the case “to the fullest extent necessary to ensure the NCAA’s monopoly cannot continue.”
“The NCAA is not above the law, and the law is on our side,” Skrmetti said.
Virginia Attorney General Jason Miyares called the win in court “rewarding” and saw it as an extension of the Supreme Court ruling in the NCAA vs. Alston case in 2021, which he said should have put the NCAA “on notice” for its legal vulnerabilities.
“We’re finally getting to the point where you’re seeing real student-athlete empowerment at the collegiate level,” Miyares told ESPN in a phone interview late Friday. “The NCAA in an arbitrary and capricious manner was trying to restrict that.”
Miyares said the NCAA model has gotten to the point where it’s unsustainable, pointing out the billion-dollar NCAA tournament television contract that was signed without the players getting any cut of it. The potential of change to NIL rules that would come with this ruling could be just the start.
“I think could be the first steps of significant change,” he said. “And I think it’s been coming for a long time.”
College athletics attorney Tom Mars, who worked with a Tennessee collective, Spyre Sports Group, on this case, said the ruling could mark the beginning of the end for the NCAA.
“I think this will be one more brick in the wall that is the end of the NCAA,” Mars said. “Short of intervention by Congress, the demise of the NCAA now seems inevitable based on nothing but a financial analysis, as it appears the NCAA is poised to lose all of its upcoming antitrust cases. The cumulative effect of which could make the NCAA financially insolvent.”
“A bad case is a bad case, and they’ve put all their defenses forward,” Mars added. “And there’s no precedent anywhere in the United States that supports their defenses.”
Corker said the NCAA’s lawyers did not make a compelling argument for why using NIL contracts as recruiting inducements would undermine the academic side of college sports.
“While the NCAA permits student-athletes to profit from their NIL, it fails to show how the timing of when a student-athlete enters such an agreement would destroy the goal of preserving amateurism,” the judge wrote.
Earlier this week, Skrmetti told ESPN that he was willing to work with the NCAA to find some middle ground on how it could enforce some of its recruiting rules while the case is resolved.
“If they want to talk about possibilities for finding a workable solution in the short term, we’re always open to conversation,” Skrmetti said, noting he had not discussed the case with NCAA leadership. “There’s no guarantee we’ll be able to reach an agreement, but if there’s a mutually agreeable path forward as we work to get these issues figured out, we’re open to that.”
In an interview with ESPN on Tuesday, NCAA president Charlie Baker said the restriction on recruiting inducements was written because the association wants athletes to choose their future schools based on the best educational opportunities rather than where they could make the most money.
“I also think it makes it enormously challenging, as we are currently seeing in the existing NIL environment, for kids and families to figure out what the right choice is in the first place because an enormous amount of information flows their way that may not in fact be accurate,” Baker said.
ESPN asked Baker if having contracts that the prospective athletes could sign before committing to a school would help ensure that the offers they were receiving were accurate or could provide some way to hold a booster or school accountable for false promises.
“I don’t know,” Baker said.
Since adopting new rules that opened the door for NIL deals in 2021, the NCAA has issued two sanctions related to how boosters used NIL opportunities as an inducement in the recruiting process: the recent Florida State case and one involving the Miami women’s basketball team in February 2023.
The NCAA has struggled to enforce the inducement rules despite widespread acknowledgement and complaints from coaches, players and administrators that offers for NIL money have become a central discussion in recruiting players out of high school and the transfer portal. The rules allow coaches and collectives to share information about a prospect’s potential earning power as long as they don’t make specific offers or promises. Without documented evidence of a violation or cooperation from parties directly involved in an offer, the NCAA’s enforcement staff doesn’t have the power to compel the information they need to levy sanctions.
Plowman, Tennessee’s chancellor, said in her letter to the NCAA that it was “intellectually dishonest” to have rules that allow collectives to meet with recruits and enter into contracts with recruits but prohibit “conversations that would be of a recruiting nature.”
“Any discussion about NIL might factor into a prospective student-athlete’s decision to attend an institution. This creates an inherently unworkable situation, and everyone knows it,” Plowman wrote. “Student-athletes and their families deserve better than this.”
Baker told ESPN that he didn’t think the NCAA was ignoring reality by asking athletes to pick their schools based on academic and athletic opportunities and worry about NIL opportunities after they arrive.
“I think the most important thing here is let’s deal with some of the issues around accountability and transparency and consumer protections first,” Baker said. “And if we then want to have a conversation about other stuff, about how this should all work, especially if we get to the point where we give schools the ability to do more in this space, I’m all-in on that.”
In a separate case about the NCAA’s rules that restrict an athlete’s ability to transfer to a new school without penalty, a federal judge decided in December to grant an injunction. That ruling compelled the NCAA to change its rules to allow athletes to transfer as many times as they would like during their college careers while the case is pending.
College football reporter; joined ESPN in 2008. Graduate of Northwestern University.
COLUMBUS, Ohio — At the NFL scouting combine last month in Indianapolis, Ohio State‘s draft hopefuls talked about Julian Sayin as the likely choice to be the team’s next starting quarterback.
“Julian’s that guy, to be honest with you,” cornerback Denzel Burke told reporters.
“Now it’s his time,” added quarterback Will Howard, the man Sayin and two others will try to replace for the defending national champions.
But Sayin isn’t viewing the starting job as his quite yet. The redshirt freshman is focused on spring practice, which kicked off Monday, and operating in a quarterback room that has been reduced by Howard’s exit and the transfers of Devin Brown (Cal) and Air Noland (South Carolina). Junior Lincoln Kienholz and freshman Tavien St. Clair, a midyear enrollee, were the other two quarterbacks practicing Wednesday.
“You have to block out the noise,” said Sayin, who transferred to Ohio State from Alabama after Nick Saban retired in January 2024. “I’m just focusing on spring practice and just getting better.”
Quarterbacks coach Billy Fessler said Ohio State is “a long way away” from even discussing the closeness of the competition. Fessler, promoted to quarterbacks coach after serving as an offensive analyst last season, is evaluating how the three quarterbacks handle more practice reps, and areas such as consistency and toughness.
He’s confident any of the three can handle being Ohio State’s starting quarterback and the magnitude the job brings, even though none have the experience Howard brought in when he transferred from Kansas State.
“A lot of that was done in the recruitment process,” Fessler said. “I’m confident all three of them could be the guy. Those guys already check that box. So now it’s just a matter of who goes out and wins the job. And again, we are so far away from that point.”
Sayin, ESPN’s No. 9 recruit in the 2024 class, has been praised for a lightning-quick release. He appeared in four games last season, completing 5 of 12 passes for 84 yards and a touchdown.
“We continue to work to build that arm strength, to strengthen his core, to work rotationally, because he is such a rotational thrower, to be able to maximize his movements, both between his lower half and his upper hats, so you can get that ball out with velocity and be successful,” Fessler said. “So he definitely has a quick release, but there’s so much more to playing the position.”
Sayin added about 10 pounds during the offseason and checks in at 203 for spring practice. He’s working to master both on-field skills and the intangible elements, where Howard thrived, saying, “There’s a lot that comes to being a quarterback here besides what you do on the field.”
Kienholz, a three-star recruit, saw the field in 2023, mostly in a Cotton Bowl loss to Missouri, where he completed 6 of 17 pass attempts. He also added weight in the winter, going from around 185 pounds to 207.
“The past few years, I’ve had older guys in front of me and just getting to learn from them on how to be a leader and how to take control,” he said. “Now I’m the oldest guy in the room, so I feel that now, and I kind of feel more confident.”
Buckeyes coach Ryan Day has challenged the quarterbacks to be the hardest workers on the team, and to sustain that ethic.
“I know every single one of them saw that quote by Coach Day, which is pretty awesome,” Fessler said. “It’s so real. It’s who we have to be — the toughest guys in the building, and the hardest-working guys in the building.”
The Department of Defense deleted a story on its website that highlighted Jackie Robinson’s military service, with the original URL redirecting to one that added the letters “dei” in front of “sports-heroes.”
The scrubbing of the page followed a Feb. 27 memo from the Pentagon that called for a “digital content refresh” that would “remove and archive DoD news articles, photos, and videos promoting Diversity, Equity, and Inclusion (DEI).”
The Department of Defense did not respond to requests for comment by ESPN.
“We are aware and looking into it,” an MLB spokesperson said.
Robinson, who served as a second lieutenant in the U.S. Army during World War II, broke Major League Baseball’s color barrier in 1947 when he debuted for the Brooklyn Dodgers. One of the most integral figures in American sports history, Robinson won the National League MVP and Rookie of the Year awards during a 10-year career that led to a first-ballot induction into the National Baseball Hall of Fame.
The deleted story was part of the Department of Defense’s “Sports Heroes Who Served” series. Other stories, including one on Robinson’s teammate Pee-Wee Reese that references his acceptance of Robinson amid racial tensions in his first season, remain on the site.
Robinson was drafted into military service in 1942 and eventually joined the 761st Tank Battalion, also known as the Black Panthers. He was court-martialed in July 1944 after he refused an order by a driver to move to the back of an Army bus he had boarded. Robinson was acquitted and coached Army athletics teams until his honorable discharge in November 1944.
Robinson, who died in 1972, remains an ever-present figure in MLB, with his No. 42 permanently retired in 1997. On April 15 every year, the league celebrates Jackie Robinson Day, honoring the date of his debut with the Dodgers by having every player in the majors wear his jersey number. Last year, Rachel Robinson, Jackie’s widow, who is 102 years old, attended the April 15 game between the New York Mets and Pittsburgh Pirates at Citi Field.
Martin Luther King Jr. said Robinson’s trailblazing efforts in baseball made his own success possible, and Robinson joined King on the front lines of the Civil Rights Movement.
“The life of Jackie Robinson represents America at its best,” Leonard Coleman, the former National League president and chairman of the Jackie Robinson Foundation, told ESPN. “Removing an icon and Presidential Medal of Freedom and Congressional Gold Medal recipient from government websites represents America at its worst.”
The removal of Robinson’s story reflects other efforts by the Pentagon to follow a series of executive orders by President Donald Trump to purge DEI from the federal government. A story on Ira Hayes, a Native American who was one of the Marines to raise the American flag at Iwo Jima, was removed with a URL relabeled with “dei,” according to The Washington Post. Other stories about Navajo code talkers, who were lauded for their bravery covertly relaying messages in World War I and World War II, were likewise deleted, according to Axios.
The Department of Defense also removed a website that celebrated Charles Calvin Rogers, a Black general who received the Medal of Honor, but it later reestablished the site, according to the Post.
On Feb. 20, Trump announced plans to build statues of Robinson, boxing icon Muhammad Ali and NBA star Kobe Bryant in the National Garden of American Heroes, a sculpture park he proposed during his first administration.
ESPN’s Jeff Passan and William Weinbaum contributed to this report.
TOKYO — I have seen an image of Shohei Ohtani, wearing jeans and a white T-shirt, gazing out from a vending machine while standing in a field of green tea leaves, a bottle of Ito En iced tea in his left hand, and I have seen it roughly 4 million times. I have seen Ohtani — two Ohtanis, presumably both the same legendarily indulgent sleeper — sitting on a Sleeptech mattress pad. One Ohtani wears a short-sleeved shirt and holds a baseball bat like a right-handed hitter, the other wears a long-sleeved shirt but holds no bat. Both Ohtanis, whose eyes seem to follow me from the wall of the Tokyo Dome, wear the same expression, which is the same expression found in the field of tea, which can only be described as the look of a man who is dreaming of getting back in the batting cage.
Electronic-billboard Ohtani has looked down upon me from three different directions above the famous Shibuya Crossing, the busiest pedestrian intersection in the world, representing New Balance, DIP (a human resources and recruitment firm that stands for Dreams, Ideas, Passion) and a men’s fragrance called Kosé. He’s 100 feet tall on the side of a building in Shinjuku, wearing the same look next to a couple of Seiko watches. There are many Ohtanis, and so many of them bear the exact same look that it seems plausible that it is one stock image reconstituted to serve an endless number of purposes.
Convenience store Ohtani is draped on a banner across the front of nearly every FamilyMart store, promoting the MLB World Tour: Tokyo Series while holding up onigiri (a Japanese rice ball) and probably wondering how long this is going to take.
I have seen television Ohtani, wearing an apron, prepare and eat a bowl of ramen — chopping his own onion — on a commercial selling something food related that has blurred into all the others. Relaxed yet precise, it is some of his best work. I have seen him standing on a beach kicking a soccer ball for the green tea people, smiling like he’s unaware he’s being filmed. I have seen him morph from Dodger Ohtani to samurai Ohtani on a spot for Fortnite, and it’s hard to tell which one is more imposing. Television Ohtani is an unspoken presence on an ad for T-shirts featuring an artist’s image of his dog, Decoy. (Someone out there, it would seem, is intent on pushing the bounds of fame.)
Television Ohtani is not to be confused with taxi TV Ohtani, who seems to run on an endless backseat loop. On the first day the teams worked out in Tokyo, a massive screen in front of the Tokyo Dome played a mashup of commercials starring Ohtani interspersed with some promotional spots for the series, and a long line of people stood next to it, pointing their phones at the screen.
“Shohei’s impact in Japan is impossible to overstate,” Dodgers president Andrew Friedman says. “We thought we understood it, but until you see it and live it, you can’t fully grasp it.”
Ohtani carries himself like he’s aware that every eye in every room is hyperfocused on him, and him alone. Here, in his home country, is where that truth exceeds the bounds of exaggeration. He has existed here for seven years as nothing more than a figure on a screen — many, many screens — and yet his presence is never more than a street corner away. Baseball fans plan their summer days around Dodgers games, most of which start in the late morning. It feels like more fame than any one human seems capable of containing.
“Every time I go to Japan,” Friedman says, “I think, ‘Well, Shohei, I didn’t miss you at all. I see you everywhere.'”
Ohtani’s mother, Kayoko, handles his business dealings in Japan, and she is clearly killing it. The word is he is judicious with his choices for endorsement deals, but it’s hard to imagine he’s turning much down.
All of it emphasizes Ohtani’s value, not just to himself but to baseball in general and the Dodgers in particular. For six days, Tokyo was one massive ATM. MLB set up a 30,000-square-foot store at the Tokyo Dome to sell Dodgers and Cubs merchandise, everything from logo-printed cookies to Ohtani towels, and it was 10 deep just to get close enough to check the size on an Ohtani jersey. (You could have parked your car in front of the Cubs gear.) Topps put together a remarkably cool four-story baseball card exhibit in Shibuya, right around the corner from the three looming Ohtanis. It included two donations from Ohtani: the base he stole to complete his 50/50 season last year, and a bat he used during the World Series. His deal with Topps netted roughly $7 million for the company last season alone, a company source said, even though card collecting is relatively new in Japan. Stamp rallies, however, are tried-and-true crowd-pleasers, so Topps made sure to include one in the exhibit.
Japan Airlines has an Ohtani-themed plane, his face in triplicate on both sides of the fuselage, and travel agencies throughout Japan operate tours for fans to travel to Los Angeles to watch Ohtani play. Concession stands and signage at Dodger Stadium look vastly different than they did two seasons ago. And Ohtani’s estimated $65 million in annual endorsement income in 2024 — the most of any baseball player, and about $58 million more than the second-place player, Bryce Harper — made it much more palatable for him to defer nearly all of his $700 million contract, which is partly responsible for Friedman’s ability to spend whatever he wants (more than $300 million this season) on whomever he wants.
Ohtani’s fame is such that it can be imprisoning. He has a running feud with Fuji TV in Japan after it flew a drone over the house he bought in Los Angeles and aired the footage. He refused an interview with the network after the Dodgers won the World Series. But rarely has his fame been so stark and unforgiving as it was when the Dodgers’ plane arrived at Haneda Airport on March 13. Roughly 1,000 Japanese fans crowded outside customs to get a glimpse of Ohtani, but the airport had installed white walls that served as a tunnel to separate the players from the public, leaving Ohtani’s fans to settle with breathing the same air.
“It’s too bad, but it’s a security issue,” says Atsushi Ihara, an executive and former director of Nippon Professional Baseball. “If Ohtani walked out of his hotel and down the street, it would end up a police matter.”
The scene in and around the Tokyo Dome for the four exhibition games and the two regular-season games is probably best described as controlled, civil mayhem. Four hours before the first pitch on Opening Day, the crowds were so thick in the shopping areas outside the ballpark that it was difficult to move, which was fine with most people since they were happy to stand in clumps and raise their phones to take videos of the latest Ohtani commercial playing on the massive screens all around them.
(Inside the Dodgers’ clubhouse, a space with all the charm of a middle school locker room, the most prominent feature was a smoking capsule that resembled a phone booth and included a bull’s-eye on the wall showing smokers where to aim for maximum ventilation. No Dodgers appeared to be interested in using it.)
Before every pitch to Ohtani, it felt as if the entire building held its breath before releasing it in one massive exhale. The result was immaterial — foul ball, swing and a miss, take — the response was the same. And when Ohtani hit a homer in his second plate appearance in Tokyo, sending the ball halfway up the bleachers in right against the Tokyo Giants, a group of moms with their tiny daughters, all wearing Ohtani jerseys, danced in the concourse behind the lower deck.
After the game, Giants manager Shinnosuke Abe was asked if he had a chance to speak with Ohtani. “Yes,” he said. “I saw him in the batting cage.” He paused for a moment, as if deciding whether to plow forward. “Some people might not like this,” he said, “but I asked if I could get a picture with him.”
There were five Japanese players in the Tokyo Series, but it was sometimes hard to tell. Dodgers pitcher Yoshinobu Yamamoto turns up on the occasional train station advertisement for an energy drink that sources on the ground say was initially targeted toward Japan’s middle-aged salarymen and their rigorous schedules. Yamamoto’s task, along with sidekick Ichiro Suzuki, is apparently to recruit the younger Japanese consumer to experience the joys of concentrated caffeine.
But really, there is Ohtani, always Ohtani and seemingly only Ohtani. “It’s hard to imagine him being more famous than he is in America,” Dodgers rookie reliever Jack Dreyer says, “but that’s certainly the case.” In Ohtani’s home prefecture of Iwate, in the far northeastern section of Honshu, I passed a gas station with a row of tire racks covered by tarps emblazoned with Ohtani’s photo. A sign nearby declared, “More than 300,000 tires sold.” It was unclear whether the seller was Ohtani or the station.
“What he is achieving and what he’s already achieved is something out of a comic book,” Ihara says. “Like a comic book superhero, you would think that nobody could do such things in real life. He’s showing us that there’s no limits for us as human beings, and that’s the inspiration that he is continuously providing for us.”
Ohtani played four games in Tokyo, two that counted and two that didn’t, a distinction that didn’t seem to matter. He was here, in the flesh, playing baseball in Japan for the first time in eight seasons, and he provided enough memories — his booming homer in the fifth inning Wednesday is the first that comes to mind — to remind everyone why they came. And then he headed back to his new life, back to being an image on a screen or a vending machine or above a convenience store, back to being nowhere and everywhere, somehow both at once.