Clemson vs. ACC exit fees lawsuit explained
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David Hale, ESPN Staff Writer
Clemson became the second school to sue the ACC in state court in an effort to extricate itself from onerous exit fees and a grant of rights that runs for another 12 years.
The lawsuit, filed in Pickens County, South Carolina, on Tuesday, follows a similar blueprint to the one filed by Florida State in Tallahassee in December. Both aim to challenge the veracity of the league’s grant of rights, while the ACC’s countersuit in North Carolina looks to uphold the agreement.
So, what does Clemson’s latest legal maneuver mean for the ACC and the future of realignment? ESPN answered some of the key questions.
Read more about the FSU lawsuit here.
Why did Clemson file its lawsuit now?
Whereas Florida State foreshadowed its lawsuit for months and announced it in grand fashion in late December 2023, Clemson’s efforts toward a potential exit have largely happened in the shadows. But make no mistake, Clemson has been essentially in lockstep with Florida State’s thinking all along, and with the recent announcement that future playoff shares to the ACC would be nearly half that of the SEC and Big Ten, it was yet another domino to fall in Clemson’s journey to this point. Florida State and Clemson understand that finding an exit strategy from the ACC will not happen overnight, so both lawsuits are largely about getting a running start toward the door.
What exactly is Clemson arguing?
Clemson is essentially making the same argument as Florida State, which boils down to claiming the financial penalties involved with the ACC’s exit fee (three times the ACC’s operating budget) are exorbitant and unreasonable, and the grant of rights (which gives the ACC ownership of each member’s TV media rights through 2036) unfairly restricts Clemson’s right to maximize its brand value.
According to the lawsuit, Clemson alleges the ACC’s exit fee and grant of rights “hinders Clemson’s ability to meaningfully explore its options regarding conference membership, to negotiate alternative revenue-sharing proposals among ACC members, and to obtain full value for its future media rights.”
In short, Clemson is suggesting that a grant of rights is unenforceable and illegal, a claim that could potentially have massive ripple effects throughout the college sports landscape if a judge agreed. But given the rapidly changing landscape of college sports, Clemson argues prohibiting free movement among schools could be a potential death sentence for its program.
“In this litigation, Clemson seeks confirmation of the plain language found in the Grant of Rights agreements and the related media agreements between the ACC and ESPN — that these agreements, when read together, plainly state that Clemson controls its media rights for games played if it is no longer a member of the ACC,” a statement from Clemson read. “Clemson also seeks a ruling regarding the unenforceability of the severe penalty the ACC is seeking to impose upon exiting members and confirmation that it does not owe a fiduciary duty to the conference as alleged by the ACC.
“The ACC’s position regarding the Grant of Rights, the exit penalty, and obligations owed by members to the conference, as detailed in its public statements and other court filings, leaves Clemson with no choice but to move forward with this lawsuit.
“Clemson has not given notice that it is exiting the ACC and remains a member of the conference.”
What is a grant of rights again? And why is it so important?
The grant of rights is a legal document signed by each member of the ACC that transfers ownership of media rights from the school to the conference. What this means is that the ACC, not Clemson — or any other member school — owns the rights to broadcasts of games. Schools signed this in 2013 as a reaction to the departure of Maryland to the Big Ten, under the rationale that the grant of rights acts as an insurance policy that would prevent anyone from leaving the league during the duration of the agreement, which in this case is through 2036, because a school without TV revenue would have little value to any other conference or enough revenue to stand as an independent.
In other realignment scenarios, schools either waited out the grant of rights (the Pac-12’s agreement ends in summer 2024) or paid a hefty buyout to leave early (Texas and Oklahoma paid $50 million each to the Big 12 to leave that agreement just one year early).
For Florida State, Clemson or any other school looking to leave the ACC, the dollars and duration are far more imposing. With 12 seasons remaining on the existing deal after this school year, a member would need to either wait far longer than they feel is acceptable or pay a nearly impossible buyout to get their media rights back. And this is in addition to the exit fee.
Hence, option No. 3: Go to court and hope to find a legal framework for exiting sooner and at a lower cost.
Clemson, however, is alleging the grant of rights only applies to teams in the league and would not carry beyond a school exiting. This, of course, is the exact opposite of what the grant of rights was designed to do, but it’s an interesting legal approach given the school’s reading of its TV agreement and grant of rights, which is redacted in public disclosures.
Should we expect more schools to follow in Clemson’s and FSU’s steps?
There’s a genuine question about why Clemson would do this at all if Florida State was willing to be the canary in the coal mine. While numerous other ADs — both inside the ACC and out — have said they’re keenly watching FSU’s efforts to exit the grant of rights, they’ve all sounded more than happy to let the Seminoles take the heat and, ideally, provide the blueprint for an exit strategy.
Clemson’s lawsuit suggests that the school sees value in helping set that blueprint and, in turn, potentially being among the first out the door. If both FSU and Clemson depart the league, others would surely follow — including, perhaps, North Carolina, Virginia, Miami and NC State.
But there are also two big problems with any departure scenario.
First is the money. These lawsuits are effectively a referendum on the cost of departure. That dollar figure, whatever it ultimately is, could be prohibitively high for schools looking to leave. On the flip side, the high cost could provide an incentive to stay if Clemson and FSU are forced to write sizable checks that would then be distributed among the remaining league members.
On Feb. 29, the University of North Carolina Board of Governors approved a policy change that might make it more difficult for public state schools — including North Carolina and NC State — to jump from one conference to another. Under the new rules, any chancellor of a school wanting to change leagues must provide the system president with advance notice and submit a financial plan. The president has the authority to approve or reject the move, and he must notify the Board of Governors, which could vote on the conference transition as well.
The second issue is where schools might land. Several athletics directors who spoke with ESPN said they did not believe the SEC or Big Ten were eager to expand again at the moment, and even the Big Ten’s most recent additions — Washington and Oregon — came in at a fraction of full value. Leaving the ACC is one thing. Having a home afterward is another.
What happens now?
Clemson’s lawsuit was filed in South Carolina, making it the third different state where some form of litigation is ongoing about the ACC’s grant of rights. Deciding who has jurisdiction is the next big step, and even that is likely months away from a ruling. Once any ruling on venue is made, there are likely to be appeals of that ruling, too. In other words, it’s unlikely we’ll learn anything about the enforceability of the ACC’s exit fees and grant of rights any time soon.
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Jeff Legwold
BOULDER, Colo. — For the horde of NFL talent evaluators and some bleachers full of fans, Colorado coach Deion Sanders said Friday that they all got to see the top two players available in this year’s NFL draft.
Quarterback Shedeur Sanders and Heisman Trophy winner Travis Hunter were among the 16 Colorado players who took part in the school’s showcase event for scouts, coaches and personnel executives from every NFL team. And Deion Sanders said the two marquee players confirmed what he has known for a long time.
“It’s tremendous,” Sanders said. “… They should be going 1-2 [in the draft], that’s the way I feel about it. They are the two best players in this draft. … The surest bets in this draft are those two young men, and I didn’t stutter or stammer when I said that.”
Neither Shedeur Sanders nor Hunter took part in most of the position drills or physical testing, but Sanders had a throwing session for just under an hour and Hunter was one of the wide receivers who participated. Neither player worked out at the scouting combine earlier this year, so it was the first time Sanders had thrown in such a setting since the end of the season. He showed some full seven-step drops and play-action from the shotgun and under center.
“I think I did pretty good, to my expectations,” said Sanders, who set the career FBS accuracy mark in his two years at Colorado (71.8%) to go with his 4,134 passing yards and 37 touchdowns last season. “I know I did the best in college football right now, for sure.”
Asked after the throwing session whether he believed he was the best quarterback in the draft, Sanders said: “I feel like I’m the No. 1 quarterback, and that’s what I know. But at the end of the day, I’m not stuck on that because it’s about the situation, so whatever situation, whatever franchise believes in me, I’m excited to go. … I’m comfortable in any situation.”
Players Hunter, who did not speak to the media after the workout, and Sanders met with the Cleveland Browns contingent, including team co-owner Jimmy Haslam, on Thursday night in Boulder.
“They got me really full,” Sanders said. “I definitely needed to go to the sauna after that. … It was a good vibe.”
Said Deion Sanders said: “[I] spoke to the owner, truly delightful. He was engaging. … I think one of those guys is going to be there [at No. 2].”
Hunter, the No. 1 player on Mel Kiper Jr.’s Big Board, did not do any defensive drills Friday, but he ran a full assortment of routes.
Colorado safety Shilo Sanders, Shedeur’s brother, offered plenty of encouragement, shouting commentary and clapping after each throw, including “not a lot of quarterbacks can make that throw” after one deep completion.
The highly attended event — by NFL representatives as well as fans packing small bleachers — had a festive atmosphere. Deion Sanders named it the “We Ain’t Hard 2 Find Showcase,” complete with a large lighted “The Showcase” sign next to the drills.
Hunter, who has said he wants to play offense and defense in the NFL, won the Chuck Bednarik (top defensive player) and Fred Biletnikoff (top receiver) awards in addition to the Heisman. He said whether he will primarily be a wide receiver or a cornerback in the NFL depends “on the team that picks me.”
On Friday, Deion Sanders said “ain’t nobody like Travis.”
Hunter had 96 catches for 1,258 yards and 15 touchdowns as a receiver last season to go with 35 tackles, 11 pass breakups and 4 interceptions at cornerback. In the Buffaloes’ regular-season finale against Oklahoma State, he became the only FBS player in the past 25 years with three scrimmage touchdowns on offense and an interception in the same game, according to ESPN Research.
He played 1,380 total snaps in Colorado’s 12 regular-season games: 670 on offense, 686 on defense and 24 on special teams. He played 1,007 total snaps in 2023.
Shilo Sanders, who hoped to show teams more speed than expected, ran a 4.52 40-yard dash after he measured in at 5-foot-11⅞, 196 pounds. He did not participate in the jumps or bench press that opened the workout, citing a right shoulder injury.
With all NFL eyes on the Colorado campus to see Shedeur Sanders throw, one player who made the most of it was wide receiver Will Sheppard. Sheppard, who measured 6-2¼, 196 pounds, ran the 40 in 4.56 and 4.54 to go with a 40½-inch vertical jump and a 10-foot-11 broad jump.
Baltimore Orioles All-Star shortstop Gunnar Henderson was activated from the 10-day injured list and will make his season debut Friday night against the Kansas City Royals.
Henderson has been sidelined with a right intercostal strain and missed the first seven games of the big league campaign.
The 23-year-old Henderson will lead off and play shortstop against the host Royals.
Henderson was injured during a spring training game Feb. 27. He was fourth in American League MVP voting last season when he batted .281 and racked up career bests of 37 homers and 92 RBIs.
Henderson completed a five-game rehab stint at Triple-A Norfolk on Wednesday. He batted .263 (5-for-19) with two homers and four RBIs and played four games at shortstop and one as the designated hitter. He did commit three errors.
“I think everybody’s looking forward to having Gunnar back on the team,” Baltimore manager Brandon Hyde said Thursday. “The rehab went really, really well. I talked to him a couple days ago, he feels great swinging the bat. The timing came, especially the last few days. He just had to get out there and get some reps defensively and get some games in, and it all went well.”
Baltimore optioned outfielder Dylan Carlson to Triple-A Norfolk to open up a roster spot. The 26-year-old was 0-for-4 with a run and RBI in two games this season.
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Jorge Castillo
When New York Mets president of baseball operations David Stearns attempted to assemble the best possible roster for the 2025 season this winter, the top priority was signing outfielder Juan Soto. Next was the need to replenish the starting rotation and bolster the bullpen. Then, days before pitchers and catchers reported for spring training, the lineup received one final significant reinforcement when first baseman Pete Alonso re-signed.
Acquiring a player with a singing career on the side didn’t make the cut.
“No, that is not on the list,” Stearns said with a smile.
Stearns’ decision not to re-sign Jose Iglesias, the infielder behind the mic for the viral 2024 Mets anthem “OMG,” was attributed to creating more roster flexibility. But it also hammered home a reality: The scrappy 2024 Mets, authors of a magical summer in Queens, are a thing of the past. The 2025 Mets, who will report to Citi Field for their home opener Friday, have much of the same core but also some prominent new faces — and the new, outsized expectations that come with falling two wins short of the World Series, then signing Soto to the richest contract in professional sports history.
But there’s a question surrounding this year’s team that you can’t put a price tag on: Can these Mets rekindle the magic — the vibes, the memes, the feel-good underdog story — that seemed to come out of nowhere to help carry them to Game 6 of the National League Championship Series last season?
“Last year the culture was created,” Mets shortstop Francisco Lindor said. “It’s a matter of continuing it.”
For all the success Stearns has engineered — his small-market Milwaukee Brewers teams reached the postseason five times in eight seasons after he became the youngest general manager in history in 2015 — the 40-year-old Harvard grad, like the rest of his front office peers knows there’s no precise recipe for clubhouse chemistry. There is no culture projection system. No Vibes Above Replacement.
“Culture is very important,” Stearns said last weekend in the visiting dugout at Daikin Park before his club completed an opening-weekend series against the Houston Astros. “Culture is also very difficult to predict.”
Still, it seems the Mets’ 2024 season will be all but impossible to recreate.
There was Grimace, the purple McDonald’s blob who spontaneously became the franchise’s unofficial mascot after throwing out a first pitch in June. “OMG,” performed under Iglesias’ stage name, Candelita, debuted at No. 1 on the Billboard Latin Digital Songs chart, before a remix featuring Pitbull was released in October. Citi Field became a karaoke bar whenever Lindor stepped into the batter’s box with The Temptations’ “My Girl” as his walk-up song. Alonso unveiled a lucky pumpkin in October. They were gimmicks that might have felt forced if they hadn’t felt so right.
“I don’t know if what we did last year could be replicated because it was such a chaos-filled group,” Mets reliever Ryne Stanek said. “I don’t know if that’s replicable because there’s just too many things going on. I don’t know if that’s a sustainable model. But I think the expectation of winning is really important. I think establishing what we did last year and coming into this year where people are like, ‘Oh, no, that’s what we’re expecting to do,’ makes it different. It’s always a different vibe whenever you feel like you’re the hunter versus being the hunted.”
For the first two months last season, the Mets were terrible hunters. Lindor was relentlessly booed at Citi Field during another slow start. The bullpen got crushed. The losses piled up. The Mets began the season 0-5 and sunk to rock bottom on May 29 when reliever Jorge Lopez threw his glove into the stands during a 10-3 loss to the Los Angeles Dodgers that dropped the team to 22-33.
That night, the Mets held a players-only meeting. From there, perhaps coincidentally, everything changed. The Mets won the next day, and 67 of their final 107 games.
This year, to avoid an early malaise and to better incorporate new faces like Soto and Opening Day starter Clay Holmes, players made it a point to hold meetings during spring training to lay a strong foundation.
“At the end of the day, we know who we are and that’s the beauty of our club,” Alonso said. “Not just who we are talent-wise, but who each individual is as a man and a personality. For us, our major, major strength is our collective identity as a unit.”
Organizationally, the Mets are attempting a dual-track makeover: Becoming perennial World Series contenders while not taking themselves too seriously.
The commemorative purple Grimace seat installed at Citi Field in September — Section 302, Row 6, Seat 12 in right field — remains there as part of a two-year contract. Last week, the franchise announced it will feature a New York-city themed “Five Borough” race at every home game — with a different mascot competing to represent each borough. For a third straight season, USA Today readers voted Citi Field — home of the rainbow cookie egg roll, among many other innovative treats — as having the best ballpark food in baseball.
In the clubhouse, their identity is evolving.
“I’m very much in the camp that you can’t force things,” Mets starter Sean Manaea said. “I mean, you can, but you don’t really end up with good results. And if you wait for things to happen organically, then sometimes it can take too long. So, there’s like a nudging of sorts. It’s like, ‘Let’s kind of come up with something, but not force it.’ So there’s a fine balance there and you just got to wait and see what happens.”
Stearns believes it starts with what the Mets can control: bringing positive energy every day and fostering a family atmosphere. It’s hard to quantify, but vibes undoubtedly helped fuel the Mets’ 2024 success. It’ll be a tough act to follow.
“It’s fluid,” manager Carlos Mendoza said. “I like where guys are at as far as the team chemistry goes and things like that and the connections and the relationships. But it’ll continue to take some time. And winning helps, clearly.”
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