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.
The 2025 MLB All-Star Home Run Derby is fast approaching — and the field is set.
Braves hometown hero Ronald Acuna Jr. became the first player to commit to the event, which will be held at Truist Park in Atlanta on July 14 (8 p.m. ET on ESPN). He was followed by MLB home run leader Cal Raleigh of the Seattle Mariners, James Wood of the Washington Nationals, Byron Buxton of the Minnesota Twins, Oneil Cruz of the Pittsburgh Pirates, Junior Caminero of the Tampa Bay Rays, Brent Rooker of the Athletics and Jazz Chisholm Jr. of the New York Yankees.
On Friday, however, Acuna was replaced by teammate Matt Olson.
With all the entrants announced, let’s break down their chances at taking home this year’s Derby prize.
Full All-Star Game coverage: How to watch, schedule, rosters, more
2025 home runs: 17 | Longest: 434 feet
Why he could win: Olson is a late replacement for Acuna as the home team’s representative at this year’s Derby. Apart from being the Braves’ first baseman, however, Olson also was born in Atlanta and grew up a Braves fan, giving him some extra motivation. The left-handed slugger led the majors in home runs in 2023 — his 54 round-trippers that season also set a franchise record — and he remains among the best in the game when it comes to exit velo and hard-hit rate.
Why he might not: The home-field advantage can also be a detriment if a player gets too hyped up in the first round. See Julio Rodriguez in Seattle in 2023, when he had a monster first round, with 41 home runs, but then tired out in the second round.
2025 home runs: 36 | Longest: 440 feet
Why he could win: It’s the season of Cal! The Mariners’ catcher is having one of the greatest slugging first halves in MLB history, as he’s been crushing mistakes all season . His easy raw power might be tailor-made for the Derby — he ranks in the 87th percentile in average exit velocity and delivers the ball, on average, at the optimal home run launch angle of 23 degrees. His calm demeanor might also be perfect for the contest as he won’t get too amped up.
Why he might not: He’s a catcher — and one who has carried a heavy workload, playing in all but one game this season. This contest is as much about stamina as anything, and whether Raleigh can carry his power through three rounds would be a concern. No catcher has ever won the Derby, with only Ivan Rodriguez back in 2005 even reaching the finals.
2025 home runs: 24 | Longest: 451 feet
Why he could win: He’s big, he’s strong, he’s young, he’s awesome, he might or might not be able to leap tall buildings in a single bound. This is the perfect opportunity for Wood to show his talent on the national stage, and he wouldn’t be the first young player to star in the Derby. He ranks in the 97th percentile in average exit velocity and 99th percentile in hard-hit rate, so he can still muscle the ball out in BP even if he slightly mishits it. His long arms might be viewed as a detriment, but remember the similarly tall Aaron Judge won in 2017.
Why he might not: His natural swing isn’t a pure uppercut — he has a pretty low average launch angle of just 6.2 degrees — so we’ll see how that plays in a rapid-fire session. In real games, his power is primarily to the opposite field, but in a Home Run Derby you can get more cheapies pulling the ball down the line.
2025 home runs: 20 | Longest: 479 feet
Why he could win: Buxton’s raw power remains as impressive as nearly any hitter in the game. He crushed a 479-foot home run earlier this season and has four others of at least 425 feet. Indeed, his “no doubter” percentage — home runs that would be out of all 30 parks based on distance — is 75%, the highest in the majors among players with more than a dozen home runs. His bat speed ranks in the 89th percentile. In other words, two tools that could translate to a BP lightning show.
Why he might not: Buxton is 31 and the Home Run Derby feels a little more like a younger man’s competition. Teoscar Hernandez did win last year at age 31, but before that, the last winner older than 29 was David Ortiz in 2010, and that was under much different rules than are used now.
2025 home runs: 16 | Longest: 463 feet
Why he could win: If you drew up a short list of players everyone wants to see in the Home Run Derby, Cruz would be near the top. He has the hardest-hit ball of the 2025 season, and the hardest ever tracked by Statcast, a 432-foot missile of a home run with an exit velocity of 122.9 mph. He also crushed a 463-foot home run in Anaheim that soared way beyond the trees in center field. With his elite bat speed — 100th percentile — Cruz has the ability to awe the crowd with a potentially all-time performance.
Why he might not: Like all first-time contestants, can he stay within himself and not get too caught up in the moment? He has a long swing, which will result in some huge blasts, but might not be the most efficient for a contest like this one, where the more swings a hitter can get in before the clock expires, the better.
2025 home runs: 23 | Longest: 425 feet
Why he could win: Although Caminero was one of the most hyped prospects entering 2024, everyone kind of forgot about him heading into this season since he didn’t immediately rip apart the majors as a rookie. In his first full season, however, he has showed off his big-time raw power — giving him a chance to become just the third player to reach 40 home runs in his age-21 season. He has perhaps the quickest bat in the majors, ranking in the 100th percentile in bat speed, and his top exit velocity ranks in the top 15. That could translate to a barrage of home runs.
Why he might not: In game action, Caminero does hit the ball on the ground quite often — in fact, he’s on pace to break Jim Rice’s record for double plays grounded into in a season. If he gets out of rhythm, that could lead to a lot of low line drives during the Derby instead of fly balls that clear the fences.
2025 home runs: 19 | Longest: 440 feet
Why he could win: The Athletics slugger has been one of the top power hitters in the majors for three seasons now and is on his way to a third straight 30-homer season. Rooker has plus bat speed and raw power, but his biggest strength is an optimal average launch angle (19 degrees in 2024, 15 degrees this season) that translates to home runs in game action. That natural swing could be picture perfect for the Home Run Derby. He also wasn’t shy about saying he wanted to participate — and maybe that bodes well for his chances.
Why he might not: Rooker might not have quite the same raw power as some of the other competitors, as he has just one home run longer than 425 feet in 2025. But that’s a little nitpicky, as 11 of his home runs have still gone 400-plus feet. He competed in the college home run derby in Omaha while at Mississippi State in 2016 and finished fourth.
2025 home runs: 17 | Longest: 442 feet
Why he could win: Chisholm might not be the most obvious name to participate, given his career high of 24 home runs, but he has belted 17 already in 2025 in his first 61 games after missing some time with an injury. He ranks among the MLB leaders in a couple of home run-related categories, ranking in the 96th percentile in expected slugging percentage and 98th percentile in barrel rate. His raw power might not match that of the other participants, but he’s a dead-pull hitter who has increased his launch angle this season, which might translate well to the Derby, even if he won’t be the guy hitting the longest home runs.
Why he might not: Most of the guys who have won this have been big, powerful sluggers. Chisholm is listed at 5-foot-11, 184 pounds, and you have to go back to Miguel Tejada in 2004 to find the last player under 6 foot to win.
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