A federal judge issues a preliminary injunction against the NCAA’s NIL recruiting rules in a suit by Tennessee and Virginia
On February 23, 2024, a federal judge granted a preliminary injunction that barred the NCAA from enforcing its rules on name, image and likeness compensation in recruiting, in a suit brought by Tennessee and Virginia.
Charlie Baker, NCAA president
I think in the end, we are going to need Congress to do something …
Associated Press, via theScore
Day by day
- Feb 23, 2024A federal judge barred the NCAA from enforcing its rules on name, image and likeness compensation for recruits.
- Same dayThe NCAA said in a statement that the rules are overwhelmingly supported by member schools.
- Feb 24, 20241 day laterThe order named the NCAA’s interim NIL policy and its bylaws.
The day
Associated Press
A federal judge on Friday barred the NCAA from enforcing its rules prohibiting name, image and likeness compensation from being used to recruit athletes, granting a request for a preliminary injunction from the states of Tennessee and Virginia …
Reaction
Through Feb 28, 2024
The states’ (plaintiffs’) side
Jonathan Skrmetti, Tennessee attorney general
The NCAA is not above the law, and the law is on our side.
Associated Press, via FOX 13 (Scripps News)
The NCAA’s side
NCAA
Turning upside down rules overwhelmingly supported by member schools will aggravate an already chaotic collegiate environment, further diminishing protections for student-athletes from exploitation …
Outlet report that takes neither side
On February 23, 2024, United States District Judge Clifton L. Corker of the Eastern District of Tennessee granted a preliminary injunction requested by the attorneys general of Virginia and Tennessee …
… the NCAA will not be permitted to enforce the NCAA Interim NIL Policy, the NCAA Bylaws, or any other rules that prevent student-athletes from negotiating compensation for NIL with any third-party entity, including boosters or NIL collectives …
The court (opinion quoted by an outlet)
Judge Clifton Corker, U.S. District Judge, Eastern District of Tennessee
The NCAA’s prohibition likely violates federal antitrust law and harms student-athletes …
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 court’s opinion, as quoted by the Associated Press on theScore
Related
Court rulings on college athletics
- Aug 8, 2014O’Bannon v. NCAA ruling
- Jun 21, 2021NCAA v. Alston: the Supreme Court and limits on athlete benefits
- Nov 14, 2023Oregon State and Washington State win control of the Pac-12 board
- Tennessee and Virginia v. NCAA: the preliminary injunctionThis page
- May 23, 2024House v. NCAA settlement
- Dec 18, 2024Pavia v. NCAA: the preliminary injunction
Sources
News and releases
theScore, Feb 23, 2024“NCAA barred from enforcing NIL rules under injunction | theScore”
- FOX 13, Feb 23, 2024
“Judge says NCAA’s NIL rules may break antitrust, harm college athletes”
Associated Press, via FOX 13 (Scripps News)
CBS Sports, Feb 23, 2024“Tennessee granted temporary injunction by federal judge as NCAA loses ability to enforce NIL policy”
The court’s opinion, as quoted by CBS Sports
The NCAA’s statement, as printed by CBS Sports
- SwimSwam, Feb 24, 2024
“Tennessee Judge Grants Preliminary Injunction Preventing Restrictions to NIL Activities”
- Duane Morris Sports Law, Feb 28, 2024
“Update: Judge Sides with State AGs on NIL-Recruiting Ban”
A law firm’s sports-law blog