Clemson University has filed a lawsuit against the Atlantic Coast Conference over media rights and what it calls the ACC's "unconscionable" and "unenforceable" withdrawal penalty.
The lawsuit was filed Tuesday in the court of common pleas in Pickens County, S.C.
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Clemson University has filed a lawsuit against the Atlantic Coast Conference over media rights and what it calls the ACC's "unconscionable" and "unenforceable" withdrawal penalty.
The lawsuit was filed Tuesday in the court of common pleas in Pickens County, S.C.
According to Pete Thamel of ESPN, the suit portends Clemson's ACC exit.
"Clemson asks in the suit for a declaration that the ACC would not own the rights to Clemson's games 'after Clemson ceases to be a member of the ACC," " Thamel wrote. "Clemson also wants the ACC exit fee — three times the ACC operating budget, an estimated $140 million — ruled as 'an unenforceable penalty in violation of public policy.' " (The total cost of the exit with the rights and the fee was cast as $572 million in Florida State's lawsuit, Thamel added.)
The suit also calls the ACC's view that the league's grant of media rights would allow the league to own Clemson's media rights after it left the league a "nonsensical reading," "wrong" and "inconsistent with the plain language of that agreement."
The Clemson suit, which follows a similar action taken by ACC rival Florida State in December, is significant because it indicates that the league's two clear-cut football powers — and only frequent College Football Playoff participants — both want to leave the league.
"Clemson makes clear that the current ACC television contract, which lags well behind the upcoming SEC and Big Ten deal, looms as an inhibitor to Clemson competing at the highest level," Thamel wrote, pointing out that the Tigers took part in six College Football Playoffs and won national titles in 2016 and 2018.
Also on Tuesday, the College Football Playoff and ESPN announced a new six-year, $7.8 billion contract that further amplifies the financial gap separating the Big Ten and the SEC from the rest of college sports, Thamel reported.
"The ACC's actions interfere with Clemson's free exercise of its rights and are fatally detrimental to Clemson's efforts to ensure that its athletic programs can continue to compete at the highest level," the suit claims, "which is critically important to Clemson even beyond athletics."
In a statement later Tuesday, ACC commissioner Jim Phillips and board of directors chair Jim Ryan maintained their belief that the courts will uphold the agreement between the conference and its members.
"Clemson, along with all ACC members, voluntarily signed and re-signed the 2013 and 2016 Grant of Rights, which is binding through 2036," the statement read, according to ESPN. "In addition, Clemson agreed to the process and procedures for withdrawal. The Conference's legal counsel will vigorously enforce the agreement and bylaws in the best interests of the ACC's current and incoming members."
