NC getting sued over Public HS NIL Ban

somewhat related:

1983 NC State title team members sue NCAA over NIL compensation​


“Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

The players filed suit in Wake County Superior Court on Monday, requesting a jury trial and "reasonable compensation."

… Plaintiffs include former team members Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

… The suit contends that "student-athletes' value to the NCAA does not end with their graduation; archival footage and other products constitute an ongoing income stream for the NCAA long after the students whose images are used have moved on from college." …”

 
They recently amended their complaint to add CBS and TNT.
 
If a HS football player in NC at a private school can ca$h in, then so should public HS ballers.
This should be a slam dunk case for the future Tenn QB. Or not?
 
If a HS football player in NC at a private school can ca$h in, then so should public HS ballers.
This should be a slam dunk case for the future Tenn QB. Or not?
I don't know if it's slam dunk case or not, but it won't turn on a public/private distinction. States have a lot of latitude in establishing the eligibility criteria for their public school athletes. Since most states have these determinations made by a governing body rather than a statute, private schools have long had greater latitude because they can always exit the state leagues in favor of their own if they find the rules onerous.

Judging only from a mass media article (a poor source of information for legal analysis), I would say the case is about whether the governing board overstepped the authority given to it by the state legislature and/or made a decision contrary to law.
 
I don't know if it's slam dunk case or not, but it won't turn on a public/private distinction. States have a lot of latitude in establishing the eligibility criteria for their public school athletes. Since most states have these determinations made by a governing body rather than a statute, private schools have long had greater latitude because they can always exit the state leagues in favor of their own if they find the rules onerous.

Judging only from a mass media article (a poor source of information for legal analysis), I would say the case is about whether the governing board overstepped the authority given to it by the state legislature and/or made a decision contrary to law.
According to plaintiff, that’s exactly what the state did. Overstepped their bounds.

"The State Board of Education was asked to create rules allowing public high school athletes to use their NIL -- it was not empowered to ban it,"
 
So, which party is responsible for making it so public school kids can't get paid the same as the private school kids?
And Private school students aren’t required to take state mandated final exams which MUST count 25% of their final grade. So it’s much easier for the private school footballer to remain “academically eligible” - and that’s assuming private schools even have academic eligibility requirements. Granted, public high school principals have been known to put their thumb on the scales of their schools star QB to keep him eligible…. But doing so at a private school would be a total piece of cake - especially if there’s no guidelines in place anyway.

No, make no mistake, it’s a total double standard EXACTLY the way dook gets away with so much nefarious BS when UNC has to show accountability at every turn.
 
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