Tennessee, NCAA spar over NIL rules during preliminary hearing in Greeneville

GREENEVILLE, Tenn. (WJHL) — A federal judge opted against ruling from the bench on an injunction requested by the state of Tennessee that would ban the National Collegiate Athletic Association (NCAA) from enforcing its Name, Image and Likeness (NIL) rules.

Tennessee Attorney General Jonathan Skrmetti filed the lawsuit against the NCAA last month, arguing that the organization’s rules regarding NIL deals violate federal anti-trust law.

Skrmetti’s lawsuit was filed after the NCAA began investigating the University of Tennessee for alleged NIL-related rule violations. The university rebutted the claims, with UT Chancellor Donde Plowman calling the allegations “factually untrue and procedurally flawed” and other school officials sharing similar stances.

U.S. District Judge Clifton Corker denied an earlier request by the state for an immediate restraining order on NIL rules; however, Corker wrote at the time that the state was likely to win its case on merits.

Judge keeps NCAA’s restrictions on NIL in place for now, denying request by Tennessee and Virginia

Tuesday, lawyers for both Tennessee and Virginia and the NCAA argued over the temporary injunction ahead of a packed courtroom of reporters and a few University of Tennessee fans.

Though no tailgates materialized outside the courtroom, at least one Tennessee fan made a show of supporting the university, raising an orange flag on a crane across the street from the courthouse.

“We just ordered the flag on Tuesday,” Greeneville resident Brandon Hull told News Channel 11. “Came in on Friday and got a crane here and just decided to put it up in support of UT.”

Current NCAA regulations prevent prospective students from discussing NIL contracts that commit to play at a particular school as a condition of payment. The prevention of open bidding wars over talent is the line between amateur, college athletics and professional sports, according to the NCAA’s stance.

Tennessee’s lawyer, Cam Norris, argued the NCAA’s rules, “depresses (athlete’s) worth, exploits their labor and deprives them of information” they need in order to make the best admissions decision.

Much of the discussion with the judge centered around what constitutes “irreparable harm” against student-athletes.

“Their irreparable harm is not being able to make an informed decision, not being able to get the benefit of negotiation,” Attorney General Skrmetti told reporters after the hearing.

Corker opted against issuing an immediate ruling from the bench, saying both legal teams had given him a lot to think about.

Though Skrmetti declined to speculate as to how the judge would rule on the injunction, he said he’s confident that Tennessee can win the overall case.

“The law is what the law is,” Skrmetti said. “We have very strong arguments on behalf of Tennessee student-athletes. “

News Channel 11 reached out to the NCAA for comment on what happened inside the courtroom. At the time of writing, the NCAA had not yet provided a response.

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