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Where Florida State stands with ACC lawsuit, conference realignment

ns_headshot_2024-clearby:Nick Schultz08/21/24

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florida state seminoles ACC lawsuit grant of rights
On3.com

Saturday, Florida State will take the field for an ACC bout against Georgia Tech. The game will be in Ireland as the highlight of the Week 0 slate, officially kicking off the 2024 season.

But as the anticipation builds for the first game of the year, Florida State is also facing an off-field battle – one against the ACC, which started last calendar year. FSU’s lawsuit challenging the conference’s grant of rights is in mediation, and On3’s Pete Nakos reported a settlement remains a long shot.

It’s been a slow-roll process since the initial filing in December 2023, and Clemson also filed suit against the ACC. But the ramifications of a resolution – whenever that might be – could have an impact on a next round of conference realignment. In the meantime, it’s about waiting and sifting through information.

“The legal process runs its course slowly, as we well know,” Warchant’s Jeff Cameron told Andy Staples on Andy Staples On3. “Where does it stand? I think Florida State feels like – certainly, the fan base does – they’re stuck in molasses because these things take a lot of time. They’re in mediation now. I don’t know that that’s gonna bear fruit or not. It doesn’t necessarily portend of that. Who knows?

“You know, Andy, you hear whispers. I hear whispers. We both try to put our ear to the ground and talk to sources, especially people who are in that business. People who are lawyers for agents and coaches and that, television networks and the like. And every now and then, you hear something that you can put solace in. I try not to run with rumor. I try to pretty much sit back and let this thing play out because it’s very easy, you have a very eager group of fans that want to know at Florida State and Clemson what’s gonna happen, what the future looks like. They feel like, obviously, in order to compete long-term with the Big Ten or the SEC, they’re gonna have to be part of that big two – the “Power 2,” if you will.

How media rights impact FSU’s lawsuit against the ACC

Florida State’s lawsuit centers around the ACC’s grant of rights, which is an agreement that gives conferences the right to broadcast all member schools’ home games for the duration of the media rights deal. The ACC’s grant of rights runs through 2026.

However, documents released by Florida’s attorney general showed ESPN has an option in 2027. FSU contends an amendment signed by commissioner Jim Phillips changed that date to February 2025.

All the while, the Big Ten agreed to a lucrative seven-year, $7 billion deal with FOX, CBS and NBC that fully kicks in this year. That came after the SEC agreed to a 10-year, $3 billion agreement with ESPN and ABC. The Big 12 also signed an extension of its contract with FOX and ESPN, which is effective July 2025 and worth $2.28 billion.

But the Big Ten and SEC are the big winners when it comes to media rights. As for what it takes for Florida State and Clemson to make those moves, the conferences and networks would have to determine how much value they’d bring.

“Really, it boils down to whether or not FOX or ESPN, in my opinion, decides that that’s an asset they would go after,” Cameron said. “I’ve heard rumors that certainly FOX would love to plant a flag in the SECs’ backyard or ESPN’s backyard, if you consider the SEC to be that. It would maybe be a wise move for them to do that, to go grab a Florida State and a Clemson. I don’t know who else is on the docket there, but certainly, those are the two that want out and they are making that known legally. So I wouldn’t be surprised to see that, but right now, I know this.

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“Regardless of whether the SEC wants them or doesn’t, whether ESPN will decide to salvage some assets and restructure the ACC contract and at that point, decide that this is where Florida State and Clemson need to be, maybe it happens, maybe it doesn’t, maybe FOX comes swooping in. But I do know just from the marketability of the program – and certainly, when you talk to TV executives and really, objectively speaking, anybody who follows college football – understands that Florida State is a top-10 or 15 asset in college football, period. It’s really not arguable. The numbers bear that out, too. It’s not an opinion, when you look at ratings and all that stuff.”

Why Florida State could leave the ACC by 2026

The deadline for Florida State and Clemson to inform the ACC they plan to leave was Aug. 15. That day came and went, and the two schools didn’t tell the league of their intentions.

That leaves 2026 as the next possible year they could leave. Cameron predicted that’s when FSU could be out, or even the next year. Regardless, he said the Seminoles will be able to land somewhere if they depart.

As university trustee and former quarterback Drew Weatherford said, it might not come down to both how and when.

“I think Florida State will find a home,” Cameron said. “The question is, how soon? I don’t believe they’ll be out of the ACC in ’25, if that’s what you’re asking. I think the best chance they have, unless something happens in mediation, is probably to get this further down the road to where it becomes pretty clear that the ACC is going to need to figure out a settlement. And what’s the number? Because Florida State all along has been wanting to know the number. And we know why.

“We watched as, use Texas and Oklahoma for an example. A lot of their expenditures to get out have been helped out by the network. And you can see where that would be something that would be very interesting for Florida State. They could never get that promise from, say, FOX publicly. That would have to be a ‘wink, wink, nod, nod’ understanding behind closed doors. A lot of stuff we’re not privy to, but I would believe that probably by 2026, Florida State’s not in the ACC – 2027 at the latest.”