South Carolina Court Mandates ACC Disclosure of ESPN Agreements to Clemson

In a recent legal development, a South Carolina court has issued a directive compelling the Atlantic Coast Conference (ACC) to furnish Clemson University with unredacted documentation pertaining to its contractual arrangements with ESPN.

This interim measure, unveiled on Friday, imposes a seven-day deadline on the ACC to furnish Clemson with comprehensive records concerning its broadcast agreement with ESPN. The court order also implements precautionary measures to safeguard the confidentiality of the requested documents, prohibiting their public release.

Under the terms of the order, Clemson, a publicly funded institution, is prohibited from fulfilling any Freedom of Information Act (FOIA) requests pertaining to the documents unless expressly authorized by the ACC or mandated by a court with appropriate jurisdiction.

Clemson initiated legal action against the ACC in March, filing suit in South Carolina. The lawsuit contends that the ACC’s imposition of a $140 million exit fee is exorbitant and unenforceable. Additionally, Clemson asserts that the grant of media rights remains applicable only if the university remains within the conference, and that upon exiting the ACC, it retains control over the media rights to its home sporting events.

An amended complaint filed by Clemson with the court seeks unspecified punitive damages, alleging that the ACC’s claims to TV revenue from Clemson’s games, even in the event of conference realignment, constitute willful and malicious behavior.

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