Judge denies Tennessee's request for temporary restraining order from NCAA

A federal judge in the Eastern District of Tennessee Tuesday denied the state of Tennessee's request for a temporary retraining order that would have barred the NCAA from enforcing name, image and likeness rules.

One week after the state of Tennessee, along with Virginia, filed a lawsuit against the NCAA in response to its investigation into multiple University of Tennessee athletics programs concerning NIL, Judge Clifton L. Corker ruled that neither state met the requirements for a temporary restraining order.

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Though on the surface it seems like win for the NCAA, Corker's wording in the order seemingly favors Tennessee ahead of a preliminary hearing on Feb. 13 at a federal courthouse in Greeneville, Tennessee.

"Considering the evidence currently before the Court, Plaintiffs are likely to succeed on the merits of their claim under the Sherman Act," Clifton wrote.

A day following the release of a letter that University of Tennessee Chancellor Donde Plowman sent to NCAA President Charlie Baker, in which Plowman called the governing body of college athletics "morally wrong" and "intellectually dishonest" for its sudden enforcement of NIL rules, the school rallied support from high-ranking state officials.

Gov. Bill Lee and University of Tennessee System President Randy Boyd released public statements backing Plowman's response while state attorney general Jonathan Skrmetti announced a suit against the NCAA, siting its violation of the Sherman Act, an antitrust law that prescribes the free competition among those engaged in commerce.

“Student-athletes are entitled to rules that are clear and rules that are fair,” Skrmetti said in a statement. “College sports wouldn’t exist without college athletes, and those students shouldn’t be left behind while everybody else involved prospers. The NCAA’s restraints on prospective students’ ability to meaningfully negotiate NIL deals violate federal antitrust law. Only Congress has the power to impose such limits.”

In its response to the lawsuit last Saturday, the NCAA argued that the state of Tennessee's laws already prohibit NIL influence during the recruiting process. Tennessee responded Sunday, citing NCAA laws that prevent pay-for-play but allow for prospective players to discuss NIL opportunities with collectives.

The NCAA's investigation into Tennessee centers around former five-star quarterback Nico Iamaleava, who signed with the program in 2023 and just completed his freshman season and his involvement with Spyre Sports Group, which sponsors the Volunteer Club collective.

In emails, obtained by VolReport through a public records request, between Plowman's office and representatives of the NCAA revealed that Plowman and Tennessee athletics director Danny White made a number of attempts to meet with Baker to discuss the investigation in December. Those requests were denied due to scheduling conflicts on the part of Baker.

Tennessee is one of three major college athletics programs currently under the scope of the NCAA. Florida State was handed down punishments late last year due to NIL violations while Florida has been under investigation since June 2023.

Tennessee's case has been unique in that it has made it known it intends to fight back, an unprecedented but largely championed move as evidenced but its backing from the state of Tennessee.

White released a public statement on X (formerly Twitter) last week.

“It is clear that the NCAA staff does not understand what is happening at the campus level all over the country in the NIL space. After reviewing thousands of Tennessee coach and personnel phone records, NCAA investigators didn’t find a single NIL violation, so they moved the goalpost to fit a predetermined outcome. They are stating that the nebulous, contradictory NIL guidelines (written by the NCAA not the membership) don’t matter and applying the old booster bylaws to collectives. If that’s the case, then 100% of the major programs in college athletics have significant violations. This is obviously silly and not productive, as is blaming membership whenever they are challenged. We need to be spending out time and energy on solutions to better organize college athletics in the NIL era – something that NCAA leadership failed to do back in 2021.

"Student-athletes, prospective student-athletes, coaches, and administrators across the country deserve better, and I refuse to allow the NCAA to irrationally use Tennessee as an example for their own agenda.”

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