Evolving NIL Rights: North Carolina's Student-Athletes Gain Ground

North Carolina student-athletes' ability to profit off of their name, image, and likeness (NIL) is continuing to evolve due to recent litigation.

High School Developments

The ban prohibiting high school student-athletes in public schools from entering into NIL agreements cannot be enforced by the North Carolina State Board of Education, after Wake County Superior Court Judge Graham Shirley, II, granted a preliminary injunction on October 1, in the case of Rolanda Brandon, on behalf of F.B., a minor v. North Carolina State Board of Education.

While the Board has authorization to adopt rules governing high school athletics at public schools and has adopted rules related to the use of a student's NIL, Judge Shirley's ruling held that that authorization does not permit the Board to prohibit student-athletes from entering NIL agreements.