In a significant ruling, a Wake County judge has decided that public school athletes in North Carolina can profit from their name, image, and likeness (NIL), reversing the previous State Board of Education policy that prohibited such activities. The decision, issued by Wake County Superior Court Judge Graham Shirley, comes as part of a lawsuit filed by the family of Faizon Brandon, a highly touted quarterback at Grimsley High School who has committed to the University of Tennessee.
Judge Shirley’s ruling will allow the new NIL guidelines, which were set to take effect in the 2025-2026 season, to be implemented immediately. However, the changes will not be enacted until a written order is signed, which is expected in the coming weeks. The lawsuit argued that the State Board of Education’s prohibition on NIL activities for the current school year was not supported by state law.
Mike Ingersoll, the attorney representing the Brandon family, expressed excitement about the ruling, highlighting the opportunities it creates for high school athletes. Brandon had previously received an NIL offer from a national trading card company that he was unable to accept due to the existing restrictions.
While the North Carolina High School Athletic Association (NCHSAA) declined to comment on the ruling, the proposed permanent rules include guidelines prohibiting NIL deals involving alcohol, tobacco, and firearms. Additionally, athletes will not be allowed to participate in NIL activities during school hours or while wearing their school uniforms.
As part of the new regulations, high school athletes will be required to undergo NIL training and adhere to reporting requirements for their activities. An annual report will be submitted to the State Board of Education to ensure compliance with the new guidelines.
